Indian Penal Code (IPC) 1860 - All Chapters and Sections

Clause: This Act shall be called the Indian Penal Code, and shall extend to the whole of India.

Explanation: Defines the name of the Act and its geographical applicability across India, excluding certain regions as amended.

Clause: Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.

Explanation: Establishes that all persons committing offences within India are punishable under the IPC.

Clause: Any person liable, by any Indian law, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed within India.

Explanation: Extends the IPC's jurisdiction to offences committed outside India but triable within India under Indian law.

Clause: The provisions of this Code apply also to any offence committed by—

(1) any citizen of India in any place without and beyond India;

(2) any person on any ship or aircraft registered in India wherever it may be;

(3) any person in any place without and beyond India committing offence targeting a computer resource located in India.

Explanation: In this section—

(a) the word "offence" includes every act committed outside India which, if committed in India, would be punishable under this Code;

(b) the expression "computer resource" shall have the meaning assigned to it in clause (k) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).

Illustration: A, who is a citizen of India, commits a murder in Uganda. He can be tried and convicted of murder in any place in India in which he may be found.

Explanation: Extends the IPC to offences committed by Indian citizens abroad, on Indian-registered vessels, or targeting Indian computer resources.

Clause: Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.

Explanation: Preserves the applicability of specific military and local laws alongside the IPC.

Clause: Throughout this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled "General Exceptions", though those exceptions are not repeated in such definition, penal provision, or illustration.

Explanation: Ensures that definitions and provisions are interpreted with reference to exceptions in Chapter IV. Chapter II.

Illustrations:

(a) The sections, in this Code, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age.

(b) A, a police-officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that "nothing is an offence which is done by a person who is bound by law to do it".

Clause: Every expression which is explained in any part of this Code, is used in every part of this Code in conformity with the explanation.

Explanation: Ensures consistent use of terms as defined within the Code. Chapter II.

Clause: The pronoun "he" and its derivatives are used of any person, whether male or female.

Explanation: Clarifies that gender-specific pronouns are inclusive of all genders. Chapter II.

Clause: Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.

Explanation: Specifies that singular and plural terms are interchangeable unless context dictates otherwise. Chapter II.

Clause: The word "man" denotes a male human being of any age; the word "woman" denotes a female human being of any age.

Explanation: Defines "man" and "woman" as gender-specific terms applicable to all ages. Chapter II.

Clause: The word "person" includes any Company or Association or body of persons, whether incorporated or not.

Explanation: Defines "person" to include both individuals and collective entities, incorporated or not. Chapter II.

Clause: The word "public" includes any class of the public or any community.

Explanation: Defines "public" to encompass any group or community within society. Chapter II.

Clause: The words "servant of Government" denote any officer or servant continued, appointed or employed in India by or under the authority of Government.

Explanation: Defines "servant of Government" as any officer or employee under governmental authority in India. Chapter II.

Clause: The word "Government" denotes the Central Government or the Government of a State.

Explanation: Defines "Government" as referring to either the Central or State Governments of India. Chapter II.

Clause: "India" means the territory of India excluding the State of Jammu and Kashmir.

Explanation: Defines the geographical scope of "India" for the purposes of the IPC, excluding Jammu and Kashmir as per amendments. Chapter II.

Clause: The word "Judge" denotes not only every person who is officially designated as a Judge, but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body or persons, which body of persons is empowered by law to give such a judgment.

Explanation: Broadly defines "Judge" to include those with judicial authority to deliver binding judgments. Chapter II.

Illustrations:

(a) A Collector exercising jurisdiction in a suit under Act 10 of 1859 is a Judge.

(b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge.

(c) A member of a panchayat which has power, under Regulation VII, 1816, of the Madras Code, to try and determine suits, is a Judge.

(d) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is not a Judge.

Clause: The words "Court of Justice" denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially.

Explanation: Defines "Court of Justice" as a judicial authority, individual or collective, acting in a judicial capacity. Chapter II.

Illustration: A Panchayat acting under Regulation VII, 1816, of the Madras Code, having power to try and determine suits, is a Court of Justice.

Clause: The words "public servant" denote a person falling under any of the descriptions hereinafter following, namely:

Second.—Every Commissioned Officer in the Military, Naval or Air Forces of India;

Third.—Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;

Fourth.—Every officer of a Court of Justice (including a liquidator, receiver or commissioner) whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorised by a Court of Justice to perform any of such duties;

Fifth.—Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant;

Sixth.—Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority;

Seventh.—Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;

Eighth.—Every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

Ninth.—Every officer whose duty it is as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government;

Explanation: Defines "public servant" to include various officials with specific duties related to justice, government, and public safety. Chapter II.

Clause: The words "moveable property" are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.

Explanation: Defines "moveable property" as tangible property excluding land and fixtures. Chapter II.

Clause: "Wrongful gain" is gain by unlawful means of property to which the person gaining is not legally entitled.

"Wrongful loss" is the loss by unlawful means of property to which the person losing it is legally entitled.

Gaining wrongfully/ Losing wrongfully.—A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.

Explanation: Defines "wrongful gain" and "wrongful loss" in terms of unlawful acquisition or deprivation of property. Chapter II.

Clause: Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing "dishonestly".

Explanation: Defines "dishonestly" as acting with intent to cause wrongful gain or loss. Chapter II.

Clause: A person is said to do a thing fraudulently if he does that thing with intent to defraud, but not otherwise.

Explanation: Defines "fraudulently" as acting with intent to deceive. Chapter II.

Clause: A person is said to have "reason to believe" a thing, if he has sufficient cause to believe that thing but not otherwise.

Explanation: Defines "reason to believe" as having sufficient cause for belief. Chapter II.

Clause: When property is in the possession of a person's wife, clerk or servant, on account of that person, it is in that person's possession within the meaning of this Code.

Explanation: Clarifies that property held by a wife, clerk, or servant on behalf of another is considered in that person's possession. Chapter II.

Clause: A person is said to "counterfeit" who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.

Explanation: Defines "counterfeit" as creating a deceptive resemblance with intent to deceive. Chapter II.

Clause: The word "document" denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.

Explanation: Defines "document" as any recorded matter intended or usable as evidence. Chapter II.

Clause: The words "electronic record" shall have the meaning assigned to them in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).

Explanation: Defines "electronic record" by referencing the Information Technology Act, 2000. Chapter II.

Clause: The words "valuable security" denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right.

Explanation: Defines "valuable security" as a document establishing or affecting legal rights or liabilities. Chapter II.

Clause: The words "a will" denote any testamentary document.

Explanation: Defines "a will" as any document with testamentary effect. Chapter II.

Clause: In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.

Explanation: Extends the term "acts" to include illegal omissions unless otherwise specified. Chapter II.

Clause: The word "act" denotes as well a series of acts as a single act: the word "omission" denotes as well a series of omissions as a single omission.

Explanation: Defines "act" and "omission" to include both singular and multiple instances. Chapter II.

Clause: When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

Explanation: Holds multiple persons jointly liable for crimes committed with shared intent. Chapter II.

Clause: Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.

Explanation: Establishes joint liability for acts committed with shared criminal knowledge or intention. Chapter II.

Clause: Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.

Explanation: Treats acts and omissions contributing to an offence as equivalent. Chapter II.

Clause: When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.

Explanation: Holds individuals liable for contributing to an offence through any act in a series of acts. Chapter II.

Clause: Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act.

Explanation: Allows for different liabilities among participants in a criminal act based on their roles or intents. Chapter II.

Clause: A person is said to cause an effect "voluntarily" when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.

Explanation: Defines "voluntarily" as causing an effect with intent or knowledge of likely consequences. Chapter II.

Clause: Except in the Chapters and sections mentioned in clauses 2 and 3 of this section, the word "offence" denotes a thing made punishable by this Code.

Explanation: Defines "offence" as any act punishable under the IPC, with specific exceptions. Chapter II.

Clause: A "special law" is a law applicable to a particular subject.

Explanation: Defines "special law" as legislation focused on a specific subject matter. Chapter II.

Clause: A "local law" is a law applicable only to a particular part of India.

Explanation: Defines "local law" as legislation applicable to a specific region in India. Chapter II.

Clause: The word "illegal" is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action: and a person is said to be "legally bound to do" whatever it is illegal in him to omit.

Explanation: Defines "illegal" as acts that are offences, prohibited, or actionable, and "legally bound to do" as obligatory acts whose omission is illegal. Chapter II.

Clause: The word "injury" denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.

Explanation: Defines "injury" as any illegal harm to a person’s body, mind, reputation, or property. Chapter II.

Clause: The word "life" denotes the life of a human being, unless the contrary appears from the context.

Explanation: Defines "life" as human life unless otherwise indicated. Chapter II.

Clause: The word "death" denotes the death of a human being, unless the contrary appears from the context.

Explanation: Defines "death" as human death unless otherwise indicated. Chapter II.

Clause: The word "animal" denotes any living creature, other than a human being.

Explanation: Defines "animal" as any non-human living creature. Chapter II.

Clause: The word "vessel" denotes anything made for the conveyance by water of human beings or of property.

Explanation: Defines "vessel" as any craft used for transport on water. Chapter II.

Clause: The word "year" denotes a year according to the Gregorian calendar. The word "month" denotes a month according to the Gregorian calendar.

Explanation: Defines "year" and "month" based on the Gregorian calendar. Chapter II.

Clause: The word "section" denotes one of those portions of a Chapter of this Code which are distinguished by prefixed numeral figures.

Explanation: Defines "section" as a numbered division within a chapter of the IPC. Chapter II.

Clause: The word "oath" includes a solemn affirmation substituted by law for an oath, and any declaration required or authorized by law to be made before a public servant or to be used for the purpose of proof, whether in a Court of Justice or not.

Explanation: Defines "oath" to include affirmations and declarations used for legal proof. Chapter II.

Clause: Nothing is said to be done or believed in "good faith" which is done or believed without due care and attention.

Explanation: Defines "good faith" as actions or beliefs exercised with due care and attention. Chapter II.

Clause: Except in section 157, and in section 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word "harbour" includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means whatsoever to evade apprehension.

Explanation: Defines "harbour" as providing various forms of assistance to evade apprehension, with specific exceptions. Chapter II.

Clause: The punishments to which offenders are liable under the provisions of this Code are—

First.—Death;

Secondly.—Imprisonment for life;

Thirdly.—[Omitted]

Fourthly.—Imprisonment, which is of two descriptions, namely:—

(1) Rigorous, that is, with hard labour;

(2) Simple;

Fifthly.—Forfeiture of property;

Sixthly.—Fine.

Explanation: Lists the types of punishments applicable under the IPC, including death, life imprisonment, rigorous and simple imprisonment, forfeiture, and fines. Chapter III.

Clause:

(1) Subject to the provisions of sub-section (2) and sub-section (3), any reference to "transportation for life" in any other law for the time being in force or in any instrument or order having effect by virtue of any such law or of any enactment repealed, shall be construed as a reference to "imprisonment for life".

(2) In every case in which a sentence of transportation for a term has been passed before the commencement of the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955), the offender shall be dealt with in the same manner as if sentenced to rigorous imprisonment for the same term.

(3) Any reference to transportation for a term or to transportation for any shorter term (by whatever name called) in any other law for the time being in force shall be deemed to have been omitted.

(4) Any reference to "transportation" in any other law for the time being in force shall,—

(a) if the expression means transportation for life, be construed as a reference to imprisonment for life;

(b) if the expression means transportation for any shorter term, be deemed to have been omitted.

Explanation: Clarifies that references to "transportation" in laws are to be interpreted as imprisonment for life or omitted, depending on the context. Chapter III.

Clause: In every case in which sentence of death shall have been passed, the appropriate Government may, without the consent of the offender, commute the punishment for any other punishment provided by this Code.

Explanation: Allows the government to commute a death sentence to another punishment under the IPC without the offender’s consent. Chapter III.

Clause: In every case in which a sentence of imprisonment for life shall have been passed, the appropriate Government may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years.

Explanation: Permits the government to commute a life imprisonment sentence to a term not exceeding 14 years without the offender’s consent. Chapter III.

Clause: In sections 54 and 55, the expression "appropriate Government" means,—

(a) in cases where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and

(b) in other cases, the Government of the State within which the offender is sentenced.

Explanation: Defines "appropriate Government" as the Central Government for death sentences or Union-related offences, and the State Government for other cases. Chapter III.

Clause: In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years.

Explanation: Stipulates that life imprisonment is calculated as equivalent to 20 years for determining fractions of punishment terms. Chapter III.

Clause: In every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.

Explanation: Allows courts to specify whether imprisonment is wholly rigorous, wholly simple, or a combination of both. Chapter III.

Clause: Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.

Explanation: States that fines are unlimited unless specified, but must not be excessive. Chapter III.

Clause: In every case, of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment, and in every case of an offence punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.

Explanation: Allows courts to impose imprisonment in default of fine payment, in addition to any other imprisonment. Chapter III.

Clause: The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.

Explanation: Limits imprisonment for non-payment of a fine to one-fourth of the maximum imprisonment term for the offence. Chapter III.

Clause: The imprisonment which the Court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence.

Explanation: Allows the court to choose the type of imprisonment (rigorous or simple) for non-payment of a fine, consistent with the offence’s punishment. Chapter III.

Clause: If the offence be punishable with fine only, the imprisonment which the Court imposes in default of payment of the fine shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed the following scale, that is to say,—

for any term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and

for any term not exceeding four months when the amount shall not exceed one hundred rupees, and

for any term not exceeding six months in any other case.

Explanation: Specifies that imprisonment for non-payment of a fine, when the offence is punishable by fine only, must be simple and limited by a scale based on the fine amount. Chapter III.

Clause: The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law.

Explanation: States that imprisonment for non-payment of a fine ends upon payment or legal recovery of the fine. Chapter III.

Clause: If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.

Illustration: A is sentenced to a fine of one hundred rupees and to four months’ imprisonment in default of payment. Here, if seventy-five rupees of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the first month of imprisonment has been completed. If seventy-five rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment, A will be immediately discharged. But if so much as fifty rupees of the fine be paid or levied before the expiration of the two months of the imprisonment, A will not be discharged until the expiration of the two months, because the term of imprisonment suffered is less than proportional to the part of the fine still unpaid.

Explanation: Allows termination of imprisonment when a proportional part of the fine is paid, based on the time served relative to the unpaid fine. Chapter III.

Clause: The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts.

Explanation: Permits the recovery of unpaid fines within six years or during imprisonment, and clarifies that the offender’s death does not exempt property from liability. Chapter III.

Clause: Where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided.

Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence, the offender shall not be punished with a more severe punishment than the Court which tries him could award for any one of such offences.

Illustrations:

(a) A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for each blow, he might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating.

(b) But, if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y.

Explanation: Limits punishment for an offence composed of multiple parts or falling under multiple definitions to the punishment for one offence, unless otherwise specified. Chapter III.

Clause: In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided for all.

Explanation: Directs that when guilt is established for one of several offences but unclear which, the offender receives the punishment for the offence with the lowest penalty. Chapter III.

Clause: Whenever any person is convicted of an offence for which under this Code the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, that is to say—

a time not exceeding one month if the term of imprisonment shall not exceed six months;

a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year;

a time not exceeding three months if the term of imprisonment shall exceed one year.

Explanation: Allows courts to impose solitary confinement as part of rigorous imprisonment, limited to a maximum of three months based on the imprisonment term. Chapter III.

Clause: In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods; and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods.

Explanation: Sets limits on solitary confinement to 14 days at a time with equal intervals, and a maximum of 7 days per month for imprisonments exceeding three months. Chapter III.

Clause: Whoever, having been convicted,—

(a) by a Court in India, of an offence punishable under Chapter XII or Chapter XVII of this Code with imprisonment of either description for a term of three years or upwards, shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the like term, shall be subject for every such subsequent offence to imprisonment for life, or to imprisonment of either description for a term which may extend to seven years.

Explanation: Provides for enhanced punishment (up to life imprisonment or seven years) for repeat offenders convicted of certain offences under Chapters XII or XVII after a prior conviction. Chapter III.

Clause: Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it.

Illustration:

(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence.

(b) A, an officer of a Court of Justice, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence.

Explanation: Exempts acts done by a person bound by law or who, due to a mistake of fact in good faith, believes themselves bound by law. Chapter IV.

Clause: Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.

Explanation: Protects judges from liability for acts performed in their judicial capacity, provided they act in good faith. Chapter IV.

Clause: Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court of Justice, if done whilst such judgment or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction.

Explanation: Exempts acts done under a court’s judgment or order, even if the court lacked jurisdiction, if performed in good faith. Chapter IV.

Clause: Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it.

Illustration:

A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.

Explanation: Exempts acts done by a person justified by law or who, due to a mistake of fact in good faith, believes themselves justified. Chapter IV.

Clause: Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution.

Illustration:

A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence.

Explanation: Exempts accidental acts done without criminal intent during lawful activities performed with care. Chapter IV.

Clause: Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property.

Explanation: It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm.

Illustrations:

(a) A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C.

(b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A’s act, A is not guilty of the offence.

Explanation: Exempts acts done in good faith to prevent greater harm, without criminal intent, subject to the imminence and nature of the harm avoided. Chapter IV.

Clause: Nothing is an offence which is done by a child under seven years of age.

Explanation: Grants absolute immunity to children under seven for any act, as they are deemed incapable of criminal intent. Chapter IV.

Clause: Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

Explanation: Exempts children aged seven to twelve who lack sufficient maturity to understand the nature and consequences of their actions. Chapter IV.

Clause: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.

Explanation: Exempts acts by persons of unsound mind who cannot understand the nature or wrongfulness of their actions due to mental incapacity. Chapter IV.

Clause: Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law; provided that the thing which intoxicated him was administered to him without his knowledge or against his will.

Explanation: Exempts acts by a person involuntarily intoxicated, rendering them incapable of understanding the nature or wrongfulness of their actions. Chapter IV.

Clause: In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.

Explanation: Holds voluntarily intoxicated persons liable for specific intent or knowledge-based offences as if sober, unless intoxication was involuntary. Chapter IV.

Clause: Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm.

Illustration:

A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no offence.

Explanation: Exempts harm caused with consent by adults over 18 in activities not intended or known to cause death or grievous hurt. Chapter IV.

Clause: Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm.

Illustration:

A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under a painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit, performs the operation with Z’s consent. A has committed no offence.

Explanation: Exempts harm caused in good faith for a person’s benefit with their consent, provided there is no intent to cause death. Chapter IV.

Clause: Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person:

Provided—

First.—That this exception shall not extend to the intentional causing of death, or to the attempting to cause death;

Secondly.—That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;

Thirdly.—That this exception shall not extend to the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity;

Fourthly.—That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.

Illustration:

A, in good faith, for his child’s benefit without his child’s consent, has his child cut for the stone by a surgeon knowing it to be likely to cause the child’s death, but not intending to cause the child’s death. A is within the exception, inasmuch as his object was the cure of the child.

Explanation: Exempts acts done in good faith for the benefit of children under 12 or persons of unsound mind with guardian consent, subject to limitations on causing death or grievous hurt. Chapter IV.

Clause: A consent is not such a consent as is intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, or if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or, unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.

Explanation: Invalidates consent given under fear, misconception, unsound mind, intoxication, or by children under 12, for the purposes of IPC exceptions. Chapter IV.

Clause: The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given.

Illustration:

Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is an offence independently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence “by reason of such harm”; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act.

Explanation: Clarifies that consent-based exceptions do not apply to acts that are offences regardless of the harm caused. Chapter IV.

Clause: Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with advantage:

Provided—

First.—That this exception shall not extend to the intentional causing of death, or the attempting to cause death;

Secondly.—That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity;

Thirdly.—That this exception shall not extend to the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt;

Fourthly.—That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.

Illustrations:

(a) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence.

(b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s ball gives Z a mortal wound. A has committed no offence.

(c) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is no time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no offence.

(d) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the housetop, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child’s benefit. Here, even if the child is killed by the fall, A has committed no offence.

Explanation: Exempts acts done in good faith for a person’s benefit without consent in emergencies where consent is impossible, subject to limitations. Chapter IV.

Clause: No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person.

Illustration:

A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death.

Explanation: Exempts good-faith communications made for a person’s benefit, even if they cause harm. Chapter IV.

Clause: Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence:

Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.

Explanation 1: A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law.

Explanation 2: A person seized by a gang of dacoits, and forced, by threat of instant death, to do a thing which is an offence by law; for example, a smith compelled to take his tools and force open a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.

Explanation: Exempts acts (except murder and certain state offences) done under threat of instant death, provided the person did not voluntarily expose themselves to the threat. Chapter IV.

Clause: Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.

Explanation: Exempts acts causing trivial harm that a reasonable person would not complain about. Chapter IV.

Clause: Nothing is an offence which is done in the exercise of the right of private defence.

Explanation: Establishes the general right to private defence, exempting acts done to protect oneself or property. Chapter IV.

Clause: Every person has a right, subject to the restrictions contained in section 99, to defend—

First.—His own body, and the body of any other person, against any offence affecting the human body;

Secondly.—The property, whether moveable or immoveable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass.

Explanation: Grants the right to defend one’s own body or property, or that of others, against specified offences, subject to limitations in section 99. Chapter IV.

Clause: When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.

Illustrations:

(a) Z, under the influence of madness, attempts to kill A; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane.

(b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a house-breaker, attacks A. Here Z, by reason of a misconception, is not guilty of any offence; but A has the same right of private defence against Z, which he would have if Z were not acting under that misconception.

Explanation: Extends the right of private defence to acts by persons exempt from liability due to youth, insanity, intoxication, or misconception. Chapter IV.

Clause: There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act may not be strictly justifiable by law.

There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law.

There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.

The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence.

Explanation 1: A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows or has reason to believe, that the person doing the act is such public servant.

Explanation 2: A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded.

Explanation: Limits the right of private defence against public servants’ acts, when there is time to seek public authority, and to proportionate harm. Chapter IV.

Clause: The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:—

First.—Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;

Secondly.—Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;

Thirdly.—An assault with the intention of committing rape;

Fourthly.—An assault with the intention of gratifying unnatural lust;

Fifthly.—An assault with the intention of kidnapping or abducting;

Sixthly.—An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release;

Seventhly.—An act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act.

Explanation: Permits causing death in private defence of the body against specific serious assaults, subject to section 99 restrictions. Chapter IV.

Clause: If the offence be not of any of the descriptions enumerated in the last preceding section, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99, to the voluntary causing to the assailant of any harm other than death.

Explanation: Allows causing harm short of death in private defence of the body for offences not listed in section 100, subject to section 99 restrictions. Chapter IV.

Clause: The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.

Explanation: Defines the duration of the right of private defence of the body, starting from reasonable apprehension of danger and lasting as long as the threat persists. Chapter IV.

Clause: The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely:—

First.—Robbery;

Secondly.—House-breaking by night;

Thirdly.—Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property;

Fourthly.—Theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.

Explanation: Permits causing death in private defence of property against specific offences like robbery or house-breaking, subject to section 99 restrictions. Chapter IV.

Clause: If the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the last preceding section, that right does not extend to the voluntary causing of death, but does extend, under the restrictions mentioned in section 99, to the voluntary causing to the wrong-doer of any harm other than death.

Explanation: Allows causing harm short of death in private defence of property for theft, mischief, or criminal trespass not listed in section 103, subject to section 99 restrictions. Chapter IV.

Clause: The right of private defence of property commences when a reasonable apprehension of danger to the property commences.

The right of private defence of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered.

The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues.

The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.

The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.

Explanation: Defines the duration of the right of private defence of property, varying by offence, from the onset of danger until the threat ceases or authorities intervene. Chapter IV.

Clause: If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.

Illustration:

A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.

Explanation: Allows the right of private defence against a deadly assault to include risking harm to innocent persons when unavoidable. Chapter IV.

Clause: A person abets the doing of a thing, who—

First.—Instigates any person to do that thing; or

Secondly.—Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

Thirdly.—Intentionally aids, by any act or illegal omission, the doing of that thing.

Explanation 1: A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

Illustration: A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.

Explanation 2: Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.

Explanation: Defines abetment as instigating, conspiring, or intentionally aiding the commission of an act. Chapter V.

Clause: A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.

Explanation 1: The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.

Explanation 2: To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.

Illustrations:

(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.

(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder.

Explanation 3: It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.

Illustrations:

(a) A, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence.

(b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z’s death. B, in consequence of the abetment, does the act in the absence of A and thereby causes Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death.

(c) A instigates B to set fire to a dwelling-house. B, in consequence of the unsoundness of his mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A’s instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling-house, and is liable to the punishment provided for that offence.

(d) A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s possession, in good faith, believing it to be A’s property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft.

Explanation 4: The abetment of an offence being an offence, the abetment of such an abetment is also an offence.

Illustration:

A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment for murder; and, as A instigated B to commit the offence, A is also liable to the same punishment.

Explanation 5: It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.

Illustration:

A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison, but without mentioning A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder.

Explanation: Defines an abettor and clarifies that abetment is an offence even if the act is not completed or the abetted person lacks criminal capacity. Chapter V.

Clause: A person abets an offence within the meaning of this Code who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.

Illustration:

A, in India, instigates B, a foreigner in Goa, to commit a murder in Goa. A is guilty of abetting murder.

Explanation: Extends abetment to acts committed outside India that would be offences if committed in India, when abetted from within India. Chapter V.

Clause: Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence.

Explanation: An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.

Illustrations:

(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B accepts the bribe. A has abetted the offence defined in section 161.

(b) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.

(c) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.

Explanation: Provides that abettors are liable for the same punishment as the principal offence if the act is committed due to abetment and no specific punishment is prescribed. Chapter V.

Clause: Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other.

Explanation: Holds abettors liable based on their own intention or knowledge, even if the person abetted acts with a different intention. Chapter V.

Clause: When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it:

Provided it was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.

Illustrations:

(a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here, if the child was acting under the influence of A’s instigation, and the act done was under the circumstances a probable consequence of the abetment, A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of Y.

(b) A instigates B to burn Z’s house. B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning.

(c) A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder.

Explanation: Holds abettors liable for different acts done if they are probable consequences of the abetment and result from the instigation, aid, or conspiracy. Chapter V.

Clause: If the act for which the abettor is liable under the last preceding section is committed in addition to the act abetted, and constitutes a distinct offence, the abettor is liable to punishment for each of the offences.

Illustration:

A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As the resistance was a distinct offence, A is liable to punishment for both the abetment of the resistance and for the grievous hurt caused in offering such resistance.

Explanation: Allows cumulative punishment for the abetted act and any distinct offence committed as a probable consequence of the abetment. Chapter V.

Clause: When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect.

Illustration:

A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished for murder.

Explanation: Holds abettors liable for unintended effects of the abetted act if they knew the act was likely to cause that effect. Chapter V.

Clause: Whenever any person, who if absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence.

Explanation: Treats an abettor present at the commission of the offence as if they committed the offence themselves. Chapter V.

Clause: Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.

Illustration:

A instigates B to murder Z. The offence is not committed. If B had murdered Z, A would have been subject to the punishment of death or imprisonment for life. Therefore A is liable to imprisonment for a term which may extend to seven years and also to a fine; and, if any hurt be done to Z in consequence of the abetment, A will be liable to imprisonment for a term which may extend to fourteen years, and to fine.

Explanation: Prescribes punishment for abetting offences punishable with death or life imprisonment, even if not committed, with enhanced punishment if hurt is caused. Chapter V.

Clause: Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both;

and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.

Illustrations:

(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B refuses to accept the bribe. A is liable to imprisonment for a term which may extend to one-fourth part of the longest term provided for the offence defined in section 161, or to fine, or both.

(b) A instigates B to give false evidence. B does not give false evidence. A is liable to imprisonment for a term which may extend to one-fourth part of the longest term provided for the offence of giving false evidence, or to fine, or both; and as B is a public servant whose duty it is to prevent such offence, A is liable to imprisonment for a term which may extend to one-half of the longest term provided for that offence, or to fine, or both.

Explanation: Prescribes punishment for abetting offences punishable with imprisonment, if not committed, with enhanced punishment if the abettor or abetted is a public servant. Chapter V.

Clause: Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Illustration:

A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence defined in this section.

Explanation: Punishes abetment of an offence by the public or a group exceeding ten persons with up to three years’ imprisonment, fine, or both. Chapter V.

Clause: Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design,

shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years, or, if the offence be not committed, with imprisonment of either description, for a term which may extend to three years; and in either case shall also be liable to fine.

Illustration:

A, knowing that dacoity is about to be committed at B’s house, and knowing it to be likely that he will thereby facilitate the commission of the offence, falsely informs the Magistrate that a dacoity is about to be committed at C’s house, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B’s house in pursuance of the design. A is punishable under this section with imprisonment which may extend to seven years, and fine.

Explanation: Punishes concealing a design to commit an offence punishable with death or life imprisonment, with varying penalties depending on whether the offence is committed. Chapter V.

Clause: Whoever, being a public servant, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design,

shall, if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both;

or, if the offence be punishable with death or imprisonment for life, with imprisonment of either description for a term which may extend to seven years;

or, if the offence be not committed, shall be punished with imprisonment of any description provided for the offence, for a term which may extend to one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both.

Illustration:

A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the commission of that offence. Here A has committed the offence defined in this section, and, if the robbery be committed, A is liable to imprisonment for a term which may extend to one-half of the longest term provided for robbery, or fine, or both; or, if the robbery be punishable with imprisonment for life, to imprisonment for a term which may extend to seven years; or, if the robbery be not committed, to imprisonment for a term which may extend to one-fourth part of the longest term provided for robbery, or fine, or both.

Explanation: Punishes public servants for concealing designs to commit offences they are duty-bound to prevent, with penalties varying by offence severity and commission. Chapter V.

Clause: Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design,

shall, if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth, and, if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.

Illustration:

A, knowing that B designs to commit theft, and intending to facilitate the commission of that offence, conceals the design by falsely representing to the police that B has left the town. If the theft is committed, A is liable to imprisonment for a term which may extend to one-fourth of the longest term provided for theft, or fine, or both; if the theft is not committed, A is liable to imprisonment for a term which may extend to one-eighth of the longest term provided for theft, or fine, or both.

Explanation: Punishes concealing a design to commit an offence punishable with imprisonment, with penalties depending on whether the offence is committed. Chapter V.

Clause: When two or more persons agree to do, or cause to be done,—

(1) an illegal act, or

(2) an act which is not illegal by illegal means,

such an agreement is designated a criminal conspiracy:

Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy, unless some act, besides the agreement, is done by one or more parties to such agreement in pursuance thereof.

Explanation: It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

Explanation: Defines criminal conspiracy as an agreement to commit an illegal act or a legal act by illegal means, requiring an overt act for non-offence conspiracies. Chapter VA.

Clause:

(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.

Explanation: Prescribes punishment for criminal conspiracy, equating it to abetment for serious offences and providing lesser penalties for others. Chapter VA.

Clause: Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life, and shall also be liable to fine.

Illustration:

A joins an insurrection against the Government of India. A has committed the offence defined in this section.

Explanation: Punishes waging war, attempting to wage war, or abetting such war against the Government of India with death or life imprisonment and fine. Chapter VI.

Clause: Whoever within or without India conspires to commit any of the offences punishable by section 121, or conspires to overawe, by means of criminal force or the show of criminal force, the Central Government or any State Government, shall be punished with imprisonment for life, or with imprisonment of either description which may extend to ten years, and shall also be liable to fine.

Explanation: To constitute a conspiracy under this section, it is not necessary that any act or illegal omission should take place in pursuance thereof.

Explanation: Punishes conspiracy to wage war or overawe the government with life imprisonment or up to ten years’ imprisonment and fine, without requiring an overt act. Chapter VI.

Clause: Whoever collects men, arms, or ammunition or otherwise prepares to wage war with the intention of either waging such war or being prepared to wage war against the Government of India, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.

Explanation: Punishes collecting resources or preparing to wage war against the Government of India with life imprisonment or up to ten years’ imprisonment and fine. Chapter VI.

Clause: Whoever, by any act, or by any illegal omission, conceals the existence of a design to wage war against the Government of India, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation: Punishes concealing a design to wage war against the Government of India with up to ten years’ imprisonment and fine, if intended to facilitate the war. Chapter VI.

Clause: Whoever, with the intention of inducing or compelling the President of India, or Governor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of such President or Governor, assaults or wrongfully restrains, or attempts so to assault or wrongfully restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such President or Governor, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes assaulting or restraining the President or Governor to influence their lawful powers with up to seven years’ imprisonment and fine. Chapter VI.

Clause: Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

Explanation 1: The expression “disaffection” includes disloyalty and all feelings of enmity.

Explanation 2: Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

Explanation 3: Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

Explanation: Punishes sedition for acts exciting hatred, contempt, or disaffection towards the Government, with life imprisonment or up to three years’ imprisonment and fine, excluding lawful criticism. Chapter VI.

Clause: Whoever wages war against the Government of any Asiatic Power in alliance or at peace with the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine.

Explanation: Punishes waging war, attempting, or abetting war against an Asiatic Power allied with India with life imprisonment or up to seven years’ imprisonment and fine. Chapter VI.

Clause: Whoever commits depredation, or makes preparations to commit depredation, on the territories of any Power in alliance or at peace with the Government of India, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation.

Explanation: Punishes committing or preparing for depredation on territories of a Power at peace with India with up to seven years’ imprisonment, fine, and forfeiture of property. Chapter VI.

Clause: Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 125 and 126, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received.

Explanation: Punishes receiving property taken during war or depredation against allied Powers with up to seven years’ imprisonment, fine, and forfeiture. Chapter VI.

Clause: Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from, or to be rescued from, the place of his confinement, or from the custody of any person legally authorized to have the custody of such prisoner, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation: Punishes public servants who voluntarily allow State prisoners or prisoners of war to escape with life imprisonment or up to ten years’ imprisonment and fine. Chapter VI.

Clause: Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from, or to be rescued from, the place of his confinement, or from the custody of any person legally authorized to have the custody of such prisoner, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine.

Explanation: Punishes public servants who negligently allow State prisoners or prisoners of war to escape with up to three years’ simple imprisonment and fine. Chapter VI.

Clause: Whoever knowingly aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation: Punishes aiding, rescuing, or harboring escaped State prisoners or prisoners of war with life imprisonment or up to ten years’ imprisonment and fine. Chapter VI.

Clause: Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India or attempts to seduce any such officer, soldier, sailor or airman from his allegiance or his duty, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes abetting mutiny or attempting to seduce a member of the armed forces from allegiance or duty with life imprisonment or up to seven years’ imprisonment and fine. Chapter VII.

Clause: Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall, if mutiny be committed in consequence of that abetment, be punished with death or with imprisonment for life, or imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes abetting mutiny, resulting in actual mutiny, with death, life imprisonment, or up to seven years’ imprisonment and fine. Chapter VII.

Clause: Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explanation: Punishes abetting an assault by a member of the armed forces on a superior officer during duty with up to three years’ imprisonment and fine. Chapter VII.

Clause: Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes abetting an assault by a member of the armed forces on a superior officer, if the assault occurs, with up to seven years’ imprisonment and fine. Chapter VII.

Clause: Whoever abets the desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes abetting desertion by a member of the armed forces with up to two years’ imprisonment, fine, or both. Chapter VII.

Clause: Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, has deserted, harbours such officer, soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Exception: This provision does not extend to the case in which the harbour is given by a wife to her husband.

Explanation: Punishes harboring a deserter from the armed forces with up to two years’ imprisonment, fine, or both, except when a wife harbors her husband. Chapter VII.

Clause: The master or person in charge of a merchant vessel, on board of which any deserter from the Army, Navy or Air Force of the Government of India is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding five hundred rupees, if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel.

Explanation: Imposes a fine up to five hundred rupees on a merchant vessel master for negligently allowing a deserter to be concealed on board. Chapter VII.

Clause: Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Explanation: Punishes abetting known insubordination by a member of the armed forces, if committed, with up to six months’ imprisonment, fine, or both. Chapter VII.

Clause: [Repealed by the Criminal Law (Amendment) Act, 1932 (23 of 1932), sec. 2 and Sch.]

Explanation: Section 138A was repealed and is no longer in effect. Chapter VII.

Clause: No person subject to the Army Act, the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957), or the Air Force Act, the Air Force Act, 1950 (45 of 1950), is subject to punishment under this Code for any of the offences defined in this Chapter.

Explanation: Exempts persons subject to specific military Acts from punishment under this Chapter’s offences, as they are governed by military law. Chapter VII.

Clause: Whoever, not being a soldier, sailor or airman in the Military, Naval or Air service of the Government of India, wears any garb or carries any token resembling any garb or token used by such a soldier, sailor or airman, with the intention that it may be believed that he is such a soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

Explanation: Punishes impersonating a member of the armed forces by wearing their garb or carrying their tokens with up to three months’ imprisonment, fine up to five hundred rupees, or both. Chapter VII.

Clause: An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is—

First.—To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; or

Second.—To resist the execution of any law, or of any legal process; or

Third.—To commit any mischief or criminal trespass, or other offence; or

Fourth.—By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or

Fifth.—By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

Explanation: An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.

Explanation: Defines an unlawful assembly as five or more persons with a common object to commit specified illegal acts or use criminal force. Chapter VIII.

Clause: Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly.

Explanation: Establishes that knowingly joining or continuing in an unlawful assembly makes a person a member of it. Chapter VIII.

Clause: Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Explanation: Punishes membership in an unlawful assembly with up to six months’ imprisonment, fine, or both. Chapter VIII.

Clause: Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes membership in an unlawful assembly while armed with a deadly weapon with up to two years’ imprisonment, fine, or both. Chapter VIII.

Clause: Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes joining or continuing in an unlawful assembly after a lawful dispersal order with up to two years’ imprisonment, fine, or both. Chapter VIII.

Clause: Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.

Explanation: Defines rioting as the use of force or violence by an unlawful assembly or its members to achieve the assembly’s common object. Chapter VIII.

Clause: Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes rioting with up to two years’ imprisonment, fine, or both. Chapter VIII.

Clause: Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanation: Punishes rioting while armed with a deadly weapon with up to three years’ imprisonment, fine, or both. Chapter VIII.

Clause: If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.

Explanation: Holds all members of an unlawful assembly liable for offences committed by any member in pursuit of the common object or likely outcomes. Chapter VIII.

Clause: Whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or employment of any person to join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence.

Explanation: Punishes hiring or promoting persons to join an unlawful assembly as if the hirer were a member, liable for offences committed by those hired. Chapter VIII.

Clause: Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Explanation: If the assembly is an unlawful assembly within the meaning of section 141, the offender will be punishable under section 145.

Explanation: Punishes knowingly joining or continuing in an assembly likely to disturb public peace after a dispersal order with up to six months’ imprisonment, fine, or both. Chapter VIII.

Clause: Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanation: Punishes assaulting or obstructing a public servant suppressing a riot or unlawful assembly with up to three years’ imprisonment, fine, or both. Chapter VIII.

Clause: Whoever malignantly, or wantonly, by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Explanation: Punishes wantonly provoking a riot with up to one year’s imprisonment, fine, or both if rioting occurs, or up to six months’ imprisonment, fine, or both if it does not. Chapter VIII.

Clause:

(1) Whoever—

(a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or

(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity, or

(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for such reasons disturbs or is likely to disturb the public tranquillity,

shall be punished with imprisonment which may extend to three years, or with fine, or with both.

Clause (2): Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.

Explanation: Punishes promoting enmity or acts prejudicial to harmony between groups on grounds like religion or race with up to three years’ imprisonment, or five years if in a place of worship, and fine. Chapter VIII.

Clause: Whoever knowingly carries arms in any procession or organizes or holds or takes part in any mass drill or mass training with arms in any public place in contravention of any public notice or order issued or made under section 144A of the Code of Criminal Procedure, 1973 and where such contravention results in disturbance of public tranquillity, shall be punished with imprisonment of either description for a term which may extend to six months and with fine which may extend to two thousand rupees.

Explanation: “Arms” means articles of any description designed or adapted as weapons for offence or defence and includes firearms, sharp edged and other deadly weapons, and parts of, and machinery for manufacturing arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons.

Explanation: Punishes carrying arms or participating in armed mass drills in violation of public orders, causing public disturbance, with up to six months’ imprisonment and fine up to two thousand rupees. Chapter VIII.

Clause:

(1) Whoever, by words either spoken or written or by signs or by visible representations or otherwise,—

(a) makes or publishes any imputation that any class of persons cannot, by reason of their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India, or

(b) asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of their being members of any religious, racial, language or regional group or caste or community, be denied, or deprived of their rights as citizens of India, or

(c) makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, language or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons,

shall be punished with imprisonment which may extend to three years, or with fine, or with both.

Clause (2): Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.

Explanation: Punishes imputations or assertions that undermine national integration or promote disharmony with up to three years’ imprisonment, or five years if in a place of worship, and fine. Chapter VIII.

Clause: Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof to the nearest police station, and do not, in the case of his having reason to believe that it was about to be committed, do what in his power lies to prevent it, and in the case of its taking place, do not use all lawful means in his power to disperse or suppress the riot or unlawful assembly.

Explanation: Fines landowners up to one thousand rupees for failing to report or prevent an unlawful assembly or riot on their land. Chapter VIII.

Clause: Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same.

Explanation: Imposes a fine on persons benefiting from a riot if they fail to prevent it despite knowing it was likely. Chapter VIII.

Clause: Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same.

Explanation: Imposes a fine on agents or managers of landowners benefiting from a riot if they fail to prevent it despite knowing it was likely. Chapter VIII.

Clause: Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons, knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Explanation: Punishes harboring persons hired for an unlawful assembly with up to six months’ imprisonment, fine, or both. Chapter VIII.

Clause: Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both,

and whoever, being so engaged or hired as aforesaid, goes armed, or engages or offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes being hired for an unlawful assembly with up to six months’ imprisonment, fine, or both, or up to two years if armed with a deadly weapon. Chapter VIII.

Clause: When two or more persons, by fighting in a public place, disturb the public peace, they are said to “commit an affray”.

Explanation: Defines an affray as two or more persons fighting in a public place, disturbing public peace. Chapter VIII.

Clause: Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both.

Explanation: Punishes committing an affray with up to one month’s imprisonment, fine up to one hundred rupees, or both. Chapter VIII.

Clause: [Repealed by the Prevention of Corruption Act, 1988 (49 of 1988), sec. 31.]

Explanation: Section 161, which dealt with public servants taking gratification other than legal remuneration, was repealed and replaced by provisions in the Prevention of Corruption Act, 1988. Chapter IX.

Clause: [Repealed by the Prevention of Corruption Act, 1988 (49 of 1988), sec. 31.]

Explanation: Section 162, which addressed taking gratification to influence a public servant, was repealed and replaced by provisions in the Prevention of Corruption Act, 1988. Chapter IX.

Clause: [Repealed by the Prevention of Corruption Act, 1988 (49 of 1988), sec. 31.]

Explanation: Section 163, which dealt with abetment of offences under section 162, was repealed and replaced by provisions in the Prevention of Corruption Act, 1988. Chapter IX.

Clause: [Repealed by the Prevention of Corruption Act, 1988 (49 of 1988), sec. 31.]

Explanation: Section 164, which addressed abetment of offences under section 161, was repealed and replaced by provisions in the Prevention of Corruption Act, 1988. Chapter IX.

Clause: [Repealed by the Prevention of Corruption Act, 1988 (49 of 1988), sec. 31.]

Explanation: Section 165, which dealt with public servants obtaining valuable things without consideration, was repealed and replaced by provisions in the Prevention of Corruption Act, 1988. Chapter IX.

Clause: [Repealed by the Prevention of Corruption Act, 1988 (49 of 1988), sec. 31.]

Explanation: Section 165A, which addressed abetment of offences under sections 161 and 165, was repealed and replaced by provisions in the Prevention of Corruption Act, 1988. Chapter IX.

Clause: Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Illustration:

A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.

Explanation: Punishes public servants for knowingly disobeying legal directions with intent to cause injury, with up to one year’s simple imprisonment, fine, or both. Chapter IX.

Clause: Whoever, being a public servant,—

(a) knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter, or

(b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation, or

(c) fails to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973 (2 of 1974), in relation to cognizable offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 and section 376E [sic] of this Code,

shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine.

Explanation: Punishes public servants for specific disobediences, such as improper investigation or failing to record information on certain offences, with six months to two years’ rigorous imprisonment and fine. Chapter IX.

Clause: Whoever, being in charge of a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person, contravenes the provisions of section 357C of the Code of Criminal Procedure, 1973 (2 of 1974), shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

Explanation: Punishes hospital authorities for failing to treat victims as required under CrPC section 357C with up to one year’s imprisonment, fine, or both. Chapter IX.

Clause: Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanation: Punishes public servants for intentionally framing incorrect documents or electronic records to cause injury, with up to three years’ imprisonment, fine, or both. Chapter IX.

Clause: Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Explanation: Punishes public servants for unlawfully engaging in trade with up to one year’s simple imprisonment, fine, or both. Chapter IX.

Clause: Whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated.

Explanation: Punishes public servants for unlawfully buying or bidding for prohibited property with up to two years’ simple imprisonment, fine, or both, with confiscation of purchased property. Chapter IX.

Clause: Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes impersonating a public servant and acting under that pretense with up to two years’ imprisonment, fine, or both. Chapter IX.

Clause: Whoever, not being a public servant, wears any garb or carries any token resembling any garb or token used by a public servant, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he is a public servant, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both.

Explanation: Punishes wearing a public servant’s garb or token with fraudulent intent to deceive with up to three months’ imprisonment, fine up to two hundred rupees, or both. Chapter IX.

Clause: For the purposes of this Chapter—

(a) “candidate” means a person who has been nominated as a candidate at any election;

(b) “electoral right” means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election.

Explanation: Defines “candidate” as a nominated person and “electoral right” as the right to stand, withdraw, vote, or refrain from voting in an election. Chapter IXA.

Clause: (1) Whoever—

(i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or

(ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right,

commits the offence of bribery:

Provided that a declaration of public policy or a promise of public action shall not be an offence under this section.

(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification.

(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward.

Explanation: Defines bribery as giving or accepting gratification to influence or reward the exercise of electoral rights, with exceptions for public policy declarations. Chapter IXA.

Clause: (1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.

(2) Without prejudice to the generality of the provisions of sub-section (1), whoever—

(a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind; or

(b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will be rendered an object of Divine displeasure or of spiritual censure,

shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1).

(3) A declaration of public policy or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.

Explanation: Defines undue influence as interfering with the free exercise of electoral rights, including threats or inducing divine displeasure, with exceptions for public policy or legal rights. Chapter IXA.

Clause: Whoever at an election applies for a voting paper or votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election:

Provided that nothing in this section shall apply to a person who has been authorised to vote as proxy for an elector under any law for the time being in force in so far as he votes as a proxy for such elector.

Explanation: Defines personation as voting or applying to vote under another’s name, a fictitious name, or voting twice, with exceptions for authorized proxy voting. Chapter IXA.

Clause: Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both:

Provided that bribery by treating shall be punished with fine only.

Explanation: “Treating” means that form of bribery where the gratification consists in food, drink, entertainment, or provision.

Explanation: Punishes bribery with up to one year’s imprisonment, fine, or both; bribery by treating is punishable with fine only. Chapter IXA.

Clause: Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation: Punishes undue influence or personation at an election with up to one year’s imprisonment, fine, or both. Chapter IXA.

Clause: Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine.

Explanation: Punishes making or publishing false statements about a candidate’s character or conduct to affect an election with a fine. Chapter IXA.

Clause: Whoever without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hundred rupees:

Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate.

Explanation: Punishes unauthorized election expenses without a candidate’s written authority with a fine up to five hundred rupees, with an exception for small expenses approved within ten days. Chapter IXA.

Clause: Whoever being required by any law for the time being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with fine which may extend to five hundred rupees.

Explanation: Punishes failure to keep required election expense accounts with a fine up to five hundred rupees. Chapter IXA.

Clause: Whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;

or, if the summons or notice or order is to attend in person or by agent, or to produce a document or an electronic record in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes absconding to avoid service of summons or other legal proceedings with up to one month’s simple imprisonment, fine up to five hundred rupees, or both; or up to six months’ imprisonment, fine up to one thousand rupees, or both for court-related summons. Chapter X.

Clause: Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order,

or intentionally prevents the lawful affixing to any place of any such summons, notice or order,

or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed,

or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made,

shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;

or, if the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document or electronic record in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes preventing service, affixing, or proclamation of legal summons or orders with up to one month’s simple imprisonment, fine up to five hundred rupees, or both; or up to six months’ imprisonment, fine up to one thousand rupees, or both for court-related matters. Chapter X.

Clause: Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order, or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart,

shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;

or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Illustrations:

(a) A, being legally bound to appear before the High Court at Calcutta, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section.

(b) A, being legally bound to appear before a District Judge, as a witness, in obedience to a summons issued by that District Judge intentionally omits to appear. A has committed the offence defined in this section.

Explanation: Punishes intentional non-attendance to a public servant’s summons or order with up to one month’s simple imprisonment, fine up to five hundred rupees, or both; or up to six months’ imprisonment, fine up to one thousand rupees, or both for court-related summons. Chapter X.

Clause: Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 82 of the Code of Criminal Procedure, 1973, shall be punished with imprisonment for a term which may extend to three years or with fine or with both, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.

Explanation: Punishes non-appearance in response to a CrPC section 82 proclamation with up to three years’ imprisonment, fine, or both; or up to seven years’ imprisonment and fine if declared a proclaimed offender. Chapter X.

Clause: Whoever, being legally bound to produce or deliver up any document or electronic record to any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;

or, if the document or electronic record is to be produced or delivered up to a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Illustration:

A, being legally bound to produce a document before a District Court, intentionally omits to produce the same. A has committed the offence defined in this section.

Explanation: Punishes intentional omission to produce a document or electronic record to a public servant with up to one month’s simple imprisonment, fine up to five hundred rupees, or both; or up to six months’ imprisonment, fine up to one thousand rupees, or both for court-related documents. Chapter X.

Clause: Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;

or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both;

or, if the notice or information is required by an order passed under sub-section (1) of section 356 of the Code of Criminal Procedure, 1973 (2 of 1974), with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes intentional omission to give required notice or information to a public servant with up to one month’s simple imprisonment, fine up to five hundred rupees, or both; or up to six months’ imprisonment, fine up to one thousand rupees, or both for offence-related information or CrPC section 356 orders. Chapter X.

Clause: Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both;

or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Illustrations:

(a) A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section.

(b) A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neighbouring place, and being bound under clause 5, section VII, Regulation III, 1821, of the Bengal Code, to give early and punctual information of the above fact to the officer of the nearest police station, wilfully misinforms the police officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in a different direction. Here A is guilty of the offence defined in the latter part of this section.

Explanation: In section 176 and in this section the word “offence” includes any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and the word “offender” includes any person who is alleged to have been guilty of any such act.

Explanation: Punishes furnishing false information to a public servant with up to six months’ simple imprisonment, fine up to one thousand rupees, or both; or up to two years’ imprisonment, fine, or both for offence-related information. Chapter X.

Clause: Whoever refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes refusing to take an oath or affirmation when required by a public servant with up to six months’ simple imprisonment, fine up to one thousand rupees, or both. Chapter X.

Clause: Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes refusing to answer questions from a public servant when legally bound to do so with up to six months’ simple imprisonment, fine up to one thousand rupees, or both. Chapter X.

Clause: Whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

Explanation: Punishes refusing to sign a statement when required by a public servant with up to three months’ simple imprisonment, fine up to five hundred rupees, or both. Chapter X.

Clause: Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorized by law to administer such oath or affirmation, makes, to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explanation: Punishes making a false statement under oath or affirmation to a public servant with up to three years’ imprisonment and fine. Chapter X.

Clause: Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant—

(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

(b) to use the lawful power of such public servant to the injury or annoyance of any person,

shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Illustrations:

(a) A informs a Magistrate that Z, a police officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.

(b) A falsely informs a public servant that Z has contraband salt in a secret place knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section.

(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of this information the police will make enquiries and cause annoyance to the villagers. A has committed an offence under this section.

Explanation: Punishes giving false information to a public servant to cause misuse of their power or injury to another with up to six months’ imprisonment, fine up to one thousand rupees, or both. Chapter X.

Clause: Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes resisting a public servant’s lawful taking of property with up to six months’ imprisonment, fine up to one thousand rupees, or both. Chapter X.

Clause: Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

Explanation: Punishes obstructing a public servant’s lawful property sale with up to one month’s imprisonment, fine up to five hundred rupees, or both. Chapter X.

Clause: Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any property on account of any person, whether himself or any other, whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

Explanation: Punishes illegal purchasing or bidding at a public servant’s property sale with up to one month’s imprisonment, fine up to two hundred rupees, or both. Chapter X.

Clause: Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

Explanation: Punishes voluntarily obstructing a public servant’s duties with up to three months’ imprisonment, fine up to five hundred rupees, or both. Chapter X.

Clause: Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both;

and if such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or of suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Explanation: Punishes intentional omission to assist a public servant when legally bound with up to one month’s simple imprisonment, fine up to two hundred rupees, or both; or up to six months’ imprisonment, fine up to five hundred rupees, or both for court or offence-related assistance. Chapter X.

Clause: Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain action with respect to certain property in his possession or under his management, disobeys such direction,

shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both;

and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.

Illustration:

An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.

Explanation: Punishes disobedience to a public servant’s lawful order with up to one month’s simple imprisonment, fine up to two hundred rupees, or both for causing obstruction or injury; or up to six months’ imprisonment, fine up to one thousand rupees, or both for endangering life or causing riots. Chapter X.

Clause: Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes threatening injury to a public servant or their interests to influence their duties with up to two years’ imprisonment, fine, or both. Chapter X.

Clause: Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation: Punishes threatening injury to prevent someone from seeking a public servant’s protection with up to one year’s imprisonment, fine, or both. Chapter X.

Clause: Whoever, having accepted any conditional remission of punishment, knowingly violates any condition on which such remission was granted, shall be punished with the punishment to which he was originally sentenced, if the unexpired portion of such original sentence has not been remitted, or, with imprisonment of either description for a term which may extend to the unexpired portion of such original sentence, if such unexpired portion has been remitted, or with fine, or with both.

Explanation: Punishes violating conditions of remission with the original sentence’s unexpired term, or imprisonment up to that term if remitted, with fine or both. Chapter XI.

Clause: Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes intentional insult or interruption to a public servant during a judicial proceeding with up to six months’ simple imprisonment, fine up to one thousand rupees, or both. Chapter XI.

Clause: (1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376, section 376A, section 376B, section 376C, section 376D or section 376E is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

(2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is—

(a) by or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or

(b) by, or with the authorisation in writing of, the victim; or

(c) where the victim is dead or a minor or of unsound mind, by, or with the authorisation in writing of, the next of kin of the victim:

Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.

Explanation: For the purposes of this sub-section, “recognised welfare institution or organisation” means a social welfare institution or organisation recognised in this behalf by the Central or State Government.

(3) Whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in sub-section (1) without the previous permission of such court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

Explanation: The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.

Explanation: Punishes disclosing the identity of victims of certain sexual offences with up to two years’ imprisonment and fine, with exceptions for authorized disclosures; also punishes unauthorized publication of court proceedings. Chapter XI.

Clause: Whoever, by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a juryman or assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn, or knowing himself to have been so returned, empanelled or sworn contrary to law, shall voluntarily serve on such jury or as such assessor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes impersonating or unlawfully serving as a juror or assessor with up to two years’ imprisonment, fine, or both. Chapter XI.

Clause: Whoever, having been charged with an offence and released on bail or on bond without sureties, fails without sufficient cause (the burden of proving which shall lie upon him), to appear in Court in accordance with the terms of the bail or bond, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation: The punishment under this section is—

(a) in addition to the punishment to which the offender would be liable on a conviction for the offence with which he has been charged; and

(b) without prejudice to the power of the Court to order forfeiture of the bond.

Explanation: Punishes failure to appear in court after release on bail or bond without sufficient cause with up to one year’s imprisonment, fine, or both, in addition to other penalties and bond forfeiture. Chapter XI.

Clause: Coin is metal used for the time being as money, and stamped and issued by the authority of some State or Sovereign Power in order to be so used.

Indian coin: Indian coin is metal stamped and issued by the authority of the Government of India in order to be used as money; and metal which has been so stamped and issued shall continue to be Indian coin for the purposes of this Chapter, notwithstanding that it may have ceased to be used as money.

Illustrations:

(a) Cowries are not coin.

(b) Lumps of unstamped copper, though used as money, are not coin.

(c) Medals are not coin, inasmuch as they are not intended to be used as money.

(d) The coin denominated as the Company’s rupee is Indian coin.

(e) The “Farukhabad rupee” which was formerly used as money under the authority of the Government of India is Indian coin although it is no longer so used.

Explanation: Defines coin as metal stamped and issued by a state for use as money, and Indian coin as metal stamped by the Government of India, retaining its status even if no longer used as money. Chapter XII.

Clause: Whoever counterfeits or knowingly performs any part of the process of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: A person commits “counterfeiting” who intending to practise deception, or knowing it to be likely that deception will thereby be practised, causes a genuine coin to appear like a different coin.

Explanation: Punishes counterfeiting coin or performing any part of the process with up to seven years’ imprisonment and fine. Chapter XII.

Clause: Whoever counterfeits, or knowingly performs any part of the process of counterfeiting Indian coin, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes counterfeiting Indian coin or performing any part of the process with life imprisonment or up to seven years’ imprisonment and fine. Chapter XII.

Clause: Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explanation: Punishes making, mending, or dealing in instruments for counterfeiting coin with up to three years’ imprisonment and fine. Chapter XII.

Clause: Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for counterfeiting Indian coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes making, mending, or dealing in instruments for counterfeiting Indian coin with up to seven years’ imprisonment and fine. Chapter XII.

Clause: Whoever is in possession of any instrument or material, for the purpose of using the same for counterfeiting coin, or knowing or having reason to believe that the same is intended to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;

and if the coin to be counterfeited is Indian coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes possession of instruments or materials for counterfeiting coin with up to three years’ imprisonment and fine; or up to seven years’ imprisonment and fine for Indian coin. Chapter XII.

Clause: Whoever, being within India, abets the counterfeiting of coin out of India, shall be punished in the same manner as if he abetted the counterfeiting of such coin within India.

Explanation: Punishes abetting the counterfeiting of coin outside India as if the counterfeiting occurred within India. Chapter XII.

Clause: Whoever imports into India, or exports therefrom, any counterfeit coin, knowing or having reason to believe that the same is counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explanation: Punishes importing or exporting counterfeit coin with up to three years’ imprisonment and fine. Chapter XII.

Clause: Whoever imports into India, or exports therefrom, any counterfeit coin, which he knows or has reason to believe to be a counterfeit of Indian coin, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes importing or exporting counterfeit Indian coin with life imprisonment or up to seven years’ imprisonment and fine. Chapter XII.

Clause: Whoever, having any counterfeit coin, which at the time when he became possessed of it he knew to be counterfeit, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

Explanation: Punishes delivering or attempting to deliver known counterfeit coin with fraudulent intent with up to five years’ imprisonment and fine. Chapter XII.

Clause: Whoever, having any counterfeit coin which is a counterfeit of Indian coin, and which, at the time when he became possessed of it, he knew to be a counterfeit of Indian coin, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes delivering or attempting to deliver known counterfeit Indian coin with fraudulent intent with up to seven years’ imprisonment and fine. Chapter XII.

Clause: Whoever delivers to any other person as genuine or attempts to induce any other person to receive as genuine, any counterfeit coin which he knows to be counterfeit, but which he did not know to be counterfeit at the time when he took it into his possession, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin counterfeited, or with both.

Illustration:

A, a coiner, delivers counterfeit Company’s rupees to his accomplice B for the purpose of uttering them. B sells the rupees to C, another utterer, who buys them knowing them to be counterfeit. C pays away the rupees for goods to D, who receives them, not knowing them to be counterfeit. D, after receiving the rupees, discovers that they are counterfeit and pays them away as if they were good. Here D is punishable only under this section, but B and C are punishable under section 239 or 240, as the case may be.

Explanation: Punishes delivering known counterfeit coin as genuine, which was not known to be counterfeit when first possessed, with up to two years’ imprisonment, fine up to ten times the coin’s value, or both. Chapter XII.

Clause: Whoever, fraudulently or with intent that fraud may be committed, is in possession of any counterfeit coin, which he knows to be counterfeit at the time when he became possessed of it, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explanation: Punishes possession of known counterfeit coin with fraudulent intent with up to three years’ imprisonment and fine. Chapter XII.

Clause: Whoever, fraudulently or with intent that fraud may be committed, is in possession of any counterfeit coin which is a counterfeit of Indian coin, and which he knows to be a counterfeit of Indian coin at the time when he became possessed of it, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes possession of known counterfeit Indian coin with fraudulent intent with up to seven years’ imprisonment and fine. Chapter XII.

Clause: Whoever, being employed in any mint lawfully established in India, does any act, or omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of a different weight or composition from the weight or composition fixed by law, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes mint employees for intentionally causing coins to deviate from legal weight or composition with up to seven years’ imprisonment and fine. Chapter XII.

Clause: Whoever, without lawful authority, takes out of any mint, lawfully established in India, any coining tool or instrument, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes unlawfully taking coining tools or instruments from a mint with up to seven years’ imprisonment and fine. Chapter XII.

Clause: Whoever fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explanation: A person who scoops out part of the coin and puts anything else into the cavity alters the composition of that coin.

Explanation: Punishes fraudulently or dishonestly diminishing the weight or altering the composition of a coin with up to three years’ imprisonment and fine. Chapter XII.

Clause: Whoever fraudulently or dishonestly performs on any Indian coin any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes fraudulently or dishonestly diminishing the weight or altering the composition of an Indian coin with up to seven years’ imprisonment and fine. Chapter XII.

Clause: Whoever performs on any coin any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explanation: Punishes altering a coin’s appearance to pass it as a different coin with up to three years’ imprisonment and fine. Chapter XII.

Clause: Whoever performs on any Indian coin any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes altering an Indian coin’s appearance to pass it as a different coin with up to seven years’ imprisonment and fine. Chapter XII.

Clause: Whoever, having any coin in his possession with respect to which an offence defined in section 246 or 248 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

Explanation: Punishes delivering or attempting to deliver an altered coin, known to be altered when possessed, with fraudulent intent with up to five years’ imprisonment and fine. Chapter XII.

Clause: Whoever, having any Indian coin in his possession with respect to which an offence defined in section 247 or 249 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes delivering or attempting to deliver an altered Indian coin, known to be altered when possessed, with fraudulent intent with up to seven years’ imprisonment and fine. Chapter XII.

Clause: Whoever, fraudulently or with intent that fraud may be committed, is in possession of any coin with respect to which an offence defined in either of the section 246 or 248 has been committed, having known at the time of becoming possessed thereof that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explanation: Punishes possession of an altered coin, known to be altered when possessed, with fraudulent intent with up to three years’ imprisonment and fine. Chapter XII.

Clause: Whoever, fraudulently or with intent that fraud may be committed, is in possession of any Indian coin with respect to which an offence defined in either of the section 247 or 249 has been committed, having known at the time of becoming possessed thereof that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

Explanation: Punishes possession of an altered Indian coin, known to be altered when possessed, with fraudulent intent with up to five years’ imprisonment and fine. Chapter XII.

Clause: Whoever delivers to any other person as genuine or as a coin of a different description from what it is, or attempts to induce any person to receive as genuine, or as a different coin from what it is, any coin in respect of which he knows that any such operation as that mentioned in section 246, 247, 248 or 249 has been performed, but in respect of which he did not, at the time when he took it into his possession, know that such operation had been performed, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin for which the altered coin is passed, or attempted to be passed.

Explanation: Punishes delivering an altered coin as genuine, not known to be altered when first possessed, with up to two years’ imprisonment or fine up to ten times the coin’s value. Chapter XII.

Clause: Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: A person commits “counterfeiting” who intending to practise deception, or knowing it to be likely that deception will thereby be practised, causes a genuine stamp to appear like a different stamp.

Explanation: Punishes counterfeiting or performing any part of the process of counterfeiting a government revenue stamp with life imprisonment or up to seven years’ imprisonment and fine. Chapter XII.

Clause: Whoever has in his possession any instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes possession of instruments or materials for counterfeiting government revenue stamps with up to seven years’ imprisonment and fine. Chapter XII.

Clause: Whoever makes or performs any part of the process of making, or buys, or sells, or disposes of, any instrument for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes making, selling, or dealing in instruments for counterfeiting government revenue stamps with up to seven years’ imprisonment and fine. Chapter XII.

Clause: Whoever sells, or offers for sale, any stamp which he knows or has reason to believe to be a counterfeit of any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes selling or offering for sale counterfeit government revenue stamps with up to seven years’ imprisonment and fine. Chapter XII.

Clause: Whoever has in his possession any stamp which he knows to be a counterfeit of any stamp issued by Government for the purpose of revenue, intending to use, or dispose of the same as a genuine stamp, or in order that it may be used as a genuine stamp, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes possession of counterfeit government revenue stamps with intent to use or dispose of them as genuine with up to seven years’ imprisonment and fine. Chapter XII.

Clause: Whoever uses as genuine any stamp, knowing it to be a counterfeit of any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Explanation: Punishes using a known counterfeit government revenue stamp as genuine with up to seven years’ imprisonment, fine, or both. Chapter XII.

Clause: Whoever, fraudulently or with intent to cause loss to the Government, removes or effaces from any substance bearing any stamp issued by Government for the purpose of revenue, any writing or document for which such stamp has been used, or removes from any writing or document a stamp which has been used for such writing or document, in order that such stamp may be used for a different writing or document, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanation: Punishes fraudulently effacing writing or removing a used government revenue stamp to cause loss to the government with up to three years’ imprisonment, fine, or both. Chapter XII.

Clause: Whoever, fraudulently or with intent to cause loss to the Government, uses for any purpose a stamp issued by Government for the purpose of revenue, which he knows to have been before used, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes fraudulently using a previously used government revenue stamp with up to two years’ imprisonment, fine, or both. Chapter XII.

Clause: Whoever, fraudulently or with intent to cause loss to Government, erases or removes from a stamp issued by Government for the purpose of revenue, any mark, put or impressed upon such stamp for the purpose of denoting that the same has been used, or uses any stamp from which such mark has been erased or removed, or sells or disposes of any such stamp, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanation: Punishes fraudulently erasing marks on a used government revenue stamp, or using or selling such a stamp, with up to three years’ imprisonment, fine, or both. Chapter XII.

Clause: (1) Whoever—

(a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any postal purpose any fictitious stamp, or

(b) has in his possession, without lawful excuse, any fictitious stamp, or

(c) makes or, without lawful excuse, has in his possession any die, plate, instrument or materials for making any fictitious stamp,

shall be punished with fine which may extend to two hundred rupees.

(2) Any such stamp, die, plate, instrument or materials in the possession of any person for making any fictitious stamp may be seized and, if seized, shall be forfeited.

(3) In this section “fictitious stamp” means any stamp falsely purporting to be issued by Government for the purpose of denoting a rate of postage, or any facsimile or imitation or representation, whether on paper or otherwise, of any stamp issued by Government for that purpose.

(4) In this section and also in sections 255 to 263, both inclusive, the word “Government”, when used in connection with, or in reference to, any stamp issued for the purpose of denoting a rate of postage, shall, notwithstanding anything in section 17, be deemed to include the person or persons authorised by law to administer executive Government in any part of India, and also in any part of Her Majesty’s dominions or in any foreign country.

Explanation: Punishes making, using, possessing, or dealing in fictitious postage stamps with a fine up to two hundred rupees, with provisions for seizure and forfeiture. Chapter XII.

Clause: Whoever fraudulently uses any instrument for weighing which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation: Punishes fraudulent use of a known false weighing instrument with up to one year’s imprisonment, fine, or both. Chapter XIII.

Clause: Whoever fraudulently uses any false weight or false measure of length or capacity, or fraudulently uses any weight or any measure of length or capacity as a different weight or measure from what it is, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation: Punishes fraudulent use of false weights or measures, or using them as different from what they are, with up to one year’s imprisonment, fine, or both. Chapter XIII.

Clause: Whoever is in possession of any instrument for weighing, or of any weight, or of any measure of length or capacity, which he knows to be false, and intending that the same may be fraudulently used, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation: Punishes possession of known false weighing instruments, weights, or measures with intent for fraudulent use with up to one year’s imprisonment, fine, or both. Chapter XIII.

Clause: Whoever makes, sells or disposes of any instrument for weighing, or any weight, or any measure of length or capacity which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation: Punishes making, selling, or disposing of known false weighing instruments, weights, or measures for use as true with up to one year’s imprisonment, fine, or both. Chapter XIII.

Clause: A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.

Explanation: A common nuisance is not excused on the ground that it causes some convenience or advantage.

Explanation: Defines public nuisance as acts or omissions causing common injury, danger, or annoyance to the public or those using public rights. Chapter XIV.

Clause: Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Explanation: Punishes negligent acts likely to spread life-threatening diseases with up to six months’ imprisonment, fine, or both. Chapter XIV.

Clause: Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes malignant acts likely to spread life-threatening diseases with up to two years’ imprisonment, fine, or both. Chapter XIV.

Clause: Whoever knowingly disobeys any rule made and promulgated by the Government for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, or for regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Explanation: Punishes knowing disobedience to government quarantine rules with up to six months’ imprisonment, fine, or both. Chapter XIV.

Clause: Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes adulterating food or drink intended for sale to make it noxious with up to six months’ imprisonment, fine up to one thousand rupees, or both. Chapter XIV.

Clause: Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes selling or offering noxious or unfit food or drink with up to six months’ imprisonment, fine up to one thousand rupees, or both. Chapter XIV.

Clause: Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purpose, as if it had not undergone such adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes adulterating drugs to lessen efficacy, change operation, or make them noxious with up to six months’ imprisonment, fine up to one thousand rupees, or both. Chapter XIV.

Clause: Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes selling or issuing adulterated drugs known to be less effective, altered, or noxious with up to six months’ imprisonment, fine up to one thousand rupees, or both. Chapter XIV.

Clause: Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes selling or issuing a drug as a different drug or preparation with up to six months’ imprisonment, fine up to one thousand rupees, or both. Chapter XIV.

Clause: Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

Explanation: Punishes voluntarily fouling water of a public spring or reservoir with up to three months’ imprisonment, fine up to five hundred rupees, or both. Chapter XIV.

Clause: Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees.

Explanation: Punishes voluntarily making the atmosphere noxious to health with a fine up to five hundred rupees. Chapter XIV.

Clause: Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes rash or negligent driving or riding on a public way endangering life or causing hurt with up to six months’ imprisonment, fine up to one thousand rupees, or both. Chapter XIV.

Clause: Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes rash or negligent navigation of a vessel endangering life or causing hurt with up to six months’ imprisonment, fine up to one thousand rupees, or both. Chapter XIV.

Clause: Whoever exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Explanation: Punishes exhibiting false navigational lights, marks, or buoys to mislead navigators with up to seven years’ imprisonment, fine, or both. Chapter XIV.

Clause: Whoever knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that vessel is in such a state or so loaded as to endanger the life of that person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes conveying persons for hire in unsafe or overloaded vessels with up to six months’ imprisonment, fine up to one thousand rupees, or both. Chapter XIV.

Clause: Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to two hundred rupees.

Explanation: Punishes causing danger, obstruction, or injury in public ways or navigation lines by act or omission with a fine up to two hundred rupees. Chapter XIV.

Clause: Whoever does, with any poison or any dangerous substance, any act in a manner so rash or negligent as to endanger human safety, or to be likely to cause hurt or injury to any person, or knowingly or negligently omits to take such order with any poison or dangerous substance in his possession as is sufficient to guard against any probable danger to human safety from such poison or dangerous substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes rash or negligent handling of poison or dangerous substances endangering safety with up to six months’ imprisonment, fine up to one thousand rupees, or both. Chapter XIV.

Clause: Whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes rash or negligent handling of fire or combustible matter endangering life with up to six months’ imprisonment, fine up to one thousand rupees, or both. Chapter XIV.

Clause: Whoever does, with any explosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes rash or negligent handling of explosive substances endangering life with up to six months’ imprisonment, fine up to one thousand rupees, or both. Chapter XIV.

Clause: Whoever does, with any machinery, any act so rashly or negligently as to endanger human life or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes rash or negligent handling of machinery endangering life with up to six months’ imprisonment, fine up to one thousand rupees, or both. Chapter XIV.

Clause: Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes negligent pulling down or repairing of buildings without precautions against danger to life with up to six months’ imprisonment, fine up to one thousand rupees, or both. Chapter XIV.

Clause: Whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes negligent handling of animals without precautions against danger to life or grievous hurt with up to six months’ imprisonment, fine up to one thousand rupees, or both. Chapter XIV.

Clause: Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to two hundred rupees.

Explanation: Punishes public nuisances not covered by other provisions with a fine up to two hundred rupees. Chapter XIV.

Clause: Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.

Explanation: Punishes continuing a public nuisance after an injunction to stop with up to six months’ simple imprisonment, fine, or both. Chapter XIV.

Clause: (1) For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.

(2) Whoever—

(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or

(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or

(c) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or

(d) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or

(e) offers or attempts to do any act which is an offence under this section,

shall be punished on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees.

Exception: This section does not extend to—

(a) any book, pamphlet, paper, writing, drawing, painting, representation or figure—

(i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern, or

(ii) which is kept or used bona fide for religious purposes;

(b) any representation sculptured, engraved, painted or otherwise represented on or in—

(i) any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or

(ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.

Explanation: Punishes dealing in obscene materials with up to two years’ imprisonment and fine up to two thousand rupees for first conviction, and up to five years and five thousand rupees for subsequent convictions, with exceptions for justified publications or religious purposes. Chapter XIV.

Clause: Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to seven years, and also with fine which may extend to five thousand rupees.

Explanation: Punishes selling or circulating obscene objects to persons under twenty with up to three years’ imprisonment and fine up to two thousand rupees for first conviction, and up to seven years and five thousand rupees for subsequent convictions. Chapter XIV.

Clause: Whoever, to the annoyance of others—

(a) does any obscene act in any public place, or

(b) sings, recites or utters any obscene song, ballad or words, in or near any public place,

shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.

Explanation: Punishes obscene acts or songs in public places causing annoyance with up to three months’ imprisonment, fine, or both. Chapter XIV.

Clause: Whoever keeps any office or place for the purpose of drawing any lottery not being a State lottery or a lottery authorised by the State Government, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Clause: And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to one thousand rupees.

Explanation: Punishes keeping an unauthorized lottery office with up to six months’ imprisonment, fine, or both, and publishing unauthorized lottery proposals with a fine up to one thousand rupees. Chapter XIV.

Clause: Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes destroying, damaging, or defiling a place of worship or sacred object with intent to insult a religion with up to two years’ imprisonment, fine, or both. Chapter XV.

Clause: Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanation: Punishes deliberate and malicious acts to outrage religious feelings by insulting a religion with up to three years’ imprisonment, fine, or both. Chapter XV.

Clause: Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation: Punishes voluntarily disturbing a religious assembly or ceremony with up to one year’s imprisonment, fine, or both. Chapter XV.

Clause: Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulture, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation: Punishes trespassing on burial places, places of worship, or funeral sites, or offering indignity to corpses with intent to wound feelings or insult religion with up to one year’s imprisonment, fine, or both. Chapter XV.

Clause: Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation: Punishes deliberately uttering words, making sounds, gestures, or placing objects to wound religious feelings with up to one year’s imprisonment, fine, or both. Chapter XV.

Clause: Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.

Illustrations:

(a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.

(b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.

(c) A, by shooting at a fowl with intent to kill and steal it, kills B who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death.

Explanation 1: A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death.

Explanation 2: Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented.

Explanation 3: The causing of the death of a child in the mother’s womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born.

Explanation: Defines culpable homicide as causing death with intent to cause death, intent to cause likely fatal injury, or knowledge that the act is likely to cause death. Chapter XVI.

Clause: Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or—

(Secondly)—If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or—

(Thirdly)—If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or—

(Fourthly)—If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.

Illustrations:

(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.

(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health.

(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here, A is guilty of murder, although he may not have intended to cause Z’s death.

(d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual.

Exception 1: When culpable homicide is not murder.—Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.

The above exception is subject to the following provisos:—

First.—That the provocation is not sought or voluntarily caused by the offender as an excuse for killing or doing harm to any person.

Secondly.—That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant.

Thirdly.—That the provocation is not given by anything done in the lawful exercise of the right of private defence.

Explanation: Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.

Illustrations:

(a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Z’s child. This is murder, inasmuch as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation.

(b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide.

(c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, inasmuch as the provocation was given by a thing done by a public servant in the exercise of his powers.

(d) A appears as a witness to depose against Z, a prisoner. Z, in consequence, gives grave and sudden provocation to A. A, on this provocation, kills Z. This is murder, because the provocation was given by a thing done in the exercise of the right of private defence against A.

Exception 2: Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence.

Illustration:

Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but culpable homicide.

Exception 3: Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused.

Exception 4: Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner.

Explanation: It is immaterial in such cases which party offers the provocation or commits the first assault.

Exception 5: Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.

Illustration:

A, by instigation, voluntarily causes Z, a person under eighteen years of age to commit suicide. Here, on account of Z’s youth, he was incapable of giving consent to his own death; A, therefore, is guilty of murder; but if Z had been above eighteen, A would have been guilty only of culpable homicide.

Explanation: Defines murder as culpable homicide with specific intents or knowledge, with exceptions for provocation, private defence, public servant duties, sudden fights, and consent. Chapter XVI.

Clause: If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.

Explanation: Extends culpable homicide liability to unintended victims if the act was intended or known to likely cause death. Chapter XVI.

Clause: Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.

Explanation: Punishes murder with death, life imprisonment, and fine. Chapter XVI.

Clause: Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death.

Explanation: Punishes murder by a life convict with death. Chapter XVI.

Clause: Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to seven years, or with fine, or with both, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death;

or with imprisonment of either description for a term which may extend to seven years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.

Explanation: Punishes culpable homicide not amounting to murder with life imprisonment, up to seven years’ imprisonment, fine, or both if intentional; or up to seven years’ imprisonment, fine, or both if with knowledge but no intent. Chapter XVI.

Clause: Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes causing death by rash or negligent act not amounting to culpable homicide with up to two years’ imprisonment, fine, or both. Chapter XVI.

Clause: (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.

Explanation: For the purpose of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).

(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.

Explanation: Defines dowry death as a woman’s death due to cruelty or harassment for dowry within seven years of marriage, punishable with seven years to life imprisonment. Chapter XVI.

Clause: If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine.

Explanation: Punishes abetting the suicide of a child, insane, delirious, idiot, or intoxicated person with death, life imprisonment, or up to ten years’ imprisonment and fine. Chapter XVI.

Clause: If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes abetting suicide with up to seven years’ imprisonment and fine. Chapter XVI.

Clause: Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.

Attempts by life convicts: When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.

Illustrations:

(a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued, A would be guilty of murder. A is liable to punishment under this section.

(b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensue.

(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section, and if by such firing he wounds Z, he is liable to the punishment hereinbefore provided for the case when hurt is caused.

(d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined in this section. A places such food on Z’s table or delivers it to Z’s servants to place it on Z’s table. A has committed the offence defined in this section.

Explanation: Punishes attempting murder with up to seven years’ imprisonment and fine, or life imprisonment if hurt is caused; life convicts causing hurt may face death. Chapter XVI.

Clause: Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Illustration:

A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section.

Explanation: Punishes attempting culpable homicide not amounting to murder with up to three years’ imprisonment, fine, or both; or up to seven years if hurt is caused. Chapter XVI.

Clause: Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Explanation: Punishes attempting suicide with up to one year’s simple imprisonment, fine, or both. Chapter XVI.

Clause: Whoever, at any time after the passing of this Act, shall have been habitually associated with any other or others for the purpose of committing robbery or child-stealing by means of or accompanied with murder, is a thug.

Explanation: Defines a thug as someone habitually associated with others for robbery or child-stealing involving murder. Chapter XVI.

Clause: Whoever is a thug, shall be punished with imprisonment for life, and shall also be liable to fine.

Explanation: Punishes being a thug with life imprisonment and fine. Chapter XVI.

Clause: Whoever voluntarily causes a woman with child to miscarry, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: A woman who causes herself to miscarry, is within the meaning of this section.

Explanation: Punishes causing miscarriage without good faith to save the woman’s life with up to three years’ imprisonment, fine, or both; or up to seven years and fine if the woman is quick with child. Chapter XVI.

Clause: Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes causing miscarriage without the woman’s consent with life imprisonment or up to seven years’ imprisonment and fine. Chapter XVI.

Clause: Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

and if the act is done without the consent of the woman, shall be punished either with imprisonment for life, or with the punishment above mentioned.

Explanation: It is not essential to this offence that the offender should know that the act is likely to cause death.

Explanation: Punishes causing a woman’s death while intending miscarriage with up to seven years’ imprisonment and fine; or life imprisonment if without consent. Chapter XVI.

Clause: Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Explanation: Punishes acts to prevent a child from being born alive or causing its death after birth, without good faith to save the mother, with up to seven years’ imprisonment, fine, or both. Chapter XVI.

Clause: Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Illustration:

A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section.

Explanation: Punishes causing the death of a quick unborn child by an act that would be culpable homicide if it caused the mother’s death with up to seven years’ imprisonment and fine. Chapter XVI.

Clause: Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Explanation: This section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child die in consequence of the exposure.

Explanation: Punishes parents or caretakers abandoning a child under twelve with up to seven years’ imprisonment, fine, or both; does not preclude murder or culpable homicide charges if the child dies. Chapter XVI.

Clause: Whoever, by secretly burying or otherwise disposing of the dead body of a child whether such child die before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes concealing a child’s birth by secretly disposing of its dead body with up to two years’ imprisonment, fine, or both. Chapter XVI.

Clause: Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

Explanation: Defines hurt as causing bodily pain, disease, or infirmity. Chapter XVI.

Clause: The following kinds of hurt only are designated as “grievous”:—

First.—Emasculation.

Secondly.—Permanent privation of the sight of either eye.

Thirdly.—Permanent privation of the hearing of either ear.

Fourthly.—Privation of any member or joint.

Fifthly.—Destruction or permanent impairing of the powers of any member or joint.

Sixthly.—Permanent disfiguration of the head or face.

Seventhly.—Fracture or dislocation of a bone or tooth.

Eighthly.—Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

Explanation: Defines grievous hurt as specific severe injuries, including emasculation, loss of sight or hearing, limb or joint damage, disfiguration, fractures, or life-endangering pain or disability lasting twenty days. Chapter XVI.

Clause: Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”.

Explanation: Defines voluntarily causing hurt as intentionally or knowingly causing bodily pain, disease, or infirmity. Chapter XVI.

Clause: Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt”.

Explanation: A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.

Illustration:

A, intending or knowing himself to be likely permanently to disfigure Z’s face, gives Z a blow which does not permanently disfigure Z’s face, but which causes Z to suffer severe bodily pain for the space of twenty days. A has voluntarily caused grievous hurt.

Explanation: Defines voluntarily causing grievous hurt as intentionally or knowingly causing severe injuries as specified in Section 320. Chapter XVI.

Clause: Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes voluntarily causing hurt with up to one year’s imprisonment, fine up to one thousand rupees, or both, except as provided in Section 334. Chapter XVI.

Clause: Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanation: Punishes voluntarily causing hurt with dangerous weapons or means with up to three years’ imprisonment, fine, or both, except as provided in Section 334. Chapter XVI.

Clause: Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes voluntarily causing grievous hurt with up to seven years’ imprisonment and fine, except as provided in Section 335. Chapter XVI.

Clause: Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes voluntarily causing grievous hurt with dangerous weapons or means with life imprisonment or up to seven years’ imprisonment and fine, except as provided in Section 335. Chapter XVI.

Clause: Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes voluntarily causing hurt to extort property or constrain illegal acts with up to seven years’ imprisonment and fine. Chapter XVI.

Clause: Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes causing hurt by poison or stupefying substances to commit an offence with up to seven years’ imprisonment and fine. Chapter XVI.

Clause: Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything that is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes voluntarily causing grievous hurt to extort property or constrain illegal acts with life imprisonment or up to seven years’ imprisonment and fine. Chapter XVI.

Clause: Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Illustrations:

(a) A, a police-officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section.

(b) A, a police-officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section.

(c) A, a landlord, tortures a tenant in order to compel him to pay his rent. A is guilty of an offence under this section.

Explanation: Punishes voluntarily causing hurt to extort confessions or compel property restoration with up to seven years’ imprisonment and fine. Chapter XVI.

Clause: Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes voluntarily causing grievous hurt to extort confessions or compel property restoration with up to seven years’ imprisonment and fine. Chapter XVI.

Clause: Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanation: Punishes voluntarily causing hurt to deter a public servant from duty with up to three years’ imprisonment, fine, or both. Chapter XVI.

Clause: Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes voluntarily causing grievous hurt to deter a public servant from duty with up to seven years’ imprisonment and fine. Chapter XVI.

Clause: Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

Explanation: Punishes voluntarily causing hurt on grave and sudden provocation with up to one month’s imprisonment, fine up to five hundred rupees, or both, if not intended for others. Chapter XVI.

Clause: Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to four years, or with fine which may extend to two thousand rupees, or with both.

Explanation: The last two sections are subject to the same provisos as Exception 1, section 300.

Explanation: Punishes voluntarily causing grievous hurt on grave and sudden provocation with up to four years’ imprisonment, fine up to two thousand rupees, or both, if not intended for others. Chapter XVI.

Clause: Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both.

Explanation: Punishes rash or negligent acts endangering life or safety with up to three months’ imprisonment, fine up to two hundred and fifty rupees, or both. Chapter XVI.

Clause: Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Explanation: Punishes causing hurt by rash or negligent acts endangering life or safety with up to six months’ imprisonment, fine up to five hundred rupees, or both. Chapter XVI.

Clause: Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes causing grievous hurt by rash or negligent acts endangering life or safety with up to two years’ imprisonment, fine up to one thousand rupees, or both. Chapter XVI.

Clause: Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.

Exception: The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.

Illustration:

A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.

Explanation: Defines wrongful restraint as voluntarily obstructing a person’s lawful movement, with an exception for good faith obstruction of private ways. Chapter XVI.

Clause: Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said “wrongfully to confine” that person.

Illustrations:

(a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z.

(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.

Explanation: Defines wrongful confinement as wrongfully restraining a person to prevent movement beyond specific limits. Chapter XVI.

Clause: Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.

Explanation 1: A thing so long as it is attached to the earth, not being moveable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.

Explanation 2: A moving effected by the same act which effects the severance may be a theft.

Explanation 3: A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it.

Explanation 4: A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.

Explanation 5: The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied.

Illustrations:

(a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s possession without Z’s consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft.

(b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A’s intention is dishonestly to take the dog out of Z’s possession without Z’s consent, A has committed theft as soon as Z’s dog has begun to follow A.

(c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure.

(d) A, being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly runs away with the plate, without Z’s consent. A has committed theft.

(e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not therefore be taken out of Z’s possession, and A has not committed theft, though he may have committed criminal breach of trust.

(f) A finds a ring belonging to Z on a table in Z’s house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft.

(g) A finds a ring lying on the highroad, not in the possession of any person. A, by taking it, commits no theft, though he may commit criminal misappropriation of property.

(h) A sees a ring belonging to Z lying on a table in Z’s house. A dishonestly removes the ring. Here A commits theft.

(i) A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop. A, not owing to the jeweller any debt for which the jeweller might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z’s hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, in as much as what he did was not done dishonestly.

(j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, in as much as he takes it dishonestly.

(k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property in as much as he takes it dishonestly.

(l) A takes an article belonging to Z out of Z’s possession without Z’s consent, with the intention of keeping it until he obtains money from Z for its restoration. A commits theft.

Explanation: Defines theft as dishonestly moving moveable property from a person’s possession without consent, with explanations and illustrations clarifying scope and intent. Chapter XVII.

Clause: Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Explanation: Punishes theft with up to seven years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes theft in a dwelling house, tent, or vessel used for dwelling or property custody with up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes theft by a clerk or servant of property in their master’s possession with up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft, or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Illustrations:

(a) A commits theft on property in Z’s possession; and, while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section.

(b) A picks Z’s pocket, having posted several persons to cause hurt to Z if Z should perceive the theft and should resist, or to restrain Z if he should attempt to follow A. A has committed the offence defined in this section.

Explanation: Punishes theft with preparations for causing death, hurt, or restraint with rigorous imprisonment up to seven years and fine. Chapter XVII.

Clause: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, is said to commit “extortion”.

Illustrations:

(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion.

(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion.

(c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B. Z signs and delivers the bond. A has committed extortion.

(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security, A has committed extortion.

Explanation: Defines extortion as dishonestly inducing delivery of property or valuable security by putting a person in fear of injury. Chapter XVII.

Clause: Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Explanation: Punishes extortion with up to seven years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes putting or attempting to put a person in fear of injury to commit extortion with up to two years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes extortion by inducing fear of death or grievous hurt with up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes putting or attempting to put a person in fear of death or grievous hurt to commit extortion with up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and, if the offence be one punishable under section 377 of this Code, may be punished with imprisonment for life.

Explanation: Punishes extortion by threatening accusation of serious offences with up to seven years’ imprisonment and fine, or life imprisonment if related to section 377. Chapter XVII.

Clause: Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and, if the offence be punishable under section 377 of this Code, may be punished with imprisonment for life.

Explanation: Punishes putting or attempting to put a person in fear of accusation of serious offences to commit extortion with up to seven years’ imprisonment and fine, or life imprisonment if related to section 377. Chapter XVII.

Clause: In all robbery there is either theft or extortion.

Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.

Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.

Explanation: The offender is said to be present if he is sufficiently near to put the person so put in fear of instant death, of instant hurt, or of instant wrongful restraint.

Illustrations:

(a) A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, without Z’s consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.

(b) A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery.

(c) A meets Z and Z’s child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z.

(d) A obtains property from Z by saying—“Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees”. This is extortion, and punishable as such: but it is not robbery, unless Z is put in fear of the instant death of his child.

Explanation: Defines robbery as theft or extortion involving voluntary causation of death, hurt, wrongful restraint, or fear thereof. Chapter XVII.

Clause: When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit “dacoity”.

Explanation: Defines dacoity as robbery committed or attempted by five or more persons conjointly. Chapter XVII.

Clause: Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.

Explanation: Punishes robbery with rigorous imprisonment up to seven years and fine, or up to fourteen years if committed on a highway at night. Chapter XVII.

Clause: Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes attempt to commit robbery with rigorous imprisonment up to seven years and fine. Chapter XVII.

Clause: If any person, in committing or attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes voluntarily causing hurt during robbery or its attempt with life imprisonment or rigorous imprisonment up to seven years and fine. Chapter XVII.

Clause: Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes dacoity with life imprisonment or rigorous imprisonment up to seven years and fine. Chapter XVII.

Clause: If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes dacoity involving murder with death, life imprisonment, or rigorous imprisonment up to seven years and fine for all participants. Chapter XVII.

Clause: If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.

Explanation: Mandates at least seven years’ imprisonment for robbery or dacoity involving deadly weapons, grievous hurt, or attempts to cause death or grievous hurt. Chapter XVII.

Clause: If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.

Explanation: Mandates at least seven years’ imprisonment for attempting robbery or dacoity while armed with a deadly weapon. Chapter XVII.

Clause: Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes preparation for dacoity with rigorous imprisonment up to seven years and fine. Chapter XVII.

Clause: Whoever, at any time after the passing of this Act, shall belong to a gang of persons associated for the purpose of habitually committing dacoity, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes belonging to a gang habitually committing dacoity with life imprisonment or rigorous imprisonment up to seven years and fine. Chapter XVII.

Clause: Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being a gang of dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes belonging to a gang habitually committing theft or robbery with rigorous imprisonment up to seven years and fine. Chapter XVII.

Clause: Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes assembling with five or more persons to commit dacoity with rigorous imprisonment up to seven years and fine. Chapter XVII.

Clause: Whoever dishonestly misappropriates or converts to his own use any moveable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Illustrations:

(a) A takes property belonging to Z out of Z’s possession, in good faith believing, at the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.

(b) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express consent. Here, if A was under the impression that he had Z’s implied consent to take the book for the purpose of reading it, A has not committed theft. But, if A afterwards sells the book for his own benefit, he is guilty of an offence under this section.

(c) A and Z, being friends, go to a shop together. Z treats A to a bottle of wine. The shop-keeper, by mistake, hands over to A some money as change which belongs to Z. A keeps the money, knowing it to belong to Z. A is guilty of an offence under this section.

Explanation: Punishes dishonest misappropriation or conversion of moveable property with up to two years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that person’s decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offender at the time of such person’s decease was employed by him as a clerk or servant, the imprisonment may extend to seven years.

Illustration:

Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section.

Explanation: Punishes dishonest misappropriation of a deceased person’s property with up to three years’ imprisonment and fine, or up to seven years if the offender was a clerk or servant. Chapter XVII.

Clause: Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”.

Explanation 1: A person, being an employer, who dishonestly keeps back or otherwise misappropriates any portion of the wages or other payment due to an employee for services rendered, commits criminal breach of trust.

Explanation 2: A person, being an employer, who dishonestly misappropriates or converts to his own use any contribution, or any part thereof, made by an employee towards any provident fund, gratuity, pension fund, or other fund for the welfare of employees, commits criminal breach of trust.

Illustrations:

(a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriates them to his own use. A has committed criminal breach of trust.

(b) A is a warehouse-keeper. Z, going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse-room. A dishonestly sells the goods. A has committed criminal breach of trust.

(c) A, residing in Calcutta, is agent for Z, residing at Delhi. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z’s direction. Z remits a lakh of rupees to A, with directions to A to invest the same in Company’s paper. A dishonestly disobeys the directions and employs the money in his own business. A has committed criminal breach of trust.

(d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z’s advantage to hold shares in the Bank of Bengal, disobeys Z’s directions, and buys shares in the Bank of Bengal for Z, instead of buying Company’s paper, here, though Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust.

(e) A, a revenue-officer, is entrusted with public money, and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust.

(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust.

Explanation: Defines criminal breach of trust as dishonest misappropriation or misuse of entrusted property, with up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes criminal breach of trust with up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes criminal breach of trust by a carrier, wharfinger, or warehouse-keeper with up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Whoever, being a clerk or servant, or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes criminal breach of trust by a clerk or servant with up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes criminal breach of trust by a public servant, banker, merchant, or agent with life imprisonment or up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as “stolen property”, whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without India. But, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.

Explanation: Defines stolen property as property transferred by theft, extortion, robbery, criminal misappropriation, or breach of trust, ceasing to be stolen once possessed by the rightful owner. Chapter XVII.

Clause: Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Explanation: Punishes dishonestly receiving or retaining stolen property with up to seven years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes dishonestly receiving property stolen in dacoity with life imprisonment or rigorous imprisonment up to seven years and fine. Chapter XVII.

Clause: Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes habitual dealing in stolen property with life imprisonment or up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Explanation: Punishes assisting in concealing stolen property with up to seven years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.

Explanation: A dishonest concealment of facts is a deception within the meaning of this section.

Illustrations:

(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats.

(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.

(c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing that the article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats.

(d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.

(e) A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.

(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats.

(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver, and afterwards breaks his contract and does not deliver, he does not cheat, but is liable only to a civil action for breach of contract.

(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.

(i) A sells a horse to Z, knowing that the horse is unsound. A says nothing to Z about the horse’s unsoundness. This is not cheating, unless A, by some device, prevents Z from discovering the unsoundness, or unless A knows that Z is acting under a misconception about the horse’s soundness, and A does nothing to correct that misconception, and thereby induces Z to buy the horse. Here A cheats.

Explanation: Defines cheating as fraudulently or dishonestly inducing a deceived person to deliver property or act in a harmful way through deception. Chapter XVII.

Clause: A person is said to “cheat by personation” if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.

Explanation: The offence is committed whether the individual personated is a real or imaginary person.

Illustrations:

(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.

(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.

Explanation: Defines cheating by personation as cheating by pretending to be or representing another person, real or imaginary. Chapter XVII.

Clause: Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation: Punishes cheating with up to one year’s imprisonment, fine, or both. Chapter XVII.

Clause: Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanation: Punishes cheating causing wrongful loss to a person the offender is bound to protect with up to three years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanation: Punishes cheating by personation with up to three years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes cheating inducing delivery of property or alteration of valuable security with up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes fraudulent removal or concealment of property to prevent creditor distribution with up to two years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes fraudulently preventing a debt from being available for creditors with up to two years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes fraudulent execution of a deed with false consideration or beneficiary statements with up to two years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes fraudulent concealment or removal of property or release of claims with up to two years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.

Explanation 1: It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not.

Explanation 2: Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly.

Illustrations:

(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief.

(b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief.

(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief.

(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief.

(e) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief.

(f) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z’s crop. A has committed mischief.

Explanation: Defines mischief as intentionally or knowingly causing wrongful loss or damage by destroying or diminishing the value of property. Chapter XVII.

Clause: Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.

Explanation: Punishes mischief with up to three months’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes mischief causing damage of fifty rupees or more with up to two years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes mischief by harming animals worth ten rupees or more with up to two years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

Explanation: Punishes mischief by harming specified animals or those worth fifty rupees or more with up to five years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for any purpose of human consumption, or for the use of any animals, or for any other purpose beneficial to the community, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

Explanation: Punishes mischief by damaging irrigation works or diverting water with up to five years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever commits mischief by doing any act which renders, or which he knows to be likely to render, any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

Explanation: Punishes mischief by damaging public roads, bridges, or waterways with up to five years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.

Explanation: Punishes mischief by causing inundation or obstructing public drainage with up to five years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever commits mischief by destroying or moving any light-house or other light used as a sea-mark, or any sea-mark or buoy or other thing placed as a guide for navigators, or by any act which renders any such light-house, sea-mark, buoy or other such thing as aforesaid less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Explanation: Punishes mischief by damaging or moving navigational aids with up to seven years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever commits mischief by destroying or moving any land-mark fixed by the authority of a public servant, or by any act which renders such land-mark less useful as such, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation: Punishes mischief by damaging or moving public land-marks with up to one year’s imprisonment, fine, or both. Chapter XVII.

Clause: Whoever commits mischief by fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property to the amount of one hundred rupees or upwards or (where the property is agricultural produce) ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes mischief by fire or explosives causing damage of one hundred rupees or more (or ten rupees for agricultural produce) with up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes mischief by fire or explosives intending to destroy buildings used for worship, dwelling, or property custody with life imprisonment or up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Whoever commits mischief to any decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes mischief intending to destroy or make unsafe a decked vessel or one of twenty tons or more with up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Whoever commits or attempts to commit, by fire or any explosive substance, such mischief as is described in the last preceding section, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes mischief to vessels by fire or explosives with life imprisonment or up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes intentionally running a vessel aground to commit theft or misappropriation with up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

Explanation: Punishes mischief with preparations for causing death, hurt, or restraint with up to five years’ imprisonment and fine. Chapter XVII.

Clause: Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.

Explanation: Defines criminal trespass as entering or remaining on another’s property with intent to commit an offence or to intimidate, insult, or annoy. Chapter XVII.

Clause: Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit “house-trespass”.

Explanation: Defines house-trespass as criminal trespass into a building, tent, or vessel used for dwelling, worship, or property custody. Chapter XVII.

Clause: Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit “lurking house-trespass”.

Explanation: Defines lurking house-trespass as house-trespass with precautions to conceal it from someone with the right to exclude the trespasser. Chapter XVII.

Clause: Whoever commits lurking house-trespass after sunset and before sunrise, is said to commit “lurking house-trespass by night”.

Explanation: Defines lurking house-trespass by night as lurking house-trespass committed between sunset and sunrise. Chapter XVII.

Clause: A person is said to commit “house-breaking” who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say—

First.—If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.

Secondly.—If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or other obstacle.

Thirdly.—If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass, by any means by which that passage was not intended by the occupier of the house to be opened.

Fourthly.—If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass.

Fifthly.—If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault.

Sixthly.—If he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.

Explanation: Any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section.

Illustrations:

(a) A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand through the aperture. This is house-breaking.

(b) A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking.

(c) A commits house-trespass by entering Z’s house through a window by climbing over a wall. This is house-breaking.

(d) A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting a wire through a hole in the door. This is house-breaking.

(e) A finds the key of Z’s house door, which Z had lost, and commits house-trespass by entering Z’s house, having opened the door with that key. This is house-breaking.

Explanation: Defines house-breaking as house-trespass with specific modes of entry or exit, such as through unauthorized passages or by force. Chapter XVII.

Clause: Whoever commits house-breaking after sunset and before sunrise, is said to commit “house-breaking by night”.

Explanation: Defines house-breaking by night as house-breaking committed between sunset and sunrise. Chapter XVII.

Clause: Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

Explanation: Punishes criminal trespass with up to three months’ imprisonment, fine up to five hundred rupees, or both. Chapter XVII.

Clause: Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Explanation: Punishes house-trespass with up to one year’s imprisonment, fine up to one thousand rupees, or both. Chapter XVII.

Clause: Whoever commits house-trespass in order to the committing of any offence punishable with death, shall be punished with imprisonment for life, or with rigorous imprisonment for a term not exceeding seven years, and shall also be liable to fine.

Explanation: Punishes house-trespass to commit an offence punishable with death with life imprisonment or up to seven years’ rigorous imprisonment and fine. Chapter XVII.

Clause: Whoever commits house-trespass in order to the committing of any offence punishable with imprisonment for life, shall be punished with imprisonment of either description for a term not exceeding seven years, and shall also be liable to fine.

Explanation: Punishes house-trespass to commit an offence punishable with life imprisonment with up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Whoever commits house-trespass in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years.

Explanation: Punishes house-trespass to commit an offence punishable with imprisonment with up to two years’ imprisonment and fine, or up to seven years if the offence is theft. Chapter XVII.

Clause: Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes house-trespass with preparation for hurt, assault, or wrongful restraint with up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Whoever commits lurking house-trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

Explanation: Punishes lurking house-trespass or house-breaking with up to two years’ imprisonment and fine. Chapter XVII.

Clause: Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence be theft, the term of the imprisonment may be extended to seven years.

Explanation: Punishes lurking house-trespass or house-breaking to commit an offence punishable with imprisonment with up to three years’ imprisonment and fine, or up to seven years if the offence is theft. Chapter XVII.

Clause: Whoever commits lurking house-trespass, or house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes lurking house-trespass or house-breaking with preparation for hurt, assault, or wrongful restraint with up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Whoever commits lurking house-trespass by night, or house-breaking by night, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explanation: Punishes lurking house-trespass or house-breaking by night with up to three years’ imprisonment and fine. Chapter XVII.

Clause: Whoever commits lurking house-trespass by night, or house-breaking by night, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence be theft, the term of the imprisonment may be extended to fourteen years.

Explanation: Punishes lurking house-trespass or house-breaking by night to commit an offence punishable with imprisonment with up to five years’ imprisonment and fine, or up to fourteen years if the offence is theft. Chapter XVII.

Clause: Whoever commits lurking house-trespass by night, or house-breaking by night, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine.

Explanation: Punishes lurking house-trespass or house-breaking by night with preparation for hurt, assault, or wrongful restraint with up to fourteen years’ imprisonment and fine. Chapter XVII.

Clause: Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes causing grievous hurt or attempting to cause death or grievous hurt during lurking house-trespass or house-breaking with life imprisonment or up to seven years’ imprisonment and fine. Chapter XVII.

Clause: If, at the time of the committing of lurking house-trespass by night or house-breaking by night, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass by night or house-breaking by night, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes all persons jointly committing lurking house-trespass or house-breaking by night where one causes death or grievous hurt with life imprisonment or up to seven years’ imprisonment and fine. Chapter XVII.

Clause: Whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes dishonestly breaking open a receptacle containing property with up to two years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanation: Punishes breaking open a receptacle by a person entrusted with its custody with up to three years’ imprisonment, fine, or both. Chapter XVII.

Clause: Whoever makes any false document or false electronic record or part of a document or electronic record with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

Explanation: Defines forgery as creating a false document or electronic record with intent to cause damage, support claims, or commit fraud. Chapter XVIII.

Clause: A person is said to make a false document or false electronic record—

First.—Who dishonestly or fraudulently—

(a) makes, signs, seals or executes a document or part of a document;

(b) makes or transmits any electronic record or part of any electronic record;

(c) affixes any electronic signature on any electronic record;

(d) makes any mark denoting the execution of a document or the authenticity of the electronic signature, with the intention of causing it to be believed that such document or part of document, electronic record or electronic signature was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed; or

Secondly.—Who, without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with electronic signature either by himself or by any other person, whether such person be living or dead at the time of such alteration; or

Thirdly.—Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his electronic signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration.

Illustrations:

(a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds a cipher to the 10,000, and makes the sum 1,00,000 intending that it may be believed by B that Z so wrote the letter. A has committed forgery.

(b) A, without Z’s authority, affixes Z’s seal to a document purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B and thereby of obtaining from B the purchase-money. A has committed forgery.

(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of ten thousand rupees. A commits forgery.

(d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable and authorizes B to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of twenty thousand rupees. B commits forgery.

(e) A draws a bill of exchange on himself in the name of B without B’s authority, intending to cause it to be believed that it was drawn by B. A commits forgery.

(f) Z dictates his will to A. A intentionally writes down a different legatee from the legatee named by Z, and by representing to Z that he has prepared the will according to his instructions, induces Z to sign the will. A has committed forgery.

(g) A writes a letter and signs it with B’s name without B’s authority, certifying that A is a man of good character and in distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from Z and other persons. Here, as A made a false document in order to induce Z to part with property, A has committed forgery.

(h) A without B’s authority writes a letter and signs it in B’s name certifying to A’s character, intending thereby to obtain employment under Z. A has committed forgery inasmuch as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract for service.

Explanation 1: A man’s signature of his own name may amount to forgery.

Explanation 2: The making of a false document in the name of a fictitious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery.

Illustration: A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery.

Explanation 3: For the purposes of this section, the expression “affixing electronic signature” shall have the meaning assigned to it in clause (d) of sub-section (1) of section 2 of the Information Technology Act, 2000.

Explanation: Details the conditions under which making or altering a document or electronic record constitutes forgery, including fraudulent execution or alteration. Chapter XVIII.

Clause: Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes forgery with up to seven years’ imprisonment and fine. Chapter XVIII.

Clause: Whoever forges a document or an electronic record, purporting to be a record or proceeding of or in a Court of Justice, or a register of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes forgery of court records, public registers, or official documents with up to seven years’ imprisonment and fine. Chapter XVIII.

Clause: Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, moveable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any moveable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes forgery of valuable securities, wills, or related documents with life imprisonment or up to seven years’ imprisonment and fine. Chapter XVIII.

Clause: Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes forgery intended for cheating with up to seven years’ imprisonment and fine. Chapter XVIII.

Clause: Whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explanation: Punishes forgery intended to harm reputation with up to three years’ imprisonment and fine. Chapter XVIII.

Clause: A false document or electronic record made wholly or in part by forgery is designated “a forged document or electronic record”.

Explanation: Defines a forged document or electronic record as one made wholly or partially by forgery. Chapter XVIII.

Clause: Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or electronic record, shall be punished in the same manner as if he had forged such document or electronic record.

Explanation: Punishes using a forged document or electronic record as genuine with the same punishment as forgery, up to seven years’ imprisonment and fine. Chapter XVIII.

Clause: Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under section 467 of this Code, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes making or possessing counterfeit tools for forgery punishable under section 467 with life imprisonment or up to seven years’ imprisonment and fine. Chapter XVIII.

Clause: Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this Chapter other than section 467, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes making or possessing counterfeit tools for forgery punishable under other sections of this chapter with up to seven years’ imprisonment and fine. Chapter XVIII.

Clause: Whoever has in his possession any document or electronic record, knowing the same to be forged, and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document or electronic record is one of the description mentioned in section 466 of this Code, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the document is one of the description mentioned in section 467, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes possessing forged documents under sections 466 or 467 with intent to use as genuine with up to seven years’ imprisonment and fine, or life imprisonment for section 467 documents. Chapter XVIII.

Clause: Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document described in section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes counterfeiting authentication marks for documents under section 467 or possessing such counterfeit materials with life imprisonment or up to seven years’ imprisonment and fine. Chapter XVIII.

Clause: Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document or electronic record other than the documents described in section 467 of this Code, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes counterfeiting authentication marks for documents other than those under section 467 or possessing such counterfeit materials with up to seven years’ imprisonment and fine. Chapter XVIII.

Clause: Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or a valuable security, or commits mischief in respect to such document, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes fraudulent cancellation, destruction, or defacement of wills, adoption authorities, or valuable securities with life imprisonment or up to seven years’ imprisonment and fine. Chapter XVIII.

Clause: Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates or falsifies any book, electronic record, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or wilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in, any such book, electronic record, paper, writing, valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Explanation: It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed.

Explanation: Punishes falsification of accounts by clerks or servants with intent to defraud with up to seven years’ imprisonment, fine, or both. Chapter XVIII.

Clause: [Repealed by the Trade and Merchandise Marks Act, 1958 (43 of 1958), s. 135 and Sch. (w.e.f. 25-11-1959).]

Explanation: Section repealed, previously dealt with trade marks. Chapter XVIII.

Clause: A mark used for denoting that moveable property belongs to a particular person is called a property mark.

Explanation: Defines a property mark as a mark indicating ownership of moveable property. Chapter XVIII.

Clause: [Repealed by the Trade and Merchandise Marks Act, 1958 (43 of 1958), s. 135 and Sch. (w.e.f. 25-11-1959).]

Explanation: Section repealed, previously dealt with using false trade marks. Chapter XVIII.

Clause: Whoever marks any moveable property or goods or any case, package or other receptacle containing moveable property or goods, or uses any case, package or other receptacle which has any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such case, package or other receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark.

Explanation: Defines using a false property mark as marking property to mislead others about ownership. Chapter XVIII.

Clause: Whoever uses any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation: Punishes using a false property mark with up to one year’s imprisonment, fine, or both, unless no intent to defraud is proven. Chapter XVIII.

Clause: Whoever counterfeits any property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes counterfeiting another’s property mark with up to two years’ imprisonment, fine, or both. Chapter XVIII.

Clause: Whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explanation: Punishes counterfeiting or using counterfeit public servant property marks with up to three years’ imprisonment and fine. Chapter XVIII.

Clause: Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark, or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanation: Punishes making or possessing instruments or marks for counterfeiting property marks with up to three years’ imprisonment, fine, or both. Chapter XVIII.

Clause: Whoever sells, or exposes, or has in possession for sale, any goods or things with a counterfeit property mark affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves—

(a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark, and

(b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things, or

(c) that otherwise he had acted innocently,

be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation: Punishes selling goods with counterfeit property marks with up to one year’s imprisonment, fine, or both, unless innocence is proven. Chapter XVIII.

Clause: Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Explanation: Punishes making false marks on goods’ receptacles to deceive about contents or quality with up to three years’ imprisonment, fine, or both, unless no intent to defraud is proven. Chapter XVIII.

Clause: Whoever makes use of any such false mark in any manner prohibited by the last foregoing section shall, unless he proves that he acted without intent to defraud, be punished as if he had committed an offence against that section.

Explanation: Punishes using false marks as per section 487 with up to three years’ imprisonment, fine, or both, unless no intent to defraud is proven. Chapter XVIII.

Clause: Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Explanation: Punishes tampering with property marks to cause injury with up to one year’s imprisonment, fine, or both. Chapter XVIII.

Clause: Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any currency-note or bank-note, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: For the purposes of this section and of sections 489B, 489C, 489D and 489E, the expression “bank-note” means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a substitute for money.

Explanation: Punishes counterfeiting currency or bank-notes with life imprisonment or up to seven years’ imprisonment and fine. Chapter XVIII.

Clause: Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes using or trafficking in forged or counterfeit currency or bank-notes as genuine with life imprisonment or up to seven years’ imprisonment and fine. Chapter XVIII.

Clause: Whoever has in his possession any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Explanation: Punishes possession of forged or counterfeit currency or bank-notes with intent to use as genuine with up to seven years’ imprisonment, fine, or both. Chapter XVIII.

Clause: Whoever makes, or performs any part of the process of making, or buys or sells or disposes of, or has in his possession, any machinery, instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any currency-note or bank-note, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes making or possessing tools for counterfeiting currency or bank-notes with life imprisonment or up to seven years’ imprisonment and fine. Chapter XVIII.

Clause: Whoever makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive, any currency-note or bank-note shall be punished with fine which may extend to one hundred rupees.

Explanation: If a person, who is carrying on or managing the affairs of any bank or financial institution, makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person a document resembling any currency-note or bank-note which is not easily distinguishable from such currency-note or bank-note, by a common man, shall be punished with fine which may extend to one thousand rupees.

Explanation: Punishes making or using documents resembling currency or bank-notes with a fine up to one hundred rupees, or up to one thousand rupees for bank officials if indistinguishable. Chapter XVIII.

Clause: [Repealed by the Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), s. 2 and Sch.]

Explanation: Section repealed, previously dealt with breach of contract of service during a voyage or journey. Chapter XIX.

Clause: Whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both.

Explanation: Punishes voluntary omission to attend or supply wants of a helpless person under a lawful contract with up to three months’ imprisonment, fine up to two hundred rupees, or both. Chapter XIX.

Clause: [Repealed by the Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), s. 2 and Sch.]

Explanation: Section repealed, previously dealt with breach of contract to serve at a distant place at the employer’s expense. Chapter XIX.

Clause: Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation: Punishes a man for deceitfully inducing a woman to cohabit by believing she is lawfully married to him with up to ten years’ imprisonment and fine. Chapter XX.

Clause: Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Exception: This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

Explanation: Punishes bigamy with up to seven years’ imprisonment and fine, with exceptions for void marriages or long-term absence of a spouse. Chapter XX.

Clause: Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Explanation: Punishes bigamy with concealment of a prior marriage with up to ten years’ imprisonment and fine. Chapter XX.

Clause: Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Explanation: Punishes fraudulent marriage ceremonies with up to seven years’ imprisonment and fine. Chapter XX.

Clause: Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

Explanation: Punishes adultery by a man with a married woman without her husband’s consent with up to five years’ imprisonment, fine, or both; the wife is not punishable as an abettor. Chapter XX.

Clause: Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes enticing or detaining a married woman with intent for illicit intercourse with up to two years’ imprisonment, fine, or both. Chapter XX.

Clause: Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation: For the purposes of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Explanation: Punishes a husband or his relatives for subjecting a woman to cruelty, defined as conduct likely to cause suicide or grave injury, or harassment for unlawful demands, with up to three years’ imprisonment and fine. Chapter XXA.

Clause: Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person.

Explanation 1: It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation 2: It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

Explanation 3: An imputation in the form of an alternative or expressed ironically, may amount to defamation.

Explanation 4: No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.

Illustrations:

(a) A says—“Z is an honest man; he never stole B’s watch”; intending to cause it to be believed that Z did steal B’s watch. This is defamation, unless it fall within one of the exceptions.

(b) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed that Z stole B’s watch. This is defamation, unless it fall within one of the exceptions.

(c) A draws a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s watch. This is defamation, unless it fall within one of the exceptions.

First Exception.—Imputation of truth which public good requires to be made or published: It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.

Second Exception.—Public conduct of public servants: It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.

Third Exception.—Conduct of any person touching any public question: It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further.

Illustration: It is not defamation in A to express in good faith any opinion whatever respecting Z’s conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending at such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which the public is interested.

Fourth Exception.—Publication of reports of proceedings of Courts: It is not defamation to publish substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.

Explanation: A Justice of the Peace or other officer holding an enquiry in open Court preliminary to a trial in a Court of Justice, is a Court within the meaning of the above exception.

Fifth Exception.—Merits of case decided in Court or conduct of witnesses and others concerned: It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.

Illustrations:

(a) A says—“I think Z’s evidence on that trial is so contradictory that he must be stupid or dishonest.” A is within this exception if he says this in good faith, inasmuch as the opinion which he expresses respects Z’s character as it appears in Z’s conduct as a witness, and no further.

(b) But if A says—“I do not believe what Z asserted at that trial because I know him to be a man without veracity”; A is not within this exception, inasmuch as the opinion which he expresses of Z’s character, is an opinion not founded on Z’s conduct as a witness.

Sixth Exception.—Merits of public performance: It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further.

Explanation: A performance may be submitted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public.

Illustrations:

(a) A person who publishes a book, submits that book to the judgment of the public.

(b) A person who makes a speech in public, submits that speech to the judgment of the public.

(c) An actor or singer who appears on a public stage, submits his acting or singing to the judgment of the public.

(d) A says of a book published by Z—“Z’s book is foolish; Z must be a weak man. Z’s book is indecent; Z must be a man of impure mind.” A is within this exception, if he says this in good faith, inasmuch as the opinion which he expresses of Z respects Z’s character only so far as it appears in Z’s book, and no further.

(e) But if A says—“I am not surprised that Z’s book is foolish and indecent, for he is a weak man and a libertine.” A is not within this exception, inasmuch as the opinion which he expresses of Z’s character is an opinion not founded on Z’s book.

Seventh Exception.—Censure passed in good faith by person having lawful authority over another: It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.

Illustration: A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department censuring in good faith those who are under his orders; a parent censuring in good faith a child in the presence of other children; a schoolmaster, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier—are within this exception.

Eighth Exception.—Accusation preferred in good faith to authorised person: It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation.

Illustration: If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, a child, to Z’s father—A is within this exception.

Ninth Exception.—Imputation made in good faith by person for protection of his or other’s interests: It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.

Illustrations:

(a) A, a shopkeeper, says to B, who manages his business—“Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty.” A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests.

(b) A, a Magistrate, in making a report to his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the exception.

Tenth Exception.—Caution intended for good of person to whom conveyed or for public good: It is not defamation to convey a caution, in good faith, to one person about another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.

Explanation: Defines defamation as harming a person’s reputation through words, signs, or representations, with exceptions for truth, public good, or good faith opinions. Chapter XXI.

Clause: Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes defamation with up to two years’ simple imprisonment, fine, or both. Chapter XXI.

Clause: Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes printing or engraving defamatory matter with up to two years’ simple imprisonment, fine, or both. Chapter XXI.

Clause: Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes selling or offering for sale printed or engraved defamatory matter with up to two years’ simple imprisonment, fine, or both. Chapter XXI.

Clause: Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.

Explanation: A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section.

Illustration: A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal intimidation.

Explanation: Defines criminal intimidation as threatening injury to person, reputation, or property to cause alarm or influence actions. Chapter XXII.

Clause: Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Explanation: Punishes intentional insults intended to provoke a breach of peace or other offence with up to two years’ imprisonment, fine, or both. Chapter XXII.

Clause: (1) Whoever makes, publishes or circulates any statement, rumour or report,—

(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the Army, Navy or Air Force of India to mutiny or otherwise disregard or fail in his duty as such; or

(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquillity; or

(c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community;

shall be punished with imprisonment which may extend to three years, or with fine, or with both.

(2) Statements creating or promoting enmity, hatred or ill-will between classes.—Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.

(3) Offence under sub-section (2) committed in place of worship, etc.—Whoever commits an offence specified in sub-section (2) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.

Exception: It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it in good faith and without any such intent as aforesaid.

Explanation: Punishes statements causing mutiny, public fear, or enmity between classes with up to three years’ imprisonment, fine, or both, or up to five years’ imprisonment and fine if committed in a place of worship. Chapter XXII.

Clause: Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;

If threat be to cause death or grievous hurt, etc.—and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Explanation: Punishes criminal intimidation with up to two years’ imprisonment, fine, or both, or up to seven years’ imprisonment, fine, or both for severe threats like death or grievous hurt. Chapter XXII.

Clause: Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence by the last preceding section.

Explanation: Punishes anonymous criminal intimidation with up to two years’ imprisonment in addition to the punishment under section 506. Chapter XXII.

Clause: Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Illustrations:

(a) A sits dhurna at Z’s door with the intention of causing it to be believed that, by so sitting, he renders Z an object of Divine displeasure. A has committed the offence defined in this section.

(b) A threatens Z that, unless Z performs a certain act, A will kill one of A’s own children, under such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section.

Explanation: Punishes inducing actions or omissions by invoking fear of Divine displeasure with up to one year’s imprisonment, fine, or both. Chapter XXII.

Clause: Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Explanation: Punishes words, gestures, or acts intended to insult a woman’s modesty with up to one year’s simple imprisonment, fine, or both. Chapter XXII.

Clause: Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to ten rupees, or with both.

Explanation: Punishes public misconduct by a drunken person causing annoyance with up to twenty-four hours’ simple imprisonment, fine up to ten rupees, or both. Chapter XXII.

Clause: Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.

Illustrations:

(a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section.

(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the attempt in consequence of Z’s having nothing in his pocket. A is guilty under this section.

Explanation: Punishes attempts to commit offences with up to half the punishment prescribed for the offence, including imprisonment or fine, where no specific provision exists. Chapter XXIII.