Vidhik Vani: THE BHARATIYA NYAYA SANHITA, 2023

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 25th December, 2023/Pausha 4, 1945 (Saka)

The following Act of Parliament received the assent of the President on the

25th December, 2023 and is hereby published for general information:—

THE BHARATIYA NYAYA SANHITA, 2023

NO. 45 OF 2023

[25th December, 2023.]

An Act to consolidate and amend the provisions relating to offences and for

matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as

follows:––

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Bharatiya Nyaya Sanhita, 2023.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint, and different dates may be appointed for different provisions

of this Sanhita.

(3) Every person shall be liable to punishment under this Sanhita and not otherwise for

every act or omission contrary to the provisions thereof, of which he shall be guilty within

India.

(4) Any person liable, by any law for the time being in force in India, to be tried for an

offence committed beyond India shall be dealt with according to the provisions of this

Sanhita for any act committed beyond India in the same manner as if such act had been

committed within India.

(5) The provisions of this Sanhita shall also apply to any offence committed by—

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

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

a computer resource located in India.

Explanation.—In this section, the word “offence” includes every act committed outside

India which, if committed in India, would be punishable under this Sanhita.

Illustration.

A, who is a citizen of India, commits a murder in any place without and beyond India.

He can be tried and convicted of murder in any place in India in which he may be found.

(6) Nothing in this Sanhita 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.

2. In this Sanhita, unless the context otherwise requires,––

(1) “act” denotes as well a series of acts as a single act;

(2) “animal” means any living creature, other than a human being;

(3) “child” means any person below the age of eighteen years;

(4) “counterfeit”.––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 1.—It is not essential to counterfeiting that the imitation should be

exact.

Explanation 2.—When a person causes one thing to resemble another thing,

and the resemblance is such that a person might be deceived thereby, it shall be

presumed, until the contrary is proved, that the person so causing the one thing to

resemble the other thing intended by means of that resemblance to practise deception

or knew it to be likely that deception would thereby be practised;

(5) “Court” means 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;

(6) “death” means the death of a human being unless the contrary appears from

the context;

(7) “dishonestly” means doing anything with the intention of causing wrongful

gain to one person or wrongful loss to another person;

(8) “document” means any matter expressed or described upon any substance

by means of letters, figures or marks, or by more than one of those means, and includes

electronic and digital record, intended to be used, or which may be used, as evidence

of that matter.

Explanation 1.—It is immaterial by what means or upon what substance the

letters, figures or marks are formed, or whether the evidence is intended for, or may be

used in a Court or not.

Illustrations.

(a) A writing expressing the terms of a contract, which may be used as evidence

of the contract, is a document.

(b) A cheque upon a banker is a document.

(d) A map or plan which is intended to be used or which may be used as evidence,

is a document.

(e) A writing containing directions or instructions is a document.

Explanation 2.—Whatever is expressed by means of letters, figures or marks as

explained by mercantile or other usage, shall be deemed to be expressed by such

letters, figures or marks within the meaning of this section, although the same may not

be actually expressed.

Illustration.

A writes his name on the back of a bill of exchange payable to his order. The

meaning of the endorsement, as explained by mercantile usage, is that the bill is to be

paid to the holder. The endorsement is a document, and shall be construed in the same

manner as if the words “pay to the holder” or words to that effect had been written

over the signature;

(9) “fraudulently” means doing anything with the intention to defraud but not

otherwise;

(10) “gender”.—The pronoun “he” and its derivatives are used of any person,

whether male, female or transgender.

Explanation.–– “transgender” shall have the meaning assigned to it in clause (k)

of section 2 of the Transgender Persons (Protection of Rights) Act, 2019;

(11) “good faith”.—Nothing is said to be done or believed in “good faith” which

is done or believed without due care and attention;

(12) “Government” means the Central Government or a State Government;

(13) “harbour” includes supplying a person with shelter, food, drink, money,

clothes, arms, ammunition or means of conveyance, or the assisting a person by any

means, whether of the same kind as those enumerated in this clause or not, to evade

apprehension;

(14) “injury” means any harm whatever illegally caused to any person, in body,

mind, reputation or property;

(15) “illegal” and “legally bound to do”.—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;

(16) “Judge” means a person who is officially designated as a Judge and includes

a person,––

(i) 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

(ii) who is one of a body or persons, which body of persons is empowered

by law to give such a judgment.

Illustration.

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;

(17) “life” means the life of a human being, unless the contrary appears from the

context;

(18) “local law” means a law applicable only to a particular part of India;

(19) “man” means male human being of any age;

(20) “month” and “year”.––Wherever the word “month” or the word “year” is

used, it is to be understood that the month or the year is to be reckoned according to

the Gregorian calendar;

(21) “movable property” includes property of every description, except land

and things attached to the earth or permanently fastened to anything which is attached

to the earth;

(22) “number”.—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;

(23) “oath” includes a solemn affirmation substituted by law for an oath, and

any declaration required or authorised by law to be made before a public servant or to

be used for the purpose of proof, whether in a Court or not;

(24) “offence”.—Except in the Chapters and sections mentioned in

sub-clauses (a) and (b), the word “offence” means a thing made punishable by this

Sanhita, but––

(a) in Chapter III and in the following sections, namely, sub-sections (2),

(3), (4) and (5) of section 8, sections 9, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61, 119,

120, 123, sub-sections (7) and (8) of section 127, 222, 230, 231, 240, 248, 250,

251, 259, 260, 261, 262, 263, sub-sections (6) and (7) of section 308 and

sub-section (2) of section 330, the word “offence” means a thing punishable

under this Sanhita, or under any special law or local law; and

(b) in sub-section (1) of section 189, sections 211, 212, 238, 239, 249, 253

and sub-section (1) of section 329, the word “offence” shall have the same

meaning when the act punishable under the special law or local law is punishable

under such law with imprisonment for a term of six months or more, whether

with or without fine;

(25) “omission” denotes as well as a series of omissions as a single omission;

(26) “person” includes any company or association or body of persons, whether

incorporated or not;

(27) “public” includes any class of the public or any community;

(28) “public servant” means a person falling under any of the descriptions,

namely:—

(a) every commissioned officer in the Army, Navy or Air Force;

(b) 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;

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 to perform any of such duties;

(d) every assessor or member of a panchayat assisting a Court or public

servant;

(e) every arbitrator or other person to whom any cause or matter has been

referred for decision or report by any Court, or by any other competent public

authority;

(f) every person who holds any office by virtue of which he is empowered

to place or keep any person in confinement;

(g) 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;

(h) 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;

(i) every officer whose duty it is, as such officer, to take, receive, keep or

expend any property, to make any survey or assessment or to levy any rate or tax

for any secular common purpose of any village, town or district, or to make,

authenticate or keep any document for the ascertaining of the rights of the

people of any village, town or district;

(j) every person who holds any office by virtue of which he is empowered

to prepare, publish, maintain or revise an electoral roll or to conduct an election

or part of an election;

(k) every person—

(i) in the service or pay of the Government or remunerated by fees or

commission for the performance of any public duty by the Government;

(ii) in the service or pay of a local authority as defined in clause (31)

of section 3 of the General Clauses Act, 1897, a corporation established by

or under a Central or State Act or a Government company as defined in

clause (45) of section 2 of the Companies Act, 2013.

Explanation.—

(a) persons falling under any of the descriptions made in this clause are

public servants, whether appointed by the Government or not;

(b) every person who is in actual possession of the situation of a public

servant, whatever legal defect there may be in his right to hold that situation is

a public servant;

any legislative, municipal or other public authority, of whatever character, the

method of selection to which is by, or under any law for the time being in force.

Illustration.

A Municipal Commissioner is a public servant;

(29) “reason to believe”.—A person is said to have “reason to believe” a thing,

if he has sufficient cause to believe that thing but not otherwise;

(30) “special law” means a law applicable to a particular subject;

(31) “valuable security” means 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.

Illustration.

A writes his name on the back of a bill of exchange. As the effect of this

endorsement is to transfer the right to the bill to any person who may become the

lawful holder of it, the endorsement is a “valuable security”;

(32) “vessel” means anything made for the conveyance by water of human

beings or of property;

(33) “voluntarily”.—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.

Illustration.

A sets fire, by night, to an inhabited house in a large town, for the purpose of

facilitating a robbery and thus causes the death of a person. Here, A may not have

intended to cause death; and may even be sorry that death has been caused by his act;

yet, if he knew that he was likely to cause death, he has caused death voluntarily;

(34) “will” means any testamentary document;

(35) “woman” means a female human being of any age;

(36) “wrongful gain” means gain by unlawful means of property to which the

person gaining is not legally entitled;

(37) “wrongful loss” means the loss by unlawful means of property to which the

person losing it is legally entitled;

(38) “gaining wrongfully” and “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; and

(39) words and expressions used but not defined in this Sanhita but defined in

the Information Technology Act, 2000 and the Bharatiya Nagarik Suraksha Sanhita, 2023

shall have the meanings respectively assigned to them in that Act and Sanhita.

3. (1) Throughout this Sanhita 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.

Illustrations.

(a) The sections in this Sanhita, 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”.

(2) Every expression which is explained in any Part of this Sanhita, is used in every Part

of this Sanhita in conformity with the explanation.

(3) When property is in the possession of a person’s spouse, clerk or servant, on

account of that person, it is in that person’s possession within the meaning of this Sanhita.

Explanation.—A person employed temporarily or on a particular occasion in the capacity

of a clerk or servant, is a clerk or servant within the meaning of this sub-section.

(4) In every Part of this Sanhita, except where a contrary intention appears from the

context, words which refer to acts done extend also to illegal omissions.

(5) 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.

(6) 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.

(7) 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.

Illustration.

A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly

by beating Z. A has committed murder.

(8) When an offence is committed by means of several acts, whoever intentionally

cooperates in the commission of that offence by doing any one of those acts, either singly or

jointly with any other person, commits that offence.

Illustrations.

(a) A and B agree to murder Z by severally and at different times giving him small doses

of poison. A and B administer the poison according to the agreement with intent to murder Z.

Z dies from the effects the several doses of poison so administered to him. Here A and B

intentionally cooperate in the commission of murder and as each of them does an act by

which the death is caused, they are both guilty of the offence though their acts are separate.

(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively

for six hours at a time. A and B, intending to cause Z’s death, knowingly cooperate in causing

that effect by illegally omitting, each during the time of his attendance, to furnish Z with food

supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder

of Z.

omits to supply Z with food; in consequence of which Z is much reduced in strength, but the

starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds

him. B, without collusion or cooperation with A, illegally omits to supply Z with food,

knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder,

but, as A did not cooperate with B. A is guilty only of an attempt to commit murder.

(9) 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.

Illustration.

A attacks Z under such circumstances of grave provocation that his killing of Z would

be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending

to kill him, and not having been subject to the provocation, assists A in killing Z. Here,

though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty

only of culpable homicide.

CHAPTER II

OF PUNISHMENTS

4. The punishments to which offenders are liable under the provisions of this Sanhita

are—

(a) Death;

(b) Imprisonment for life;

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

(2) Simple;

(d) Forfeiture of property;

(e) Fine;

(f) Community Service.

5. The appropriate Government may, without the consent of the offender, commute

any punishment under this Sanhita to any other punishment in accordance with section 474

of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Explanation.––For the purposes of this section 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 cases where the sentence (whether of death or not) is for an offence

against any law relating to a matter to which the executive power of the State extends,

the Government of the State within which the offender is sentenced.

6. In calculating fractions of terms of punishment, imprisonment for life shall be

reckoned as equivalent to imprisonment for twenty years unless otherwise provided.

7. 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.

8. (1) 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.

(2) In every case of an offence––

(a) punishable with imprisonment as well as fine, in which the offender is

sentenced to a fine, whether with or without imprisonment;

(b) 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, in 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.

(3) 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.

(4) The imprisonment which the Court imposes in default of payment of a fine or in

default of community service may be of any description to which the offender might have

been sentenced for the offence.

(5) If the offence is punishable with fine or community service, the imprisonment

which the Court imposes in default of payment of the fine or in default of community service

shall be simple, and the term for which the Court directs the offender to be imprisoned, in

default of payment of fine or in default of community service, shall not exceed,—

(a) two months when the amount of the fine does not exceed five thousand

rupees;

(b) four months when the amount of the fine does not exceed ten thousand

rupees; and

(6) (a) 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;

(b) 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 thousand rupees and to four months’ imprisonment in

default of payment. Here, if seven hundred and fifty 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 has expired. If seven hundred and fifty 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. If five hundred rupees of the fine be paid or levied before the

expiration of two months of the imprisonment, A will be discharged as soon as the two

months are completed. If five hundred rupees be paid or levied at the time of the expiration of

those two months, or at any later time while A continues in imprisonment, A will be immediately

discharged.

(7) 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.

9. (1) 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.

(b) 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 every 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.

10. 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.

11. Whenever any person is convicted of an offence for which under this Sanhita 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, namely:—

(a) a time not exceeding one month if the term of imprisonment shall not exceed

six months;

(b) a time not exceeding two months if the term of imprisonment shall exceed six

months and shall not exceed one year;

one year.

12. 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.

13. Whoever, having been convicted by a Court in India, of an offence punishable

under Chapter X or Chapter XVII of this Sanhita 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 ten years.

(2) Where—

(a) 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

CHAPTER III

GENERAL EXCEPTIONS

14. 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.

Illustrations.

(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, being ordered by that Court to arrest Y, and, after due

enquiry, believing Z to be Y, arrests Z. A has committed no offence.

15. 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.

16. Nothing which is done in pursuance of, or which is warranted by the judgment or

order of, a Court; 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.

17. 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.

18. 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.

19. 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 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.

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

21. Nothing is an offence which is done by a child above seven years of age and under

twelve years of age, who has not attained sufficient maturity of understanding to judge of

the nature and consequences of his conduct on that occasion.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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 the painful complaint, but not intending to cause Z’s death, and intending, in

good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no

offence.

27. Nothing which is done in good faith for the benefit of a person under twelve years

of age, or person 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 that this exception shall not extend to––

(a) the intentional causing of death, or to the attempting to cause death;

(b) 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;

hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of

any grievous disease or infirmity;

(d) 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 that the operation will cause the child’s death,

but not intending to cause the child’s death. A is within the exception, in as much as his

object was the cure of the child.

28. A consent is not such a consent as is intended by any section of this Sanhita,––

(a) if the consent is given by a person under fear of injury, or under a misconception

of fact, and if the person doing the act knows, or has reason to believe, that the

consent was given in consequence of such fear or misconception; or

(b) 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

person who is under twelve years of age.

29. The exceptions in sections 25, 26 and 27 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.

30. 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 benefit:

Provided that this exception shall not extend to––

(a) the intentional causing of death, or the attempting to cause death;

(b) 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;

purpose other than the preventing of death or hurt;

(d) the abetment of any offence, to the committing of which offence it would not

extend.

Illustrations.

(1) 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.

(2) 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 bullet gives Z a

mortal wound. A has committed no offence.

(3) 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.

(4) 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 house top, 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.—Mere pecuniary benefit is not benefit within the meaning of

sections 26, 27 and this section.

31. 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.

32. 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 that 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 to force the door of a house for the dacoits to enter and plunder it, is entitled to the

benefit of this exception.

33. 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.

Of right of private defence

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

35. Every person has a right, subject to the restrictions contained in section 37, to

defend—

(a) his own body, and the body of any other person, against any offence affecting

the human body;

(b) the property, whether movable or immovable, 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.

36. 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, a person of unsound mind, 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 attacking A under this misconception,

commits no offence. But A has the same right of private defence against Z, which he would

have if Z were not acting under that misconception.

37. (1) There is no right of private defence,––

(a) 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;

(b) 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;

authorities.

(2) 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.

38. The right of private defence of the body extends, under the restrictions specified in

section 37, 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:—

(a) such an assault as may reasonably cause the apprehension that death will

otherwise be the consequence of such assault;

(b) such an assault as may reasonably cause the apprehension that grievous

hurt will otherwise be the consequence of such assault;

(d) an assault with the intention of gratifying unnatural lust;

(e) an assault with the intention of kidnapping or abducting;

(f) 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;

(g) 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.

39. If the offence be not of any of the descriptions specified in section 38, 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 specified in section 37, to the voluntary

causing to the assailant of any harm other than death.

40. 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.

41. The right of private defence of property extends, under the restrictions specified in

section 37, 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:—

(a) robbery;

(b) house-breaking after sunset and before sunrise;

or vessel, which building, tent or vessel is used as a human dwelling, or as a place for

the custody of property;

(d) 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.

42. 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 specified in section 41, that right does not extend to the voluntary

causing of death, but does extend, subject to the restrictions specified in section 37, to the

voluntary causing to the wrong-doer of any harm other than death.

43. The right of private defence of property,––

(a) commences when a reasonable apprehension of danger to the property

commences;

(b) 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;

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;

(d) against criminal trespass or mischief continues as long as the offender

continues in the commission of criminal trespass or mischief;

(e) against house-breaking after sunset and before sunrise continues as long as

the house-trespass which has been begun by such house-breaking continues.

44. 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.

CHAPTER IV

OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT

of abetment

45. A person abets the doing of a thing, who—

(a) instigates any person to do that thing; or

(b) 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

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 authorised by a warrant from a Court 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.

46. 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 person of unsound mind 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.

of 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.

47. A person abets an offence within the meaning of this Sanhita 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 country X, to commit a murder in that country,

A is guilty of abetting murder.

48. A person abets an offence within the meaning of this Sanhita who, without and

beyond India, abets the commission of any act in India which would constitute an offence if

committed in India.

Illustration.

A, in country X, instigates B, to commit a murder in India, A is guilty of abetting murder.

49. Whoever abets any offence shall, if the act abetted is committed in consequence of

the abetment, and no express provision is made by this Sanhita 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 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.

(b) 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.

50. 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.

51. 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 that the act done 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.

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.

52. If the act for which the abettor is liable under section 51 is committed in addition to

the act abetted, and constitute 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 B has committed both the offence of resisting the distress,

and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these

offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the

distress, A will also be liable to punishment for each of the offences.

53. 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 with the punishment provided

for murder.

54. Whenever any person, who is 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.

55. 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 under this Sanhita 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, he

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, he will be liable to imprisonment for

a term which may extend to fourteen years, and to fine.

56. 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 under this

Sanhita 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 instigates B to give false evidence. Here, if B does not give false evidence, A has

nevertheless committed the offence defined in this section, and is punishable accordingly.

(b) A, a police officer, whose duty it is to prevent robbery, abets the commission of

robbery. Here, though the robbery be not committed, A is liable to one-half of the longest

term of imprisonment provided for that offence, and also to fine.

prevent that offence. Here, though the robbery be not committed, B is liable to one-half of the

longest term of imprisonment provided for the offence of robbery, and also to fine.

57. 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 seven years and with fine.

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.

58. 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 omission, or by the use of encryption or any other

information hiding tool, the existence of a design to commit such offence or makes any

representation which he knows to be false respecting such design shall,––

(a) if that offence be committed, be punished with imprisonment of either

description for a term which may extend to seven years; or

(b) if the offence be not committed, with imprisonment of either description, for

a term which may extend to three years,

and shall also be liable to fine.

Illustration.

A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate

that a dacoity is about to be committed at C, 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 in pursuance of the design. A is punishable under this section.

59. 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 omission or by the use of encryption

or any other information hiding tool, the existence of a design to commit such offence, or

makes any representation which he knows to be false respecting such design shall,––

(a) 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

(b) if the offence be punishable with death or imprisonment for life, with

imprisonment of either description for a term which may extend to ten years; or

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 so facilitate the commission of that offence.

Here A has by an illegal omission concealed the existence of B’s design, and is liable to

punishment according to the provision of this section.

60. 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,––

(a) 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

(b) 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.

Of criminal conspiracy

61. (1) When two or more persons agree with the common object to do, or cause to be

done––

(a) an illegal act; or

(b) 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.

(2) Whoever is a party to a criminal conspiracy,––

(a) 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 Sanhita for the punishment of such a conspiracy, be punished in the same

manner as if he had abetted such offence;

(b) 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.

Of attempt

62. Whoever attempts to commit an offence punishable by this Sanhita 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 Sanhita 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.

CHAPTER V

OF OFFENCES AGAINST WOMAN AND CHILD

Of sexual offences

63. A man is said to commit “rape” if he—

(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of

a woman or makes her to do so with him or any other person; or

(b) inserts, to any extent, any object or a part of the body, not being the penis,

into the vagina, the urethra or anus of a woman or makes her to do so with him or any

other person; or

the vagina, urethra, anus or any part of body of such woman or makes her to do so with

him or any other person; or

(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do

so with him or any other person,

under the circumstances falling under any of the following seven descriptions:—

(i) against her will;

(ii) without her consent;

(iii) with her consent, when her consent has been obtained by putting her or

any person in whom she is interested, in fear of death or of hurt;

(iv) with her consent, when the man knows that he is not her husband and that

her consent is given because she believes that he is another man to whom she is or

believes herself to be lawfully married;

(v) with her consent when, at the time of giving such consent, by reason of

unsoundness of mind or intoxication or the administration by him personally or through

another of any stupefying or unwholesome substance, she is unable to understand

the nature and consequences of that to which she gives consent;

(vi) with or without her consent, when she is under eighteen years of age;

(vii) when she is unable to communicate consent.

Explanation 1.—For the purposes of this section, “vagina” shall also include labia

majora.

Explanation 2.—Consent means an unequivocal voluntary agreement when the woman

by words, gestures or any form of verbal or non-verbal communication, communicates

willingness to participate in the specific sexual act:

Provided that a woman who does not physically resist to the act of penetration shall

not by the reason only of that fact, be regarded as consenting to the sexual activity.

Exception 1.––A medical procedure or intervention shall not constitute rape.

Exception 2.––Sexual intercourse or sexual acts by a man with his own wife, the wife

not being under eighteen years of age, is not rape.

64. (1) Whoever, except in the cases provided for in sub-section (2), commits rape,

shall be punished with rigorous imprisonment of either description for a term which shall not

be less than ten years, but which may extend to imprisonment for life, and shall also be liable

to fine.

(2) Whoever,—

(a) being a police officer, commits rape,—

(i) within the limits of the police station to which such police officer is

appointed; or

(ii) in the premises of any station house; or

(iii) on a woman in such police officer’s custody or in the custody of a

police officer subordinate to such police officer; or

(b) being a public servant, commits rape on a woman in such public servant’s

custody or in the custody of a public servant subordinate to such public servant; or

Government or a State Government commits rape in such area; or

(d) being on the management or on the staff of a jail, remand home or other place

of custody established by or under any law for the time being in force or of a women’s

or children’s institution, commits rape on any inmate of such jail, remand home, place

or institution; or

(e) being on the management or on the staff of a hospital, commits rape on a

woman in that hospital; or

(f) being a relative, guardian or teacher of, or a person in a position of trust or

authority towards the woman, commits rape on such woman; or

(g) commits rape during communal or sectarian violence; or

(h) commits rape on a woman knowing her to be pregnant; or

(i) commits rape, on a woman incapable of giving consent; or

(j) being in a position of control or dominance over a woman, commits rape on

such woman; or

(k) commits rape on a woman suffering from mental or physical disability; or

(l) while committing rape causes grievous bodily harm or maims or disfigures or

endangers the life of a woman; or

(m) commits rape repeatedly on the same woman,

shall be punished with rigorous imprisonment for a term which shall not be less than ten

years, but which may extend to imprisonment for life, which shall mean imprisonment for the

remainder of that person’s natural life, and shall also be liable to fine.

Explanation.—For the purposes of this sub-section,—

(a) “armed forces” means the naval, army and air forces and includes any member

of the Armed Forces constituted under any law for the time being in force, including

the paramilitary forces and any auxiliary forces that are under the control of the Central

Government or the State Government;

(b) “hospital” means the precincts of the hospital and includes the precincts of

any institution for the reception and treatment of persons during convalescence or of

persons requiring medical attention or rehabilitation;

“police” under the Police Act, 1861;

(d) “women’s or children’s institution” means an institution, whether called an

orphanage or a home for neglected women or children or a widow’s home or an

institution called by any other name, which is established and maintained for the

reception and care of women or children.

65. (1) Whoever, commits rape on a woman under sixteen years of age shall be

punished with rigorous imprisonment for a term which shall not be less than twenty years,

but which may extend to imprisonment for life, which shall mean imprisonment for the

remainder of that person’s natural life, and shall also be liable to fine:

Provided that such fine shall be just and reasonable to meet the medical expenses and

rehabilitation of the victim:

Provided further that any fine imposed under this sub-section shall be paid to the

victim.

(2) Whoever, commits rape on a woman under twelve years of age shall be punished

with rigorous imprisonment for a term which shall not be less than twenty years, but which

may extend to imprisonment for life, which shall mean imprisonment for the remainder of that

person’s natural life, and with fine or with death:

Provided that such fine shall be just and reasonable to meet the medical expenses and

rehabilitation of the victim:

Provided further that any fine imposed under this sub-section shall be paid to the

victim.

66. Whoever, commits an offence punishable under sub-section (1) or sub-section (2)

of section 64 and in the course of such commission inflicts an injury which causes the death

of the woman or causes the woman to be in a persistent vegetative state, shall be punished

with rigorous imprisonment for a term which shall not be less than twenty years, but which

may extend to imprisonment for life, which shall mean imprisonment for the remainder of that

person’s natural life, or with death.

67. Whoever has sexual intercourse with his own wife, who is living separately, whether

under a decree of separation or otherwise, without her consent, shall be punished with

imprisonment of either description for a term which shall not be less than two years but

which may extend to seven years, and shall also be liable to fine.

Explanation.—In this section, “sexual intercourse” shall mean any of the acts mentioned

in clauses (a) to (d) of section 63.

68. Whoever, being—

(a) in a position of authority or in a fiduciary relationship; or

(b) a public servant; or

established by or under any law for the time being in force, or a women’s or children’s

institution; or

(d) on the management of a hospital or being on the staff of a hospital,

abuses such position or fiduciary relationship to induce or seduce any woman either in his

custody or under his charge or present in the premises to have sexual intercourse with him,

such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous

imprisonment of either description for a term which shall not be less than five years, but

which may extend to ten years, and shall also be liable to fine.

Explanation 1.—In this section, “sexual intercourse” shall mean any of the acts

mentioned in clauses (a) to (d) of section 63.

Explanation 2.—For the purposes of this section, Explanation 1 to section 63 shall

also be applicable.

Explanation 3.—“Superintendent”, in relation to a jail, remand home or other place of

custody or a women’s or children’s institution, includes a person holding any other office in

such jail, remand home, place or institution by virtue of which such person can exercise any

authority or control over its inmates.

Explanation 4.—The expressions “hospital” and “women’s or children’s institution”

shall respectively have the same meanings as in clauses (b) and (d) of the Explanation to

sub-section (2) of section 64.

69. Whoever, by deceitful means or by making promise to marry to a woman without

any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse

not amounting to the offence of rape, 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.—“deceitful means” shall include inducement for, or false promise of

employment or promotion, or marrying by suppressing identity.

70. (1) Where a woman is raped by one or more persons constituting a group or acting

in furtherance of a common intention, each of those persons shall be deemed to have committed

the offence of rape and shall be punished with rigorous imprisonment for a term which shall

not be less than twenty years, but which may extend to imprisonment for life which shall

mean imprisonment for the remainder of that person’s natural life, and with fine:

Provided that such fine shall be just and reasonable to meet the medical expenses and

rehabilitation of the victim:

Provided further that any fine imposed under this sub-section shall be paid to the

victim.

(2) Where a woman under eighteen years of age is raped by one or more persons

constituting a group or acting in furtherance of a common intention, each of those persons

shall be deemed to have committed the offence of rape and shall be punished with

imprisonment for life, which shall mean imprisonment for the remainder of that person’s

natural life, and with fine, or with death:

Provided that such fine shall be just and reasonable to meet the medical expenses and

rehabilitation of the victim:

Provided further that any fine imposed under this sub-section shall be paid to the

victim.

71. Whoever has been previously convicted of an offence punishable under

section 64 or section 65 or section 66 or section 70 and is subsequently convicted of an

offence punishable under any of the said sections shall be punished with imprisonment for

life which shall mean imprisonment for the remainder of that person’s natural life, or with

death.

72. (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 64 or section 65 or

section 66 or section 67 or section 68 or section 69 or section 70 or section 71 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

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 Government or the State Government.

73. Whoever prints or publishes any matter in relation to any proceeding before a

Court with respect to an offence referred to in section 72 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.

Of criminal force and assault against woman

74. Whoever assaults or uses criminal force to any woman, intending to outrage or

knowing it to be likely that he will thereby outrage her modesty, shall be punished with

imprisonment of either description for a term which shall not be less than one year but which

may extend to five years, and shall also be liable to fine.

75. (1) A man committing any of the following acts:—

(i) physical contact and advances involving unwelcome and explicit sexual

overtures; or

(ii) a demand or request for sexual favours; or

(iii) showing pornography against the will of a woman; or

(iv) making sexually coloured remarks,

shall be guilty of the offence of sexual harassment.

(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii)

of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend

to three years, or with fine, or with both.

(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall

be punished with imprisonment of either description for a term which may extend to one year,

or with fine, or with both.

76. Whoever assaults or uses criminal force to any woman or abets such act with the

intention of disrobing or compelling her to be naked, shall be punished with imprisonment of

either description for a term which shall not be less than three years but which may extend to

seven years, and shall also be liable to fine.

77. Whoever watches, or captures the image of a woman engaging in a private act in

circumstances where she would usually have the expectation of not being observed either

by the perpetrator or by any other person at the behest of the perpetrator or disseminates

such image shall be punished on first conviction with imprisonment of either description for

a term which shall not be less than one year, but which may extend to three years, and shall

also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment

of either description for a term which shall not be less than three years, but which may extend

to seven years, and shall also be liable to fine.

Explanation 1.—For the purposes of this section, “private act” includes an act of

watching carried out in a place which, in the circumstances, would reasonably be expected to

provide privacy and where the victim’s genitals, posterior or breasts are exposed or covered

only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is

not of a kind ordinarily done in public.

Explanation 2.—Where the victim consents to the capture of the images or any act,

but not to their dissemination to third persons and where such image or act is disseminated,

such dissemination shall be considered an offence under this section.

78. (1) Any man who—

(i) follows a woman and contacts, or attempts to contact such woman to foster

personal interaction repeatedly despite a clear indication of disinterest by such woman; or

(ii) monitors the use by a woman of the internet, e-mail or any other form of

electronic communication,

commits the offence of stalking:

Provided that such conduct shall not amount to stalking if the man who pursued it

proves that—

(i) it was pursued for the purpose of preventing or detecting crime and the man

accused of stalking had been entrusted with the responsibility of prevention and

detection of crime by the State; or

(ii) it was pursued under any law or to comply with any condition or requirement

imposed by any person under any law; or

(iii) in the particular circumstances such conduct was reasonable and justified.

(2) Whoever commits the offence of stalking shall be punished on first conviction with

imprisonment of either description for a term which may extend to three years, and shall also

be liable to fine; and be punished on a second or subsequent conviction, with imprisonment

of either description for a term which may extend to five years, and shall also be liable to fine.

79. Whoever, intending to insult the modesty of any woman, utters any words, makes

any sound or gesture, or exhibits any object in any form, 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 three years, and also with fine.

Of offences relating to marriage

80. (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 purposes of this sub-section, “dowry” shall have the same

meaning as in section 2 of the Dowry Prohibition Act, 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.

81. 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.

82. (1) 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 sub-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.

(2) Whoever commits the offence under sub-section (1) 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.

83. 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.

84. 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, 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.

85. 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.

86. For the purposes of section 85, “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.

87. Whoever kidnaps or abducts any woman with intent that she may be compelled, or

knowing it to be likely that she will be compelled, to marry any person against her will, or in

order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that

she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of

either description for a term which may extend to ten years, and shall also be liable to fine;

and whoever, by means of criminal intimidation as defined in this Sanhita or of abuse of

authority or any other method of compulsion, induces any woman to go from any place with

intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit

intercourse with another person shall also be punishable as aforesaid.

Of causing miscarriage, etc.

88. Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage

be not caused in good faith for the purpose of saving the life of the woman, 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.

89. Whoever commits the offence under section 88 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 ten years, and shall

also be liable to fine.

90. (1) 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 ten years, and shall also be liable to fine.

(2) Where the act referred to in sub-section (1) is done without the consent of the

woman, shall be punishable either with imprisonment for life, or with the punishment specified

in said sub-section.

Explanation.—It is not essential to this offence that the offender should know that

the act is likely to cause death.

91. 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 ten years,

or with fine, or with both.

92. 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 ten 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.

Of offences against child

93. 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.

94. 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.

95. Whoever hires, employs or engages any child to commit an offence shall be

punished with imprisonment of either description which shall not be less than three years

but which may extend to ten years, and with fine; and if the offence be committed shall also

be punished with the punishment provided for that offence as if the offence has been

committed by such person himself.

Explanation.—Hiring, employing, engaging or using a child for sexual exploitation or

pornography is covered within the meaning of this section.

96. Whoever, by any means whatsoever, induces any child to go from any place or to

do any act with intent that such child may be, or knowing that it is likely that such child will

be, forced or seduced to illicit intercourse with another person shall be punishable with

imprisonment which may extend to ten years, and shall also be liable to fine.

97. Whoever kidnaps or abducts any child under the age of ten years with the intention

of taking dishonestly any movable property from the person of such 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.

98. Whoever sells, lets to hire, or otherwise disposes of any child with intent that such

child shall at any age be employed or used for the purpose of prostitution or illicit intercourse

with any person or for any unlawful and immoral purpose, or knowing it to be likely that such

child will at any age be employed or used for any such purpose, 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 1.—When a female under the age of eighteen years is sold, let for hire, or

otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the

person so disposing of such female shall, until the contrary is proved, be presumed to have

disposed of her with the intent that she shall be used for the purpose of prostitution.

Explanation 2.—For the purposes of this section “illicit intercourse” means sexual

intercourse between persons not united by marriage or by any union or tie which, though

not amounting to a marriage, is recognised by the personal law or custom of the community

to which they belong or, where they belong to different communities, of both such

communities, as constituting between them a quasi-marital relation.

99. Whoever buys, hires or otherwise obtains possession of any child with intent that

such child shall at any age be employed or used for the purpose of prostitution or illicit

intercourse with any person or for any unlawful and immoral purpose, or knowing it to be

likely that such child will at any age be employed or used for any such purpose, shall be

punished with imprisonment of either description for a term which shall not be less than

seven years but which may extend to fourteen years, and shall also be liable to fine.

Explanation 1.—Any prostitute or any person keeping or managing a brothel, who

buys, hires or otherwise obtains possession of a female under the age of eighteen years

shall, until the contrary is proved, be presumed to have obtained possession of such female

with the intent that she shall be used for the purpose of prostitution.

Explanation 2.—“Illicit intercourse” has the same meaning as in section 98.

CHAPTER VI

OF OFFENCES AFFECTING THE HUMAN BODY

Of offences affecting life

100. 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.

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.

101. Except in the cases hereinafter excepted, culpable homicide is murder,––

(a) if the act by which the death is caused is done with the intention of causing

death; or

(b) if the act by which the death is caused 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

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

(d) if the person committing the act by which the death is caused, 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. But if A,

not knowing that Z is labouring under any disease, gives him such a blow as would not in the

ordinary course of nature kill a person in a sound state of health, here A, although he may

intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or

such bodily injury as in the ordinary course of nature would cause death.

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.—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:

Provided that the provocation is not,––

(a) sought or voluntarily provoked by the offender as an excuse for killing or

doing harm to any person;

(b) 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;

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, in as much 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.

the arrest, and kills Z. This is murder, in as much 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 before Z, a Magistrate. Z says that he does not believe a

word of A’s deposition, and that A has perjured himself. A is moved to sudden passion by

these words, and kills Z. This is murder.

(e) A attempts to pull Z’s nose. Z, in the exercise of the right of private defence, lays

hold of A to prevent him from doing so. A is moved to sudden and violent passion in

consequence, and kills Z. This is murder, in as much as the provocation was giving by a thing

done in the exercise of the right of private defence.

(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending

to take advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that

purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A

is guilty of murder.

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 only 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’s

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 child to commit suicide. Here, on account of

Z’s youth, he was incapable of giving consent to his own death; A has therefore abetted

murder.

102. 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.

103. (1) Whoever commits murder shall be punished with death or imprisonment for

life, and shall also be liable to fine.

(2) When a group of five or more persons acting in concert commits murder on the

ground of race, caste or community, sex, place of birth, language, personal belief or any

other similar ground each member of such group shall be punished with death or with

imprisonment for life, and shall also be liable to fine.

104. Whoever, being under sentence of imprisonment for life, commits murder, shall be

punished with death or with imprisonment for life, which shall mean the remainder of that

person’s natural life.

105. Whoever commits culpable homicide not amounting to murder, shall be punished

with imprisonment for life, or imprisonment of either description for a term which shall not be

less than five years but which may extend to ten years, and shall also be liable to fine, 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 ten years and with fine, 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.

106. (1) Whoever causes 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 five years, and shall also be liable to fine; and if such act is

done by a registered medical practitioner while performing medical procedure, he 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.— For the purposes of this sub-section, “registered medical practitioner”

means a medical practitioner who possesses any medical qualification recognised under the

National Medical Commission Act, 2019 and whose name has been entered in the National

Medical Register or a State Medical Register under that Act.

(2) Whoever causes death of any person by rash and negligent driving of vehicle not

amounting to culpable homicide, and escapes without reporting it to a police officer or a

Magistrate soon after the incident, shall be punished with imprisonment of either description

of a term which may extend to ten years, and shall also be liable to fine.

107. If any child, any person of unsound mind, any delirious person 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.

108. 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 ten

years, and shall also be liable to fine.

109. (1) 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 ten 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.

(2) When any person offending under sub-section (1) is under sentence of imprisonment

for life, he may, if hurt is caused, be punished with death or with imprisonment for life, which

shall mean the remainder of that person’s natural life.

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.

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 provided by the latter part of

sub-section (1).

(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 the 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.

110. 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.

111. (1) Any continuing unlawful activity including kidnapping, robbery, vehicle

theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking

of persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or

ransom, by any person or a group of persons acting in concert, singly or jointly, either as a

member of an organised crime syndicate or on behalf of such syndicate, by use of violence,

threat of violence, intimidation, coercion, or by any other unlawful means to obtain direct or

indirect material benefit including a financial benefit, shall constitute organised crime.

Explanation.—For the purposes of this sub-section,––

(i) “organised crime syndicate” means a group of two or more persons who,

acting either singly or jointly, as a syndicate or gang indulge in any continuing

unlawful activity;

(ii) “continuing unlawful activity” means an activity prohibited by law which is

a cognizable offence punishable with imprisonment of three years or more, undertaken

by any person, either singly or jointly, as a member of an organised crime syndicate or

on behalf of such syndicate in respect of which more than one charge-sheets have

been filed before a competent Court within the preceding period of ten years and that

Court has taken cognizance of such offence, and includes economic offence;

(iii) “economic offence” includes criminal breach of trust, forgery, counterfeiting

of currency-notes, bank-notes and Government stamps, hawala transaction,

mass-marketing fraud or running any scheme to defraud several persons or doing any

act in any manner with a view to defraud any bank or financial institution or any other

institution or organisation for obtaining monetary benefits in any form.

(2) Whoever commits organised crime shall,—

(a) if such offence has resulted in the death of any person, be punished with

death or imprisonment for life, and shall also be liable to fine which shall not be less

than ten lakh rupees;

(b) in any other case, be punished with imprisonment for a term which shall not

be less than five years but which may extend to imprisonment for life, and shall also

be liable to fine which shall not be less than five lakh rupees.

(3) Whoever abets, attempts, conspires or knowingly facilitates the commission of an

organised crime, or otherwise engages in any act preparatory to an organised crime, shall be

punished with imprisonment for a term which shall not be less than five years but which

may extend to imprisonment for life, and shall also be liable to fine which shall not be less

than five lakh rupees.

(4) Any person who is a member of an organised crime syndicate shall be punished

with imprisonment for a term which shall not be less than five years but which may extend

to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh

rupees.

(5) Whoever, intentionally, harbours or conceals any person who has committed the

offence of an organised crime shall be punished with imprisonment for a term which shall

not be less than three years but which may extend to imprisonment for life, and shall also be

liable to fine which shall not be less than five lakh rupees:

Provided that this sub-section shall not apply to any case in which the harbour or

concealment is by the spouse of the offender.

(6) Whoever possesses any property derived or obtained from the commission of an

organised crime or proceeds of any organised crime or which has been acquired through

the organised crime, shall be punishable with imprisonment for a term which shall not be

less than three years but which may extend to imprisonment for life and shall also be liable

to fine which shall not be less than two lakh rupees.

(7) If any person on behalf of a member of an organised crime syndicate is, or at any

time has been in possession of movable or immovable property which he cannot satisfactorily

account for, shall be punishable with imprisonment for a term which shall not be less than

three years but which may extend to imprisonment for ten years and shall also be liable to

fine which shall not be less than one lakh rupees.

112. (1) Whoever, being a member of a group or gang, either singly or jointly, commits

any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting

or gambling, selling of public examination question papers or any other similar criminal act,

is said to commit petty organised crime.

Explanation.—For the purposes of this sub-section "theft" includes trick theft, theft

from vehicle, dwelling house or business premises, cargo theft, pick pocketing, theft through

card skimming, shoplifting and theft of Automated Teller Machine.

(2) Whoever commits any petty organised crime shall be punished with imprisonment

for a term which shall not be less than one year but which may extend to seven years, and

shall also be liable to fine.

113. (1) Whoever does any act with the intent to threaten or likely to threaten the

unity, integrity, sovereignty, security, or economic security of India or with the intent to

strike terror or likely to strike terror in the people or any section of the people in India or

in any foreign country,––

(a) by using bombs, dynamite or other explosive substance or inflammable

substance or firearms or other lethal weapons or poisonous or noxious gases or other

chemicals or by any other substance (whether biological, radioactive, nuclear or

otherwise) of a hazardous nature or by any other means of whatever nature to cause

or likely to cause,—

(i) death of, or injury to, any person or persons; or

(ii) loss of, or damage to, or destruction of, property; or

(iii) disruption of any supplies or services essential to the life of the

community in India or in any foreign country; or

(iv) damage to, the monetary stability of India by way of production or

smuggling or circulation of counterfeit Indian paper currency, coin or of any

other material; or

(v) damage or destruction of any property in India or in a foreign country

used or intended to be used for the defence of India or in connection with any

other purposes of the Government of India, any State Government or any of

their agencies; or

(b) overawes by means of criminal force or the show of criminal force or attempts

to do so or causes death of any public functionary or attempts to cause death of any

public functionary; or

person or does any other act in order to compel the Government of India, any

State Government or the Government of a foreign country or an international or

inter-governmental organisation or any other person to do or abstain from doing any act,

commit a terrorist act.

Explanation.—For the purpose of this sub-section,—

(a) “public functionary” means the constitutional authorities or any other

functionary notified in the Official Gazette by the Central Government as public

functionary;

(b) “counterfeit Indian currency” means the counterfeit currency as may be

declared after examination by an authorised or notified forensic authority that such

currency imitates or compromises with the key security features of Indian currency.

(2) Whoever commits a terrorist act shall,—

(a) if such offence has resulted in the death of any person, be punished with

death or imprisonment for life, and shall also be liable to fine;

(b) in any other case, be punished with imprisonment for a term which shall not

be less than five years but which may extend to imprisonment for life, and shall also

be liable to fine.

(3) Whoever conspires or attempts to commit, or advocates, abets, advises or incites,

directly or knowingly facilitates the commission of a terrorist act or any act preparatory to

the commission of a terrorist act, shall be punished with imprisonment for a term which shall

not be less than five years but which may extend to imprisonment for life, and shall also be

liable to fine.

(4) Whoever organises or causes to be organised any camp or camps for imparting

training in terrorist act, or recruits or causes to be recruited any person or persons for

commission of a terrorist act, shall be punished with imprisonment for a term which shall not

be less than five years but which may extend to imprisonment for life, and shall also be liable

to fine.

(5) Any person who is a member of an organisation which is involved in terrorist act,

shall be punished with imprisonment for a term which may extend to imprisonment for life,

and shall also be liable to fine.

(6) Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any

person knowing that such person has committed a terrorist act shall be punished with

imprisonment for a term which shall not be less than three years but which may extend to

imprisonment for life, and shall also be liable to fine:

Provided that this sub-section shall not apply to any case in which the harbour or

concealment is by the spouse of the offender.

(7) Whoever knowingly possesses any property derived or obtained from commission

of any terrorist act or acquired through the commission of any terrorist act shall be punished

with imprisonment for a term which may extend to imprisonment for life, and shall also be

liable to fine.

Explanation.—For the removal of doubts, it is hereby declared that the officer not

below the rank of Superintendent of Police shall decide whether to register the case under

this section or under the Unlawful Activities (Prevention) Act, 1967.

Of hurt

114. Whoever causes bodily pain, disease or infirmity to any person is said to cause

hurt.

115. (1) 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”.

(2) Whoever, except in the case provided for by sub-section (1) of section 122 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 ten thousand rupees, or with both.

116. The following kinds of hurt only are designated as “grievous”, namely:––

(a) Emasculation;

(b) Permanent privation of the sight of either eye;

(d) Privation of any member or joint;

(e) Destruction or permanent impairing of the powers of any member or joint;

(f) Permanent disfiguration of the head or face;

(g) Fracture or dislocation of a bone or tooth;

(h) Any hurt which endangers life or which causes the sufferer to be during the

space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits.

117. (1) 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 of 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 fifteen days. A has voluntarily caused grievous hurt.

(2) Whoever, except in the case provided for by sub-section (2) of section 122, 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.

(3) Whoever commits an offence under sub-section (1) and in the course of such

commission causes any hurt to a person which causes that person to be in permanent

disability or in persistent vegetative state, shall be punished with rigorous imprisonment for

a term which shall not be less than ten years but which may extend to imprisonment for life,

which shall mean imprisonment for the remainder of that person’s natural life.

(4) When a group of five or more persons acting in concert, causes grievous hurt to a

person on the ground of his race, caste or community, sex, place of birth, language, personal

belief or any other similar ground, each member of such group shall be guilty of the offence

of causing grievous hurt, and shall be punished with imprisonment of either description for

a term which may extend to seven years, and shall also be liable to fine.

118. (1) Whoever, except in the case provided for by sub-section (1) of section 122,

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 which may extend to twenty thousand rupees, or with both.

(2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily

causes grievous hurt by any means referred to in sub–section (1), shall be punished with

imprisonment for life, or with imprisonment of either description for a term which shall not be

less than one year but which may extend to ten years, and shall also be liable to fine.

119. (1) 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 ten years, and shall also be

liable to fine.

(2) Whoever voluntarily causes grievous hurt for any purpose referred to in

sub-section (1), 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.

120. (1) Whoever voluntarily causes hurt for the purpose of extorting from the sufferer

or from 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.

revenue due from Z. A is guilty of an offence under this section.

(2) Whoever voluntarily causes grievous hurt for any purpose referred to in

sub-section (1), shall be punished with imprisonment of either description for a term which

may extend to ten years, and shall also be liable to fine.

121. (1) 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 five years, or with fine, or with both.

(2) 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 shall not be less than one year but which may extend to ten years, and shall

also be liable to fine.

122. (1) 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 thousand

rupees, or with both.

(2) 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 five years, or with fine which may extend to ten

thousand rupees, or with both.

Explanation.—This section is subject to the same proviso as Exception 1 of

section 101.

123. 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 ten years, and shall also be liable to fine.

124. (1) Whoever causes permanent or partial damage or deformity to, or burns or

maims or disfigures or disables, any part or parts of the body of a person or causes grievous

hurt by throwing acid on or by administering acid to that person, or by using any other

means with the intention of causing or with the knowledge that he is likely to cause such

injury or hurt or causes a person to be in a permanent vegetative state shall be punished with

imprisonment of either description for a term which shall not be less than ten years but which

may extend to imprisonment for life, and with fine:

Provided that such fine shall be just and reasonable to meet the medical expenses of

the treatment of the victim:

Provided further that any fine imposed under this sub-section shall be paid to the

victim.

(2) Whoever throws or attempts to throw acid on any person or attempts to administer

acid to any person, or attempts to use any other means, with the intention of causing

permanent or partial damage or deformity or burns or maiming or disfigurement or disability

or grievous hurt to that person, shall be punished with imprisonment of either description for

a term which shall not be less than five years but which may extend to seven years, and shall

also be liable to fine.

Explanation 1.—For the purposes of this section, “acid” includes any substance

which has acidic or corrosive character or burning nature, that is capable of causing bodily

injury leading to scars or disfigurement or temporary or permanent disability.

Explanation 2.—For the purposes of this section, permanent or partial damage or

deformity or permanent vegetative state shall not be required to be irreversible.

125. 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 thousand five

hundred rupees, or with both, but—

(a) where hurt is caused, 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

thousand rupees, or with both;

(b) where grievous hurt is caused, shall be punished with imprisonment of

either description for a term which may extend to three years, or with fine which may

extend to ten thousand rupees, or with both.

Of wrongful restraint and wrongful confinement

126. (1) 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.

(2) Whoever wrongfully restrains any person shall be punished with simple

imprisonment for a term which may extend to one month, or with fine which may extend to

five thousand rupees, or with both.

127. (1) Whoever wrongfully restrains any person in such a manner as to prevent that

person from proceedings 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.

(2) Whoever wrongfully confines any person shall be punished with imprisonment of

either description for a term which may extend to one year, or with fine which may extend to

five thousand rupees, or with both.

(3) Whoever wrongfully confines any person for three days, or more, shall be punished

with imprisonment of either description for a term which may extend to three years, or with

fine which may extend to ten thousand rupees, or with both.

(4) Whoever wrongfully confines any person for ten days or more, shall be punished

with imprisonment of either description for a term which may extend to five years, and shall

also be liable to fine which shall not be less than ten thousand rupees.

(5) Whoever keeps any person in wrongful confinement, knowing that a writ for the

liberation of that person has been duly issued, shall be punished with imprisonment of either

description for a term which may extend to two years in addition to any term of imprisonment

to which he may be liable under any other section of this Chapter and shall also be liable to

fine.

(6) Whoever wrongfully confines any person in such manner as to indicate an intention

that the confinement of such person may not be known to any person interested in the

person so confined, or to any public servant, or that the place of such confinement may not

be known to or discovered by any such person or public servant as hereinbefore mentioned,

shall be punished with imprisonment of either description for a term which may extend to

three years in addition to any other punishment to which he may be liable for such wrongful

confinement and shall also be liable to fine.

(7) Whoever wrongfully confines any person for the purpose of extorting from the

person confined, or from any person interested in the person confined, any property or

valuable security or of constraining the person confined or any person interested in such

person to do anything illegal or to give any information which may facilitate the commission

of an offence, shall be punished with imprisonment of either description for a term which may

extend to three years, and shall also be liable to fine.

(8) Whoever wrongfully confines any person for the purpose of extorting from the

person confined or any person interested in the person confined any confession or any

information which may lead to the detection of an offence or misconduct, or for the purpose

of constraining the person confined or any person interested in the person confined 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 three years, and shall also be liable to fine.

Of criminal force and assault

128. A person is said to use force to another if he causes motion, change of motion, or

cessation of motion to that other, or if he causes to any substance such motion, or change of

motion, or cessation of motion as brings that substance into contact with any part of that

other’s body, or with anything which that other is wearing or carrying, or with anything so

situated that such contact affects that other’s sense of feeling:

Provided that the person causing the motion, or change of motion, or cessation of

motion, causes that motion, change of motion, or cessation of motion in one of the following

three ways, namely:––

(a) by his own bodily power;

(b) by disposing any substance in such a manner that the motion or change or

cessation of motion takes place without any further act on his part, or on the part of

any other person;

129. Whoever intentionally uses force to any person, without that person’s consent,

in order to the committing of any offence, or intending by the use of such force to cause, or

knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to

the person to whom the force is used, is said to use criminal force to that other.

Illustrations.

(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus

intentionally causes the boat to drift down the stream. Here A intentionally causes motion to

Z, and he does this by disposing substances in such a manner that the motion is produced

without any other action on any person’s part. A has therefore intentionally used force to Z;

and if he has done so without Z’s consent, in order to the committing of any offence, or

intending or knowing it to be likely that this use of force will cause injury, fear or annoyance

to Z, A has used criminal force to Z.

(b) Z is riding in a chariot. A lashes Z’s horses, and thereby causes them to quicken

their pace. Here A has caused change of motion to Z by inducing the animals to change their

motion. A has therefore used force to Z; and if A has done this without Z’s consent, intending

or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal

force to Z.

palanquin. Here A has caused cessation of motion to Z, and he has done this by his own

bodily power. A has therefore used force to Z; and as A has acted thus intentionally, without

Z’s consent, in order to the commission of an offence. A has used criminal force to Z.

(d) A intentionally pushes against Z in the street. Here A has by his own bodily power

moved his own person so as to bring it into contact with Z. He has therefore intentionally

used force to Z; and if he has done so without Z’s consent, intending or knowing it to be

likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z.

(e) A throws a stone, intending or knowing it to be likely that the stone will be thus

brought into contact with Z, or with Z’s clothes, or with something carried by Z, or that it will

strike water and dash up the water against Z’s clothes or something carried by Z. Here, if the

throwing of the stone produce the effect of causing any substance to come into contact with

Z, or Z’s clothes, A has used force to Z, and if he did so without Z’s consent, intending

thereby to injure, frighten or annoy Z, he has used criminal force to Z.

(f) A intentionally pulls up a woman’s veil. Here A intentionally uses force to her, and if

he does so without her consent intending or knowing it to be likely that he may thereby

injure, frighten or annoy her, he has used criminal force to her.

(g) Z is bathing. A pours into the bath water which he knows to be boiling. Here A

intentionally by his own bodily power causes such motion in the boiling water as brings that

water into contact with Z, or with other water so situated that such contact must affect Z’s

sense of feeling; A has therefore intentionally used force to Z; and if he has done this

without Z’s consent intending or knowing it to be likely that he may thereby cause injury,

fear or annoyance to Z, A has used criminal force.

(h) A incites a dog to spring upon Z, without Z’s consent. Here, if A intends to cause

injury, fear or annoyance to Z, he uses criminal force to Z.

130. Whoever makes any gesture, or any preparation intending or knowing it to be

likely that such gesture or preparation will cause any person present to apprehend that he

who makes that gesture or preparation is about to use criminal force to that person, is said to

commit an assault.

Explanation.—Mere words do not amount to an assault. But the words which a

person uses may give to his gestures or preparation such a meaning as may make those

gestures or preparations amount to an assault.

Illustrations.

(a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause

Z to believe that A is about to strike Z. A has committed an assault.

(b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be

likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A

has committed an assault upon Z.

used by A could in no case amount to an assault, and though the mere gesture, unaccompanied

by any other circumstances, might not amount to an assault, the gesture explained by the

words may amount to an assault.

131. Whoever assaults or uses criminal force to any person otherwise than on grave

and sudden provocation given by that person, shall be punished with imprisonment of either

description for a term which may extend to three months, or with fine which may extend to

one thousand rupees, or with both.

Explanation 1.—Grave and sudden provocation will not mitigate the punishment for

an offence under this section,—

(a) if the provocation is sought or voluntarily provoked by the offender as an

excuse for the offence; or

(b) if the provocation is 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; or

of private defence.

Explanation 2.—Whether the provocation was grave and sudden enough to mitigate

the offence, is a question of fact.

132. Whoever assaults or uses criminal force to any person being a public servant in

the execution of his duty as such public servant, or with intent to prevent or deter that

person from discharging his duty as such public servant, or in consequence of anything

done or attempted to be done by such 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 two years, or with fine, or with both.

133. Whoever assaults or uses criminal force to any person, intending thereby to

dishonour that person, otherwise than on grave and sudden provocation given by that

person, shall be punished with imprisonment of either description for a term which may

extend to two years, or with fine, or with both.

134. Whoever assaults or uses criminal force to any person, in attempting to commit

theft on any property which that person is then wearing or carrying, shall be punished with

imprisonment of either description for a term which may extend to two years, or with fine, or

with both.

135. Whoever assaults or uses criminal force to any person, in attempting wrongfully

to confine that person, shall be punished with imprisonment of either description for a term

which may extend to one year, or with fine which may extend to five thousand rupees, or with

both.

136. Whoever assaults or uses criminal force to any person on grave and sudden

provocation given by that person, shall be punished with simple imprisonment for a term

which may extend to one month, or with fine which may extend to one thousand rupees, or

with both.

Explanation.—This section is subject to the same Explanation as section 131.

Of kidnapping, abduction, slavery and forced labour

137. (1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from

lawful guardianship––

(a) whoever conveys any person beyond the limits of India without the consent

of that person, or of some person legally authorised to consent on behalf of that

person, is said to kidnap that person from India;

(b) whoever takes or entices any child or any person of unsound mind, out of the

keeping of the lawful guardian of such child or person of unsound mind, without the

consent of such guardian, is said to kidnap such child or person from lawful

guardianship.

Explanation.––The words “lawful guardian” in this clause include any person

lawfully entrusted with the care or custody of such child or other person.

Exception.—This clause does not extend to the act of any person who in good

faith believes himself to be the father of an illegitimate child, or who in good faith

believes himself to be entitled to the lawful custody of such child, unless such act is

committed for an immoral or unlawful purpose.

(2) Whoever kidnaps any person from India or from lawful guardianship shall be

punished with imprisonment of either description for a term which may extend to seven

years, and shall also be liable to fine.

138. Whoever by force compels, or by any deceitful means induces, any person to go

from any place, is said to abduct that person.

139. (1) Whoever kidnaps any child or, not being the lawful guardian of such child,

obtains the custody of the child, in order that such child may be employed or used for the

purposes of begging shall be punishable with rigorous imprisonment for a term which shall

not be less than ten years but which may extend to imprisonment for life, and shall also be

liable to fine.

(2) Whoever maims any child in order that such child may be employed or used for the

purposes of begging shall be punishable with imprisonment which shall not be less than

twenty years, but which may extend to life which shall mean imprisonment for the remainder

of that person’s natural life, and with fine.

(3) Where any person, not being the lawful guardian of a child employs or uses such

child for the purposes of begging, it shall be presumed, unless the contrary is proved, that he

kidnapped or otherwise obtained the custody of such child in order that such child might be

employed or used for the purposes of begging.

(4) In this section “begging” means—

(i) soliciting or receiving alms in a public place, whether under the pretence of

singing, dancing, fortune telling, performing tricks or selling articles or otherwise;

(ii) entering on any private premises for the purpose of soliciting or receiving

alms;

(iii) exposing or exhibiting, with the object of obtaining or extorting alms, any

sore, wound, injury, deformity or disease, whether of himself or of any other person or

of an animal;

(iv) using such child as an exhibit for the purpose of soliciting or receiving alms.

140. (1) Whoever kidnaps or abducts any person in order that such person may be

murdered or may be so disposed of as to be put in danger of being murdered, shall be

punished with imprisonment for life or rigorous imprisonment for a term which may extend to

ten years, and shall also be liable to fine.

Illustrations.

(a) A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed

to an idol. A has committed the offence defined in this section.

(b) A forcibly carries or entices B away from his home in order that B may be murdered.

A has committed the offence defined in this section.

(2) Whoever kidnaps or abducts any person or keeps a person in detention after such

kidnapping or abduction, and threatens to cause death or hurt to such person, or by his

conduct gives rise to a reasonable apprehension that such person may be put to death or

hurt, or causes hurt or death to such person in order to compel the Government or any

foreign State or international inter-governmental organisation or any other person to do or

abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment

for life, and shall also be liable to fine.

(3) Whoever kidnaps or abducts any person with intent to cause that person to be

secretly and wrongfully confined, shall be punished with imprisonment of either description

for a term which may extend to seven years, and shall also be liable to fine.

(4) Whoever kidnaps or abducts any person in order that such person may be subjected,

or may be so disposed of as to be put in danger of being subjected to grievous hurt, or

slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will

be so subjected or disposed of, shall be punished with imprisonment of either description for

a term which may extend to ten years, and shall also be liable to fine.

141. Whoever imports into India from any country outside India any girl under the age

of twenty-one years or any boy under the age of eighteen years with intent that girl or boy

may be, or knowing it to be likely that girl or boy will be, forced or seduced to illicit intercourse

with another person, shall be punishable with imprisonment which may extend to ten years

and shall also be liable to fine.

142. Whoever, knowing that any person has been kidnapped or has been abducted,

wrongfully conceals or confines such person, shall be punished in the same manner as if he

had kidnapped or abducted such person with the same intention or knowledge, or for the

same purpose as that with or for which he conceals or detains such person in confinement.

143. (1) Whoever, for the purpose of exploitation recruits, transports, harbours, transfers,

or receives a person or persons, by—

(a) using threats; or

(b) using force, or any other form of coercion; or

(d) by practising fraud, or deception; or

(e) by abuse of power; or

(f) by inducement, including the giving or receiving of payments or benefits, in

order to achieve the consent of any person having control over the person recruited,

transported, harboured, transferred or received,

commits the offence of trafficking.

Explanation 1.—The expression “exploitation” shall include any act of physical

exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude,

beggary or forced removal of organs.

Explanation 2.—The consent of the victim is immaterial in determination of the offence

of trafficking.

(2) Whoever commits the offence of trafficking shall be punished with rigorous

imprisonment for a term which shall not be less than seven years, but which may extend to

ten years, and shall also be liable to fine.

(3) Where the offence involves the trafficking of more than one person, it shall be

punishable with rigorous imprisonment for a term which shall not be less than ten years but

which may extend to imprisonment for life, and shall also be liable to fine.

(4) Where the offence involves the trafficking of a child, it shall be punishable with

rigorous imprisonment for a term which shall not be less than ten years, but which may

extend to imprisonment for life, and shall also be liable to fine.

(5) Where the offence involves the trafficking of more than one child, it shall be

punishable with rigorous imprisonment for a term which shall not be less than fourteen

years, but which may extend to imprisonment for life, and shall also be liable to fine.

(6) If a person is convicted of the offence of trafficking of a child on more than one

occasion, then such person shall be punished with imprisonment for life, which shall mean

imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.

(7) When a public servant or a police officer is involved in the trafficking of any person

then, such public servant or police officer shall be punished with imprisonment for life, which

shall mean imprisonment for the remainder of that person’s natural life, and shall also be

liable to fine.

144. (1) Whoever, knowingly or having reason to believe that a child has been trafficked,

engages such child for sexual exploitation in any manner, shall be punished with rigorous

imprisonment for a term which shall not be less than five years, but which may extend to ten

years, and shall also be liable to fine.

(2) Whoever, knowingly or having reason to believe that a person has been trafficked,

engages such person for sexual exploitation in any manner, shall be punished with rigorous

imprisonment for a term which shall not be less than three years, but which may extend to

seven years, and shall also be liable to fine.

145. Whoever habitually imports, exports, removes, buys, sells, traffics or deals in

slaves, shall be punished with imprisonment for life, or with imprisonment of either description

for a term not exceeding ten years, and shall also be liable to fine.

146. Whoever unlawfully compels any person to labour against the will 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.

CHAPTER VII

OF OFFENCES AGAINST THE STATE

147. 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.

148. Whoever within or without and beyond India conspires to commit any of the

offences punishable by section 147, 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 shall take place in pursuance thereof.

149. Whoever collects men, arms or ammunition or otherwise prepares to wage war

with the intention of either waging 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.

150. 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.

151. 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 wrongfully

to 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.

152. Whoever, purposely or knowingly, by words, either spoken or written, or by

signs, or by visible representation, or by electronic communication or by use of financial

mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive

activities, or encourages feelings of separatist activities or endangers sovereignty or unity

and integrity of India; or indulges in or commits any such act shall be punished with

imprisonment for life or with imprisonment which may extend to seven years, and shall also

be liable to fine.

Explanation.––Comments expressing disapprobation of the measures, or administrative

or other action of the Government with a view to obtain their alteration by lawful means

without exciting or attempting to excite the activities referred to in this section do not constitute

an offence under this section.

153. Whoever wages war against the Government of any foreign State 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.

154. Whoever commits depredation, or makes preparations to commit depredation, on

the territories of any foreign State 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.

155. Whoever receives any property knowing the same to have been taken in the

commission of any of the offences mentioned in sections 153 and 154, 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.

156. Whoever, being a public servant and having the custody of any State prisoner or

prisoner of war, voluntarily allows such prisoner to escape from any place in which such

prisoner is confined, 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.

157. Whoever, being a public servant and having the custody of any State prisoner or

prisoner of war, negligently suffers such prisoner to escape from any place of confinement in

which such prisoner is confined, shall be punished with simple imprisonment for a term

which may extend to three years, and shall also be liable to fine.

158. 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.—A State prisoner or prisoner of war, who is permitted to be at large on

his parole within certain limits in India, is said to escape from lawful custody if he goes

beyond the limits within which he is allowed to be at large.

CHAPTER VIII

OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE

159. 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 ten years, and shall also be liable to fine.

160. 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 ten years, and shall also be

liable to fine.

161. 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.

162. 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.

163. 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.

164. 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 the spouse of the deserter.

165. 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 three thousand

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.

166. 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 two years, or with

fine, or with both.

167. No person subject to the Air Force Act, 1950, the Army Act, 1950 and the Navy

Act, 1957, or shall be subject to punishment under this Sanhita for any of the offences

defined in this Chapter.

168. Whoever, not being a soldier, sailor or airman in the Army, 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 two thousand

rupees, or with both.

CHAPTER IX

OF OFFENCES RELATING TO ELECTIONS

169. 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.

170. (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.

171. (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 become or 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 or

a legal right without intent to interfere with an electoral right, shall not be deemed to be

interference within the meaning of this section.

172. Whoever at an election applies for a voting paper on 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.

173. 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.

174. 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.

175. 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.

176. 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 ten thousand 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.

177. 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 thousand

rupees.

CHAPTER X

OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS

178. Whoever counterfeits, or knowingly performs any part of the process

of counterfeiting, any coin, stamp issued by Government for the purpose of revenue,

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 ten years, and shall also be liable to fine.

Explanation.—For the purposes of this Chapter,—

(1) 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;

(2) “coin” shall have the same meaning as assigned to it in section 2 of the

Coinage Act, 2011 and includes metal used for the time being as money and is stamped

and issued by or under the authority of any State or Sovereign Power intended to be

so used;

(3) a person commits the offence of “counterfeiting Government stamp” who

counterfeits by causing a genuine stamp of one denomination to appear like a genuine

stamp of a different denomination;

(4) a person commits the offence of counterfeiting coin 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; and

(5) the offence of “counterfeiting coin” includes diminishing the weight or

alteration of the composition, or alteration of the appearance of the coin.

179. Whoever imports or exports, or sells or delivers to, or buys or receives from, any

other person, or otherwise traffics or uses as genuine, any forged or counterfeit coin, stamp,

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 ten years, and shall also be liable to fine.

180. Whoever has in his possession any forged or counterfeit coin, stamp,

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.—If a person establishes the possession of the forged or counterfeit

coin, stamp, currency-note or bank-note to be from a lawful source, it shall not constitute an

offence under this section.

181. Whoever makes or mends, or performs any part of the process of making or

mending, or buys or sells or disposes of, or has in his possession, any machinery, die, or

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 coin, stamp issued by

Government for the purpose of revenue, 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 ten years, and shall also be liable to fine.

182. (1) 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 three hundred rupees.

(2) If any person, whose name appears on a document the making of which is an

offence under sub-section (1), refuses, without lawful excuse, to disclose to a police officer

on being so required the name and address of the person by whom it was printed or otherwise

made, he shall be punished with fine which may extend to six hundred rupees.

(3) Where the name of any person appears on any document in respect of which any

person is charged with an offence under sub-section (1) or on any other document used or

distributed in connection with that document it may, until the contrary is proved, be presumed

that the person caused the document to be made.

183. 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.

184. 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.

185. 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

knowingly has in his possession or sells or disposes of any such stamp from which such

mark has been erased or removed, or sells or disposes of any such stamp which he knows to

have been used, shall be punished with imprisonment of either description for a term which

may extend to three years, or with fine, or with both.

186. (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

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 178 to 181 (both inclusive), and sections 183 to

185 (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 clause (12) of section 2, be deemed to include the person or persons authorised

by law to administer executive Government in any part of India or in any foreign country.

187. 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.

188. 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.

CHAPTER XI

OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

189. (1) An assembly of five or more persons is designated an “unlawful assembly”, if

the common object of the persons composing that assembly is—

(a) to overawe by criminal force, or show of criminal force, the Central Government

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

(b) to resist the execution of any law, or of any legal process; or

(d) 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

(e) 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.

(2) 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 and such member shall be punished with imprisonment of either description for a

term which may extend to six months, or with fine, or with both.

(3) 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.

(4) 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.

(5) 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

sub-section (1), the offender shall be punishable under sub-section (3).

(6) 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.

(7) 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.

(8) 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 sub-section (1), shall be punished with imprisonment

of either description for a term which may extend to six months, or with fine, or with both.

(9) Whoever, being so engaged or hired as referred to in sub-section (8), 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.

190. 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.

191. (1) 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.

(2) 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.

(3) 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 five years, or with fine, or

with both.

192.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.

193. (1) 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 in his or their power to the officer in charge at the nearest

police station, and do not, in the case of his or their having reason to believe that it was about

to be committed, use all lawful means in his or their power to prevent it and, in the event of its

taking place, do not use all lawful means in his or their power to disperse or suppress the riot

or unlawful assembly.

(2) 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

respectively use all lawful means in his or their power to prevent such assembly or riot from

taking place, and for suppressing and dispersing the same.

(3) 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.

194. (1) When two or more persons, by fighting in a public place, disturb the public

peace, they are said to commit an affray.

(2) 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 thousand

rupees, or with both.

195. (1) Whoever assaults or obstructs any public servant or uses criminal force on

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, shall be punished with

imprisonment of either description for a term which may extend to three years, or with fine

which shall not be less than twenty-five thousand rupees, or with both.

(2) Whoever threatens to assault or attempts to obstruct any public servant or threatens

or attempts to use criminal force to 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, shall be punished with imprisonment of either description for a term which may extend

to one year, or with fine, or with both.

196. (1) Whoever—

(a) by words, either spoken or written, or by signs or by visible representations

or through electronic communication 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

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 any reason whatsoever causes or is likely to cause fear or alarm or a feeling of

insecurity amongst members of such religious, racial, language or regional group or

caste or community,

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

both.

(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.

197. (1) Whoever, by words either spoken or written or by signs or by visible

representations or through electronic communication 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

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; or

(d) makes or publishes false or misleading information, jeopardising the

sovereignty, unity and integrity or security of India,

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

both.

(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.

CHAPTER XII

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

198. 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, 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.

199. 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

section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable

offence punishable under section 64, section 65, section 66, section 67, section 68,

section 70, section 71, section 74, section 76, section 77, section 79, section 124,

section 143 or section 144,

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.

200. 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 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be

punished with imprisonment for a term which may extend to one year, or with fine, or with

both.

201. 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.

202. 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 or with community service.

203. 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.

204. 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 shall not be less than

six months but which may extend to three years and with fine.

205. Whoever, not belonging to a certain class of public servants, wears any garb or

carries any token resembling any garb or token used by that class of public servants, with

the intention that it may be believed, or with the knowledge that it is likely to be believed, that

he belongs to that class of public servants, 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 thousand rupees, or with both.

CHAPTER XIII

OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

206. 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,––

(a) shall be punished with simple imprisonment for a term which may extend to

one month, or with fine which may extend to five thousand rupees, or with both;

(b) where such 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 shall be punished with simple

imprisonment for a term which may extend to six months, or with fine which may extend

to ten thousand rupees, or with both.

207. 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,––

(a) shall be punished with simple imprisonment for a term which may extend to

one month, or with fine which may extend to five thousand rupees, or with both;

(b) where 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, with simple

imprisonment for a term which may extend to six months, or with fine which may extend

to ten thousand rupees, or with both.

208. 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,––

(a) shall be punished with simple imprisonment for a term which may extend to

one month, or with fine which may extend to five thousand rupees, or with both;

(b) where the summons, notice, order or proclamation is to attend in person or by

agent in a Court with simple imprisonment for a term which may extend to six months,

or with fine which may extend to ten thousand rupees, or with both.

Illustrations.

(a) A, being legally bound to appear before a High Court, 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.

209. Whoever fails to appear at the specified place and the specified time as required

by a proclamation published under sub-section (1) of section 84 of the Bharatiya Nagarik

Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to

three years, or with fine, or with both, or with community service, 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.

210. 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,––

(a) shall be punished with simple imprisonment for a term which may extend to

one month, or with fine which may extend to five thousand rupees, or with both;

(b) and where the document or electronic record is to be produced or delivered

up to a Court with simple imprisonment for a term which may extend to six months, or

with fine which may extend to ten 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.

211. 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,––

(a) shall be punished with simple imprisonment for a term which may extend to

one month, or with fine which may extend to five thousand rupees, or with both;

(b) where 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 ten thousand

rupees, or with both;

passed under section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023 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.

212. 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,––

(a) shall be punished with simple imprisonment for a term which may extend to

six months, or with fine which may extend to five thousand rupees, or with both;

(b) where 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 legally bound 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 this section.

Explanation.—In section 211 and in this section the word “offence” include any act

committed at any place out of India, which, if committed in India, would be punishable

under any of the following sections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of

section 309, sub-sections (2), (3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of

section 326, sub-sections (4), (6), (7) and (8) of section 331, clauses (a) and (b) of

section 332 and the word “offender” includes any person who is alleged to have been

guilty of any such act.

213. 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 five thousand rupees, or with both.

214. 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 five thousand rupees, or with both.

215. 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 three thousand rupees, or with both.

216. Whoever, being legally bound by an oath or affirmation to state the truth on

any subject to any public servant or other person authorised 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.

217. 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

one year, or with fine which may extend to ten 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.

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 institute searches in the village to the annoyance of the

villagers or some of them. A has committed an offence under this section.

218. 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 ten thousand rupees, or with

both.

219. 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 thousand rupees, or with both.

220. 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.

221. 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 two thousand and

five hundred rupees, or with both.

222. 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,––

(a) shall be punished with simple imprisonment for a term which may extend

to one month, or with fine which may extend to two thousand and five hundred

rupees, or with both;

(b) and where 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 or of preventing the commission of an offence, or 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

thousand rupees, or with both.

223. 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 order with certain property in his possession or under his management, disobeys

such direction,––

(a) 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 six months, or

with fine which may extend to two thousand and five hundred rupees, or with both;

(b) and where 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 one year, or

with fine which may extend to five 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.

224. 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.

225. 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.

226. Whoever attempts to commit suicide with the intent to compel or restrain any

public servant from discharging his official duty shall be punished with simple imprisonment

for a term which may extend to one year, or with fine, or with both, or with community

service.

CHAPTER XIV

OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

227. Whoever, being legally bound by an oath or by an express provision of law to

state the truth, or being bound by law to make a declaration upon any subject, makes any

statement which is false, and which he either knows or believes to be false or does not

believe to be true, is said to give false evidence.

Explanation 1.—A statement is within the meaning of this section, whether it is

made verbally or otherwise.

Explanation 2.—A false statement as to the belief of the person attesting is within

the meaning of this section, and a person may be guilty of giving false evidence by

stating that he believes a thing which he does not believe, as well as by stating that he

knows a thing which he does not know.

Illustrations.

(a) A, in support of a just claim which B has against Z for one thousand rupees,

falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false

evidence.

(b) A, being bound by an oath to state the truth, states that he believes a certain

signature to be the handwriting of Z, when he does not believe it to be the handwriting of

Z. Here A states that which he knows to be false, and therefore gives false evidence.

certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A’s

statement is merely as to his belief, and is true as to his belief, and therefore, although the

signature may not be the handwriting of Z, A has not given false evidence.

(d) A, being bound by an oath to state the truth, states that he knows that Z was at

a particular place on a particular day, not knowing anything upon the subject. A gives

false evidence whether Z was at that place on the day named or not.

(e) A, an interpreter or translator, gives or certifies as a true interpretation or

translation of a statement or document which he is bound by oath to interpret or translate

truly, that which is not and which he does not believe to be a true interpretation or

translation. A has given false evidence.

228. Whoever causes any circumstance to exist or makes any false entry in any

book or record, or electronic record or makes any document or electronic record containing

a false statement, intending that such circumstance, false entry or false statement may

appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public

servant as such, or before an arbitrator, and that such circumstance, false entry or false

statement, so appearing in evidence, may cause any person who in such proceeding is to

form an opinion upon the evidence, to entertain an erroneous opinion touching any point

material to the result of such proceeding is said “to fabricate false evidence”.

Illustrations.

(a) A puts jewels into a box belonging to Z, with the intention that they may be

found in that box, and that this circumstance may cause Z to be convicted of theft. A has

fabricated false evidence.

(b) A makes a false entry in his shop-book for the purpose of using it as corroborative

evidence in a Court. A has fabricated false evidence.

a letter in imitation of Z’s handwriting, purporting to be addressed to an accomplice in

such criminal conspiracy, and puts the letter in a place which he knows that the officers of

the police are likely to search. A has fabricated false evidence.

229. (1) Whoever intentionally gives false evidence in any stage of a judicial

proceeding, or fabricates false evidence for the purpose of being used in any stage of a

judicial proceeding, shall be punished with imprisonment of either description for a term

which may extend to seven years, and shall also be liable to fine which may extend to ten

thousand rupees.

(2) Whoever intentionally gives or fabricates false evidence in any case other than

that referred to in sub-section (1), shall be punished with imprisonment of either description

for a term which may extend to three years, and shall also be liable to fine which may

extend to five thousand rupees.

Explanation 1.—A trial before a Court-martial is a judicial proceeding.

Explanation 2.—An investigation directed by law preliminary to a proceeding before

a Court, is a stage of a judicial proceeding, though that investigation may not take place

before a Court.

Illustration.

A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z

ought to be committed for trial, makes on oath a statement which he knows to be false. As

this enquiry is a stage of a judicial proceeding, A has given false evidence.

Explanation 3.—An investigation directed by a Court according to law, and

conducted under the authority of a Court, is a stage of a judicial proceeding, though that

investigation may not take place before a Court.

Illustration.

A, in an enquiry before an officer deputed by a Court to ascertain on the spot the

boundaries of land, makes on oath a statement which he knows to be false. As this

enquiry is a stage of a judicial proceeding, A has given false evidence.

230. (1) Whoever gives or fabricates false evidence, intending thereby to cause, or

knowing it to be likely that he will thereby cause, any person to be convicted of an

offence which is capital by the law for the time being in force in India shall be punished

with imprisonment for life, or with rigorous imprisonment for a term which may extend to

ten years, and shall also be liable to fine which may extend to fifty thousand rupees.

(2) If an innocent person be convicted and executed in consequence of false evidence

referred to in sub-section (1), the person who gives such false evidence shall be punished

either with death or the punishment specified in sub-section (1).

231. Whoever gives or fabricates false evidence intending thereby to cause, or

knowing it to be likely that he will thereby cause, any person to be convicted of an

offence which by the law for the time being in force in India is not capital, but punishable

with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be

punished as a person convicted of that offence would be liable to be punished.

Illustration.

A gives false evidence before a Court, intending thereby to cause Z to be convicted

of a dacoity. The punishment of dacoity is imprisonment for life, or rigorous imprisonment

for a term which may extend to ten years, with or without fine. A, therefore, is liable to

imprisonment for life or imprisonment, with or without fine.

232. (1) 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 that person to give false evidence shall be punished with imprisonment of

either description for a term which may extend to seven years, or with fine, or with both.

(2) If innocent person is convicted and sentenced in consequence of false evidence

referred to in sub-section (1), with death or imprisonment for more than seven years, the

person who threatens shall be punished with the same punishment and sentence in the

same manner and to the same extent such innocent person is punished and sentenced.

233. Whoever corruptly uses or attempts to use as true or genuine evidence any

evidence which he knows to be false or fabricated, shall be punished in the same manner

as if he gave or fabricated false evidence.

234. Whoever issues or signs any certificate required by law to be given or signed,

or relating to any fact of which such certificate is by law admissible in evidence, knowing

or believing that such certificate is false in any material point, shall be punished in the

same manner as if he gave false evidence.

235. Whoever corruptly uses or attempts to use any such certificate as a true

certificate, knowing the same to be false in any material point, shall be punished in the

same manner as if he gave false evidence.

236. Whoever, in any declaration made or subscribed by him, which declaration any

Court or any public servant or other person, is bound or authorised by law to receive as

evidence of any fact, makes any statement which is false, and which he either knows or

believes to be false or does not believe to be true, touching any point material to the

object for which the declaration is made or used, shall be punished in the same manner as

if he gave false evidence.

237. Whoever corruptly uses or attempts to use as true any such declaration,

knowing the same to be false in any material point, shall be punished in the same manner

as if he gave false evidence.

Explanation.—A declaration which is inadmissible merely upon the ground of some

informality, is a declaration within the meaning of section 236 and this section.

238. Whoever, knowing or having reason to believe that an offence has been

committed, causes any evidence of the commission of that offence to disappear, with the

intention of screening the offender from legal punishment, or with that intention gives any

information respecting the offence which he knows or believes to be false shall,—

(a) if the offence which he knows or believes to have been committed is

punishable with death, be punished with imprisonment of either description for a

term which may extend to seven years, and shall also be liable to fine;

(b) if the offence is punishable with imprisonment for life, or with imprisonment

which may extend to ten years, be punished with imprisonment of either description

for a term which may extend to three years, and shall also be liable to fine;

to ten years, be punished with imprisonment of the description provided for the

offence, for a term which may extend to one-fourth part of the longest term of the

imprisonment provided for the offence, or with fine, or with both.

Illustration.

A, knowing that B has murdered Z, assists B to hide the body with the intention of

screening B from punishment. A is liable to imprisonment of either description for seven

years, and also to fine.

239. Whoever, knowing or having reason to believe that an offence has been

committed, intentionally omits to give any information respecting that offence which he is

legally bound to give, 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 thousand rupees,

or with both.

240. Whoever, knowing or having reason to believe that an offence has been

committed, gives any information respecting that offence which he knows or believes to

be false, shall be punished with imprisonment of either description for a term which may

extend to two years, or with fine, or with both.

Explanation.—In sections 238 and 239 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, 103, 105, 307, sub-sections (2),

(3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of section 310, 311, 312,

clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331,

clauses (a) and (b) of section 332.

241. Whoever secretes or destroys any document or electronic record which he

may be lawfully compelled to produce as evidence in a Court or in any proceeding

lawfully held before a public servant, as such, or obliterates or renders illegible the whole

or any part of such document or electronic record with the intention of preventing the

same from being produced or used as evidence before such Court or public servant as

aforesaid, or after he shall have been lawfully summoned or required to produce the same

for that purpose, shall be punished with imprisonment of either description for a term

which may extend to three years, or with fine which may extend to five thousand rupees,

or with both.

242. Whoever falsely personates another, and in such assumed character makes

any admission or statement, or confesses judgment, or causes any process to be issued or

becomes bail or security, or does any other act in any suit or criminal prosecution, shall be

punished with imprisonment of either description for a term which may extend to three

years, or with fine, or with both.

243. Whoever fraudulently removes, conceals, transfers or delivers to any person

any property or any interest therein, intending thereby to prevent that property or interest

therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which

has been pronounced, or which he knows to be likely to be pronounced, by a Court or

other competent authority, or from being taken in execution of a decree or order which has

been made, or which he knows to be likely to be made by a Court in a civil suit, shall be

punished with imprisonment of either description for a term which may extend to three

years, or with fine which may extend to five thousand rupees, or with both.

244. Whoever fraudulently accepts, receives or claims any property or any interest

therein, knowing that he has no right or rightful claim to such property or interest, or

practises any deception touching any right to any property or any interest therein,

intending thereby to prevent that property or interest therein from being taken as a forfeiture

or in satisfaction of a fine, under a sentence which has been pronounced, or which he

knows to be likely to be pronounced by a Court or other competent authority, or from

being taken in execution of a decree or order which has been made, or which he knows to

be likely to be made by a Court in a civil suit, shall be punished with imprisonment of

either description for a term which may extend to two years, or with fine, or with both.

245. Whoever fraudulently causes or suffers a decree or order to be passed against

him at the suit of any person for a sum not due or for a larger sum than is due to such

person or for any property or interest in property to which such person is not entitled, or

fraudulently causes or suffers a decree or order to be executed against him after it has

been satisfied, or for anything in respect of which it has been satisfied, shall be punished

with imprisonment of either description for a term which may extend to two years, or with

fine, or with both.

Illustration.

A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against

him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of

B, who has no just claim against him, in order that B, either on his own account or for the

benefit of Z, may share in the proceeds of any sale of Z’s property which may be made

under A’s decree. Z has committed an offence under this section.

246. Whoever fraudulently or dishonestly, or with intent to injure or annoy any

person, makes in a Court any claim which he knows to be false, shall be punished with

imprisonment of either description for a term which may extend to two years, and shall

also be liable to fine.

247. Whoever fraudulently obtains a decree or order against any person for a sum

not due, or for a larger sum than is due or for any property or interest in property to which

he is not entitled, or fraudulently causes a decree or order to be executed against any

person after it has been satisfied or for anything in respect of which it has been satisfied,

or fraudulently suffers or permits any such act to be done in his name, shall be punished

with imprisonment of either description for a term which may extend to two years, or with

fine, or with both.

248. Whoever, with intent to cause injury to any person, institutes or causes to be

instituted any criminal proceeding against that person, or falsely charges any person with

having committed an offence, knowing that there is no just or lawful ground for such

proceeding or charge against that person,—

(a) shall be punished with imprisonment of either description for a term which

may extend to five years, or with fine which may extend to two lakh rupees, or with

both;

(b) if such criminal proceeding be instituted on a false charge of an offence

punishable with death, imprisonment for life, or imprisonment for ten years or upwards,

shall be punishable with imprisonment of either description for a term which may

extend to ten years, and shall also be liable to fine.

249. Whenever an offence has been committed, whoever harbours or conceals a

person whom he knows or has reason to believe to be the offender, with the intention of

screening him from legal punishment shall,—

(a) if the offence is punishable with death, be punished with imprisonment of

either description for a term which may extend to five years, and shall also be liable

to fine;

(b) if the offence is punishable with imprisonment for life, or with imprisonment

which may extend to ten years, be punished with imprisonment of either description

for a term which may extend to three years, and shall also be liable to fine;

year, and not to ten years, be punished with imprisonment of the description provided

for the offence for a term which may extend to one-fourth part of the longest term of

imprisonment provided for the offence, or with fine, or with both.

Explanation.––“Offence” in this section 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, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2),

(3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4),

(6), (7) and (8) of section 331, clauses (a) and (b) of section 332 and every such act shall,

for the purposes of this section, be deemed to be punishable as if the accused person had

been guilty of it in India.

Exception.—This section shall not extend to any case in which the harbour or

concealment is by the spouse of the offender.

Illustration.

A, knowing that B has committed dacoity, knowingly conceals B in order to screen

him from legal punishment. Here, as B is liable to imprisonment for life, A is liable to

imprisonment of either description for a term not exceeding three years, and is also liable

to fine.

250. Whoever accepts or attempts to obtain, or agrees to accept, any gratification

for himself or any other person, or any restitution of property to himself or any other

person, in consideration of his concealing an offence or of his screening any person from

legal punishment for any offence, or of his not proceeding against any person for the

purpose of bringing him to legal punishment shall,––

(a) if the offence is punishable with death, be punished with imprisonment of

either description for a term which may extend to seven years, and shall also be

liable to fine;

(b) if the offence is punishable with imprisonment for life, or with imprisonment

which may extend to ten years, be punished with imprisonment of either description

for a term which may extend to three years, and shall also be liable to fine;

be punished with imprisonment of the description provided for the offence for a

term which may extend to one-fourth part of the longest term of imprisonment

provided for the offence, or with fine, or with both.

251. Whoever gives or causes, or offers or agrees to give or cause, any gratification

to any person, or restores or causes the restoration of any property to any person, in

consideration of that person’s concealing an offence, or of his screening any person from

legal punishment for any offence, or of his not proceeding against any person for the

purpose of bringing him to legal punishment shall,––

(a) if the offence is punishable with death, be punished with imprisonment of

either description for a term which may extend to seven years, and shall also be

liable to fine;

(b) if the offence is punishable with imprisonment for life or with imprisonment

which may extend to ten years, be punished with imprisonment of either description

for a term which may extend to three years, and shall also be liable to fine;

be punished with imprisonment of the description provided for the offence for a

term which may extend to one-fourth part of the longest term of imprisonment

provided for the offence, or with fine, or with both.

Exception.—The provisions of this section and section 250 do not extend to any

case in which the offence may lawfully be compounded.

252. Whoever takes or agrees or consents to take any gratification under pretence

or on account of helping any person to recover any movable property of which he shall

have been deprived by any offence punishable under this Sanhita, shall, unless he uses

all means in his power to cause the offender to be apprehended and convicted of the

offence, be punished with imprisonment of either description for a term which may extend

to two years, or with fine, or with both.

253. Whenever any person convicted of or charged with an offence, being in lawful

custody for that offence, escapes from such custody, or whenever a public servant, in the

exercise of the lawful powers of such public servant, orders a certain person to be

apprehended for an offence, whoever, knowing of such escape or order for apprehension,

harbours or conceals that person with the intention of preventing him from being

apprehended, shall be punished in the manner following, namely:––

(a) if the offence for which the person was in custody or is ordered to be

apprehended is punishable with death, he shall be punished with imprisonment of

either description for a term which may extend to seven years, and shall also be

liable to fine;

(b) if the offence is punishable with imprisonment for life or imprisonment for

ten years, he shall be punished with imprisonment of either description for a term

which may extend to three years, with or without fine;

year and not to ten years, he shall be punished with imprisonment of the description

provided for the offence for a term which may extend to one-fourth part of the

longest term of the imprisonment provided for such offence, or with fine, or with

both.

Explanation.––“Offence” in this section includes also any act or omission of which

a person is alleged to have been guilty out of India, which, if he had been guilty of it in

India, would have been punishable as an offence, and for which he is, under any law

relating to extradition, or otherwise, liable to be apprehended or detained in custody in

India, and every such act or omission shall, for the purposes of this section, be deemed to

be punishable as if the accused person had been guilty of it in India.

Exception.—The provisions of this section do not extend to the case in which the

harbour or concealment is by the spouse of the person to be apprehended.

254. Whoever, knowing or having reason to believe that any persons are about to

commit or have recently committed robbery or dacoity, harbours them or any of them, with

the intention of facilitating the commission of such robbery or dacoity, or of screening

them or any of them from punishment, shall be punished with rigorous imprisonment for a

term which may extend to seven years, and shall also be liable to fine.

Explanation.—For the purposes of this section it is immaterial whether the robbery

or dacoity is intended to be committed, or has been committed, within or without India.

Exception.—The provisions of this section do not extend to the case in which the

harbour is by the spouse of the offender.

255. 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 thereby

to save, or knowing it to be likely that he will thereby save, any person from legal

punishment, or subject him to a less punishment than that to which he is liable, or with

intent to save, or knowing that he is likely thereby to save, any property from forfeiture or

any charge to which it is liable by law, shall be punished with imprisonment of either

description for a term which may extend to two years, or with fine, or with both.

256. Whoever, being a public servant, and being as such public servant, charged

with the preparation of any record or other writing, frames that record or writing in a

manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that

he will thereby cause, loss or injury to the public or to any person, or with intent thereby

to save, or knowing it to be likely that he will thereby save, any person from legal

punishment, or with intent to save, or knowing that he is likely thereby to save, any

property from forfeiture or other charge to which it is liable by law, shall be punished with

imprisonment of either description for a term which may extend to three years, or with fine,

or with both.

257. Whoever, being a public servant, corruptly or maliciously makes or pronounces

in any stage of a judicial proceeding, any report, order, verdict, or decision which he

knows to be contrary to law, shall be punished with imprisonment of either description for

a term which may extend to seven years, or with fine, or with both.

258. Whoever, being in any office which gives him legal authority to commit persons

for trial or to confinement, or to keep persons in confinement, corruptly or maliciously

commits any person for trial or to confinement, or keeps any person in confinement, in the

exercise of that authority knowing that in so doing he is acting contrary to law, shall be

punished with imprisonment of either description for a term which may extend to seven

years, or with fine, or with both.

259. Whoever, being a public servant, legally bound as such public servant to

apprehend or to keep in confinement any person charged with or liable to be apprehended

for an offence, intentionally omits to apprehend such person, or intentionally suffers such

person to escape, or intentionally aids such person in escaping or attempting to escape

from such confinement, shall be punished,––

(a) with imprisonment of either description for a term which may extend to

seven years, with or without fine, if the person in confinement, or who ought to

have been apprehended, was charged with, or liable to be apprehended for, an

offence punishable with death; or

(b) with imprisonment of either description for a term which may extend to

three years, with or without fine, if the person in confinement, or who ought to have

been apprehended, was charged with, or liable to be apprehended for, an offence

punishable with imprisonment for life or imprisonment for a term which may extend

to ten years; or

years, with or without fine, if the person in confinement, or who ought to have been

apprehended, was charged with, or liable to be apprehended for, an offence

punishable with imprisonment for a term less than ten years.

260. Whoever, being a public servant, legally bound as such public servant to

apprehend or to keep in confinement any person under sentence of a Court for any

offence or lawfully committed to custody, intentionally omits to apprehend such person,

or intentionally suffers such person to escape or intentionally aids such person in escaping

or attempting to escape from such confinement, shall be punished,—

(a) with imprisonment for life or with imprisonment of either description for a

term which may extend to fourteen years, with or without fine, if the person in

confinement, or who ought to have been apprehended, is under sentence of

death; or

(b) with imprisonment of either description for a term which may extend to

seven years, with or without fine, if the person in confinement or who ought to have

been apprehended, is subject, by a sentence of a Court, or by virtue of a commutation

of such sentence, to imprisonment for life or imprisonment for a term of ten years, or

upwards; or

three years, or with fine, or with both, if the person in confinement or who ought to

have been apprehended, is subject by a sentence of a Court to imprisonment for a

term not extending to ten years or if the person was lawfully committed to custody.

261. Whoever, being a public servant legally bound as such public servant to keep

in confinement any person charged with or convicted of any offence or lawfully committed

to custody, negligently suffers such person to escape from confinement, shall be punished

with simple imprisonment for a term which may extend to two years, or with fine, or with

both.

262. Whoever intentionally offers any resistance or illegal obstruction to the lawful

apprehension of himself for any offence with which he is charged or of which he has been

convicted, or escapes or attempts to escape from any custody in which he is lawfully

detained for any such 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.—The punishment in this section is in addition to the punishment for

which the person to be apprehended or detained in custody was liable for the offence with

which he was charged, or of which he was convicted.

263. Whoever, intentionally offers any resistance or illegal obstruction to the lawful

apprehension of any other person for an offence, or rescues or attempts to rescue any

other person from any custody in which that person is lawfully detained for an offence,—

(a) shall be punished with imprisonment of either description for a term which

may extend to two years, or with fine, or with both; or

(b) if the person to be apprehended, or the person rescued or attempted to be

rescued, is charged with or liable to be apprehended for an offence punishable with

imprisonment for life or 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

three years, and shall also be liable to fine; or

charged with or liable to be apprehended for an offence punishable with death, shall

be punished with imprisonment of either description for a term which may extend to

seven years, and shall also be liable to fine; or

(d) if the person to be apprehended or rescued, or attempted to be rescued, is

liable under the sentence of a Court or by virtue of a commutation of such a sentence,

to imprisonment for life, or imprisonment for a term of ten years 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; or

(e) if the person to be apprehended or rescued, or attempted to be rescued, is

under sentence of death, 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.

264. Whoever, being a public servant legally bound as such public servant to

apprehend, or to keep in confinement, any person in any case not provided for in section 259,

section 260 or section 261, or in any other law for the time being in force, omits to apprehend

that person or suffers him to escape from confinement, shall be punished—

(a) if he does so intentionally, with imprisonment of either description for a term

which may extend to three years, or with fine, or with both; and

(b) if he does so negligently, with simple imprisonment for a term which may

extend to two years, or with fine, or with both.

265. Whoever, in any case not provided for in section 262 or section 263 or in any

other law for the time being in force, intentionally offers any resistance or illegal obstruction

to the lawful apprehension of himself or of any other person, or escapes or attempts to

escape from any custody in which he is lawfully detained, or rescues or attempts to rescue

any other person from any custody in which that person is lawfully detained, shall be

punished with imprisonment of either description for a term which may extend to six months,

or with fine, or with both.

266. 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 he has already suffered no part of that

punishment, and if he has suffered any part of that punishment, then with so much of that

punishment as he has not already suffered.

267. 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 five thousand rupees, or with both.

268. Whoever, by personation or otherwise, shall intentionally cause, or knowingly

suffer himself to be returned, empanelled or sworn as an 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 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.

269. Whoever, having been charged with an offence and released on bail bond or on

bond, 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.

CHAPTER XV

OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND

MORALS

270. 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 but a common nuisance is not excused on the ground that it causes some

convenience or advantage.

271. 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.

272. 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.

273. Whoever knowingly disobeys any rule made by the Government for putting any

mode of transport into a state of quarantine, or for regulating the intercourse of any such

transport in a state of quarantine 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.

274. 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 five thousand rupees, or with both.

275. 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 five thousand rupees, or with both.

276. 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 one year, or

with fine which may extend to five thousand rupees, or with both.

277. 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 five thousand rupees,

or with both.

278. 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 five thousand rupees, or with both.

279. 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 six months, or with fine

which may extend to five thousand rupees, or with both.

280. 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 one thousand

rupees.

281. 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.

282. 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 ten thousand rupees, or with both.

283. 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, and with fine which shall not

be less than ten thousand rupees.

284. 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 five thousand

rupees, or with both.

285. 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 five

thousand rupees.

286. Whoever does, with any poisonous substance, any act in a manner so rash or

negligent as to endanger human life, or to be likely to cause hurt or injury to any person or

knowingly or negligently omits to take such order with any poisonous substance in his

possession as is sufficient to guard against any probable danger to human life from such

poisonous 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 five thousand rupees, or

with both.

287. 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 two thousand rupees,

or with both.

288. 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 five thousand rupees, or with both.

289. 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 five thousand rupees, or with both.

290. Whoever, in pulling down, repairing or constructing any building, knowingly or

negligently omits to take such measures 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 five thousand rupees, or with both.

291. Whoever knowingly or negligently omits to take such measures 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 five thousand rupees, or with both.

292. Whoever commits a public nuisance in any case not otherwise punishable by this

Sanhita shall be punished with fine which may extend to one thousand rupees.

293. 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 which may extend to five thousand rupees, or with both.

294. (1) For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing,

painting, representation, figure or any other object, including display of any content in

electronic form 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 in whatever

manner; 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

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 five 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 ten 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; or

(ii) any temple, or on any car used for the conveyance of idols, or kept or

used for any religious purpose.

295. Whoever sells, lets to hire, distributes, exhibits or circulates to any child any such

obscene object as is referred to in section 294, 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.

296. 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 which may extend to one thousand rupees, or with both.

297. (1) 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.

(2) Whoever publishes any proposal to pay any sum, or to deliver any goods, or to do

or forbear from 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 five thousand rupees.

CHAPTER XVI

OF OFFENCES RELATING TO RELIGION

298. 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.

299. 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 through electronic means 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.

300. 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.

301. 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 sepulchre, 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.

302. 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.

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

Of theft

303. (1) Whoever, intending to take dishonestly any movable 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 movable

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 affects 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 this section 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 be 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.

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 the house which Z occupies. Here the ring

is in Z’s possession, and if A dishonestly removes it, A 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. 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.

(i) A delivers his watch to Z, a jeweler, to be regulated. Z carries it to his shop. A, not

owing to the jeweler any debt for which the jeweler 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 as a reward for its restoration. Here

A takes dishonestly; A has therefore committed theft.

(m) 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 for the purpose merely of reading it, and with the

intention of returning it. Here, it is probable that A may have conceived that he had Z’s

implied consent to use Z’s book. If this was A’s impression, A has not committed theft.

(n) A asks charity from Z’s wife. She gives A money, food and clothes, which A knows

to belong to Z her husband. Here it is probable that A may conceive that Z’s wife is authorised

to give away alms. If this was A’s impression, A has not committed theft.

(o) A is the paramour of Z’s wife. She gives a valuable property, which A knows to

belong to her husband Z, and to be such property as she has no authority from Z to give. If

A takes the property dishonestly, he commits theft.

(p) A, in good faith, believing property belonging to Z to be A’s own property, takes

that property out of Z’s possession. Here, as A does not take dishonestly, he does not

commit theft.

(2) Whoever commits theft shall be punished with imprisonment of either description

for a term which may extend to three years, or with fine, or with both and in case of second

or subsequent conviction of any person under this section, he shall be punished with

rigorous imprisonment for a term which shall not be less than one year but which may extend

to five years and with fine:

Provided that in cases of theft where the value of the stolen property is less than five

thousand rupees, and a person is convicted for the first time, shall upon return of the value

of property or restoration of the stolen property, shall be punished with community service.

304. (1) Theft is snatching if, in order to commit theft, the offender suddenly or quickly

or forcibly seizes or secures or grabs or takes away from any person or from his possession

any movable property.

(2) Whoever commits snatching, shall be punished with imprisonment of either

description for a term which may extend to three years, and shall also be liable to fine.

305. Whoever commits theft—

(a) in any building, tent or vessel used as a human dwelling or used for the

custody of property; or

(b) of any means of transport used for the transport of goods or passengers; or

goods or passengers; or

(d) of idol or icon in any place of worship; or

(e) of any property of the Government or of a local authority,

shall be punished with imprisonment of either description for a term which may extend to

seven years, and shall also be liable to fine.

306. 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.

307. 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 ten 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 of his companions near him, in order that

they may restrain Z, if Z should perceive what is passing and should resist, or should attempt

to apprehend A. A has committed the offence defined in this section.

Of extortion

308. (1) 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, commits 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.

to B a bond binding Z under a penalty to deliver certain produce to B, and thereby

induces Z to sign and deliver 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.

(e) A threatens Z by sending a message through an electronic device that “Your child

is in my possession, and will be put to death unless you send me one lakh rupees.” A thus

induces Z to give him money. A has committed extortion.

(2) 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.

(3) 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.

(4) 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.

(5) 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 ten years, and shall also be liable to fine.

(6) 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 ten years, and shall also be liable to fine.

(7) 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 ten

years, and shall also be liable to fine.

Of robbery and dacoity

309. (1) In all robbery there is either theft or extortion.

(2) 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.

(3) 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

other person 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.

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.

(4) Whoever commits robbery shall be punished with rigorous imprisonment for a term

which may extend to ten 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.

(5) 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.

(6) If any person, in committing or in 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 ten years, and shall also be liable to fine.

310. (1) 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.

(2) Whoever commits dacoity shall be punished with imprisonment for life, or with

rigorous imprisonment for a term which may extend to ten years, and shall also be liable to

fine.

(3) 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 shall not be less than ten

years, and shall also be liable to fine.

(4) Whoever makes any preparation for committing dacoity, shall be punished with

rigorous imprisonment for a term which may extend to ten years, and shall also be liable to

fine.

(5) Whoever is 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.

(6) Whoever belongs 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 ten years, and shall also be liable to fine.

311. 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.

312. 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.

313. Whoever belongs to any gang of persons associated in 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.

Of criminal misappropriation of property

314. Whoever dishonestly misappropriates or converts to his own use any movable

property, shall be punished with imprisonment of either description for a term which shall not

be less than six months but which may extend to two years and with fine.

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.

intending to use it. Here, as A has a right to use the horse, he does not dishonestly

misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own

use, he is guilty of an offence under this section.

Explanation 1.—A dishonest misappropriation for a time only is a misappropriation

within the meaning of this section.

Illustration.

A finds a Government promissory note belonging to Z, bearing a blank endorsement.

A, knowing that the note belongs to Z, pledges it with a banker as a security for a loan,

intending at a future time to restore it to Z. A has committed an offence under this section.

Explanation 2.—A person who finds property not in the possession of any other

person, and takes such property for the purpose of protecting it for, or of restoring it to, the

owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he

is guilty of the offence above defined, if he appropriates it to his own use, when he knows or

has the means of discovering the owner, or before he has used reasonable means to discover

and give notice to the owner and has kept the property a reasonable time to enable the owner

to claim it.

What are reasonable means or what is a reasonable time in such a case, is a question

of fact.

It is not necessary that the finder should know who is the owner of the property, or that

any particular person is the owner of it; it is sufficient if, at the time of appropriating it, he

does not believe it to be his own property, or in good faith believe that the real owner cannot

be found.

Illustrations.

(a) A finds a rupee on the high road, not knowing to whom the rupee belongs, A picks

up the rupee. Here A has not committed the offence defined in this section.

(b) A finds a letter on the road, containing a bank-note. From the direction and contents

of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an

offence under this section.

has lost the cheque. But the name of the person, who has drawn the cheque, appears. A

knows that this person can direct him to the person in whose favour the cheque was drawn.

A appropriates the cheque without attempting to discover the owner. He is guilty of an

offence under this section.

(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of

restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence

under this section.

(e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers

that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this

section.

(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately

without attempting to discover the owner. A is guilty of an offence under this section.

315. Whoever dishonestly misappropriates or converts to his own use any 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.

Of criminal breach of trust

316. (1) 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 of an establishment whether

exempted under section 17 of the Employees’ Provident Funds and Miscellaneous

Provisions Act, 1952 or not who deducts the employee’s contribution from the wages payable

to the employee for credit to a Provident Fund or Family Pension Fund established by any

law for the time being in force, shall be deemed to have been entrusted with the amount of the

contribution so deducted by him and if he makes default in the payment of such contribution

to the said Fund in violation of the said law, shall be deemed to have dishonestly used the

amount of the said contribution in violation of a direction of law as aforesaid.

Explanation 2.—A person, being an employer, who deducts the employees’

contribution from the wages payable to the employee for credit to the Employees’ State

Insurance Fund held and administered by the Employees’ State Insurance Corporation

established under the Employees’ State Insurance Act, 1948 shall be deemed to have been

entrusted with the amount of the contribution so deducted by him and if he makes default in

the payment of such contribution to the said Fund in violation of the said Act, shall be

deemed to have dishonestly used the amount of the said contribution in violation of a

direction of law as aforesaid.

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.

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 one 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 illustration (c), 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.

(2) Whoever commits criminal breach of trust shall be punished with imprisonment of

either description for a term which may extend to five years, or with fine, or with both.

(3) 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.

(4) 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.

(5) 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 ten years, and shall also be liable to fine.

Of receiving stolen property

317. (1) Property, the possession whereof has been transferred by theft or extortion or

robbery or cheating, 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.

(2) 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 three years, or with fine, or with both.

(3) 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 ten years, and shall also be liable to fine.

(4) 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 ten years, and shall also be liable to fine.

(5) 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 three years, or with

fine, or with both.

Of cheating

318. (1) 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.

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 the indigo plant, and afterwards breaks his contract

and does not deliver it, 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 and conveys an estate to B. A, knowing that in consequence of such sale

he has no right to the property, sells or mortgages the same to Z, without disclosing the fact

of the previous sale and conveyance to B, and receives the purchase or mortgage money

from Z. A cheats.

(2) Whoever cheats shall be punished with imprisonment of either description for a

term which may extend to three years, or with fine, or with both.

(3) 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 five years, or with fine, or with both.

(4) 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.

319. (1) 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 or 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.

(2) Whoever cheats by personation shall be punished with imprisonment of either

description for a term which may extend to five years, or with fine, or with both.

Of fraudulent deeds and dispositions of property

320. 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

shall not be less than six months but which may extend to two years, or with fine, or with

both.

321. 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.

322. 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 three years, or with fine, or with both.

323. 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 three years, or with

fine, or with both.

Of mischief

324. (1) 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.

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 insured a ship, voluntarily causes the same to be cast away, with the

intention of causing damage to the underwriters. A has committed mischief.

(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has

lent money on bottomry on the ship. A has committed mischief.

(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to

cause wrongful loss to Z. A has committed mischief.

(h) 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.

(2) Whoever commits mischief shall be punished with imprisonment of either description

for a term which may extend to six months, or with fine, or with both.

(3) Whoever commits mischief and thereby causes loss or damage to any property

including the property of Government or Local Authority shall be punished with imprisonment

of either description for a term which may extend to one year, or with fine, or with both.

(4) Whoever commits mischief and thereby causes loss or damage to the amount of

twenty thousand rupees and more but less than one lakh rupees shall be punished with

imprisonment of either description for a term which may extend to two years, or with fine, or

with both.

(5) Whoever commits mischief and thereby causes loss or damage to the amount of

one lakh 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.

(6) 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.

325. Whoever commits mischief by killing, poisoning, maiming or rendering useless

any animal shall be punished with imprisonment of either description for a term which may

extend to five years, or with fine, or with both.

326. Whoever commits mischief by,—

(a) 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 food or drink for

human beings or for animals which are property, or for cleanliness or for carrying on

any manufacture, shall be punished with imprisonment of either description for a term

which may extend to five years, or with fine, or with both;

(b) 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;

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;

(d) destroying or moving any sign or signal used for navigation of rail, aircraft

or ship or other thing placed as a guide for navigators, or by any act which renders any

such sign or signal 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;

(e) 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;

(f) fire or any explosive substance intending to cause, or knowing it to be likely

that he will thereby cause, damage to any property including agricultural produce,

shall be punished with imprisonment of either description for a term which may extend

to seven years, and shall also be liable to fine;

(g) 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 ten years, and shall also be liable to fine.

327. (1) Whoever commits mischief to any rail, aircraft, or a 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 rail, aircraft or

vessel, shall be punished with imprisonment of either description for a term which may

extend to ten years, and shall also be liable to fine.

(2) Whoever commits, or attempts to commit, by fire or any explosive substance, such

mischief as is described in sub-section (1), 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.

328. 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 ten years,

and shall also be liable to fine.

Of criminal trespass

329. (1) 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.

(2) 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.—The introduction of any part of the criminal trespasser’s body is entering

sufficient to constitute house-trespass.

(3) 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 thousand rupees, or with both.

(4) 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 five

thousand rupees, or with both.

330. (1) 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.

(2) 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 the

following ways, namely:––

(a) 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;

(b) 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 building;

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;

(d) 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;

(e) if he effects his entrance or departure by using criminal force or committing

an assault, or by threatening any person with assault;

(f) 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.

house-breaking.

(d) A commits house-trespass by entering Z’s house through the door, having opened

a door which was fastened. This is house-breaking.

(e) 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.

(f) 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.

(g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits

house-trespass by entering the house. This is house-breaking.

(h) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by

entering the house, having deterred Z from opposing him by threatening to beat him. This is

house-breaking.

331. (1) 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.

(2) Whoever commits lurking house-trespass or house-breaking after sunset and before

sunrise, shall be punished with imprisonment of either description for a term which may

extend to three years, and shall also be liable to fine.

(3) 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 intended to be committed is theft, the term of the imprisonment may

be extended to ten years.

(4) Whoever commits lurking house-trespass or house-breaking after sunset and before

sunrise, 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 intended to be committed is theft, the term

of the imprisonment may be extended to fourteen years.

(5) 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 or a term which may

extend to ten years, and shall also be liable to fine.

(6) Whoever commits lurking house-trespass or house-breaking after sunset and before

sunrise, 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.

(7) 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 ten years, and shall also be liable to fine.

(8) If, at the time of the committing of lurking house-trespass or house-breaking after

sunset and before sunrise, 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 or house-breaking after sunset and before sunrise,

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.

332. Whoever commits house-trespass in order to the committing of any offence––

(a) punishable with death, shall be punished with imprisonment for life, or with

rigorous imprisonment for a term not exceeding ten years, and shall also be liable to

fine;

(b) punishable with imprisonment for life, shall be punished with imprisonment

of either description for a term not exceeding ten years, and shall also be liable to fine;

description for a term which may extend to two years, and shall also be liable to fine:

Provided that if the offence intended to be committed is theft, the term of the

imprisonment may be extended to seven years.

333. 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.

334. (1) 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.

(2) 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.

CHAPTER XVIII

OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS

335. A person is said to make a false document or false electronic record—

(A) Who dishonestly or fraudulently—

(i) makes, signs, seals or executes a document or part of a document;

(ii) makes or transmits any electronic record or part of any electronic

record;

(iii) affixes any electronic signature on any electronic record;

(iv) 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

(B) 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

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 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.

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 authorises 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 discount it as a genuine bill with a banker and intending to take up the bill on its

maturity. Here, as A draws the bill with intent to deceive the banker by leading him to

suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery.

(f) Z’s will contains these words—“I direct that all my remaining property be equally

divided between A, B and C”. A dishonestly scratches out B’s name, intending that it may be

believed that the whole was left to himself and C. A has committed forgery.

(g) A endorses a Government promissory note and makes it payable to Z or his order

by writing on the bill the words “Pay to Z or his order” and signing the endorsement. B

dishonestly erases the words “Pay to Z or his order”, and thereby converts the special

endorsement into a blank endorsement. B commits forgery.

(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate,

executes a conveyance of the same estate to B, dated six months earlier than the date of the

conveyance to Z, intending it to be believed that he had conveyed the estate to B before he

conveyed it to Z. A has committed forgery.

(i) 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.

(j) 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.

(k) 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 in as

much 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.

Illustrations.

(a) A signs his own name to a bill of exchange, intending that it may be believed that

the bill was drawn by another person of the same name. A has committed forgery.

(b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in

order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and

negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B,

knowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty of

forgery.

name. A endorses the bill in his own name, intending to cause it to be believed that it was

endorsed by the person to whose order it was payable; here A has committed forgery.

(d) A purchases an estate sold under execution of a decree against B. B, after the

seizure of the estate, in collusion with Z, executes a lease of the estate, to Z at a nominal rent

and for a long period and dates the lease six months prior to the seizure, with intent to

defraud A, and to cause it to be believed that the lease was granted before the seizure. B,

though he executes the lease in his own name, commits forgery by antedating it.

(e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and

with intent to defraud his creditors; and in order to give a colour to the transaction, writes a

promissory note binding himself to pay to B a sum for value received, and antedates the

note, intending that it may be believed to have been made before A was on the point of

insolvency. A has committed forgery under the first head of the definition.

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.

336. (1) 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.

(2) Whoever commits forgery shall be punished with imprisonment of either description

for a term which may extend to two years, or with fine, or with both.

(3) 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.

(4) 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.

337. Whoever forges a document or an electronic record, purporting to be a record or

proceeding of or in a Court or an identity document issued by Government including voter

identity card or Aadhaar Card, or a register of birth, 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.—For the purposes of this section, “register” includes any list, data or

record of any entries maintained in the electronic form as defined in clause (r) of sub-section (1)

of section 2 of the Information Technology Act, 2000.

338. 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, movable 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 movable property or valuable security, 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.

339. 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 337 of this Sanhita, 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 338, 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.

340. (1) A false document or electronic record made wholly or in part by forgery is

designated a forged document or electronic record.

(2) 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.

341. (1) 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 338 of this Sanhita, 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.

(2) 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 338, 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.

(3) Whoever possesses any 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 three years, and shall also be liable to fine.

(4) Whoever fraudulently or dishonestly uses as genuine any seal, plate or other

instrument knowing or having reason to believe the same to be counterfeit, shall be punished

in the same manner as if he had made or counterfeited such seal, plate or other instrument.

342. (1) 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 338,

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.

(2) 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 338, 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.

343. 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 any valuable security, or commits mischief in respect of 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.

344. 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.

Of property marks

345. (1) A mark used for denoting that movable property belongs to a particular person

is called a property mark.

(2) Whoever marks any movable property or goods or any case, package or other

receptacle containing movable property or goods, or uses any case, package or other

receptacle having 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 receptacle so marked, belong to a person to whom they do not belong, is said to use a

false property mark.

(3) 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.

346. 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.

347. (1) 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.

(2) 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.

348. 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.

349. 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

be punished with imprisonment of either description for a term which may extend to one year,

or with fine, or with both.

350. (1) 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.

(2) Whoever makes use of any false mark in any manner prohibited under sub-section (1)

shall, unless he proves that he acted without intent to defraud, be punished as if he had

committed the offence under sub-section (1).

CHAPTER XIX

OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.

351. (1) Whoever threatens another by any means, 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 resist from prosecuting a civil suit, threatens to

burn B’s house. A is guilty of criminal intimidation.

(2) 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.

(3) Whoever commits the offence of criminal intimidation by threatening 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.

(4) 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 under

sub-section (1).

352. Whoever intentionally insults in any manner, 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.

353. (1) Whoever makes, publishes or circulates any statement, false information,

rumour, or report, including through electronic means—

(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

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) Whoever makes, publishes or circulates any statement or report containing false

information, rumour or alarming news, including through electronic means, 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, feelings

of 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) 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, false information,

rumour or report, has reasonable grounds for believing that such statement, false information,

rumour or report is true and makes, publishes or circulates it in good faith and without any

such intent as aforesaid.

354. 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 dharna 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.

355. 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 one thousand rupees, or with

both or with community service.

Of defamation

356. (1) Whoever, by words either spoken or intended to be read, or by signs or by

visible representations, makes or publishes in any manner, 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 falls 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 falls within one of the exceptions.

Z stole B’s watch. This is defamation, unless it falls within one of the exceptions.

Exception 1.—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.

Exception 2.—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.

Exception 3.—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.

Exception 4.––It is not defamation to publish substantially true report of the

proceedings of a Court, or of the result of any such proceedings.

Explanation.—A Magistrate or other officer holding an inquiry in open Court

preliminary to a trial in a Court, is a Court within the meaning of the above section.

Exception 5.—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, 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, in as much 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, in as much as the opinion which

expresses of Z’s character, is an opinion not founded on Z’s conduct as a witness.

Exception 6.—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.

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 the exception, if he says this

in good faith, in as much 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, in as much as the opinion which

he expresses of Z’s character is an opinion not founded on Z’s book.

Exception 7.—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 school master, 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.

Exception 8.—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.

Exception 9.— 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.

Exception 10.— It is not defamation to convey a caution, in good faith, to one person

against 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.

(2) Whoever defames another shall be punished with simple imprisonment for a term

which may extend to two years, or with fine, or with both, or with community service.

(3) 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.

(4) 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.

Of breach of contract to attend on and supply wants of helpless person

357. 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 five thousand

rupees, or with both.

CHAPTER XX

REPEAL AND SAVINGS

358. (1) The Indian Penal Code is hereby repealed.

(2) Notwithstanding the repeal of the Code referred to in sub-section (1), it shall not

affect,—

(a) the previous operation of the Code so repealed or anything duly done or

suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred

under the Code so repealed; or

against the Code so repealed; or

(d) any investigation or remedy in respect of any such penalty, or punishment; or

(e) any proceeding, investigation or remedy in respect of any such penalty or

punishment as aforesaid, and any such proceeding or remedy may be instituted,

continued or enforced, and any such penalty may be imposed as if that Code had not

been repealed.

(3) Notwithstanding such repeal, anything done or any action taken under the said

Code shall be deemed to have been done or taken under the corresponding provisions of

this Sanhita.

(4) The mention of particular matters in sub-section (2) shall not be held to prejudice or

affect the general application of section 6 of the General Clauses Act,1897 with regard to the

effect of the repeal.

Vidhik Vani

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