THE INDIAN PENAL CODE, 1860


ACT NO. 45 OF 1860 1*


[6th October, 1860.]




CHAPTER I


INTRODUCTION


                                  CHAPTER I

                                 INTRODUCTION

     Preamble.-WHEREAS it is expedient to provide a general Penal Code
for 2*[India];

It is enacted as follows:--


1.


Title and extent of operation of the Code.


     1. Title  and extent of operation of the Code.--This Act shall be
called  the  Indian  Penal  Code, and  shall 3*[extend to the whole of
India 4*[except the State of Jammu and Kashmir]].


2.


Punishment of offences committed within India.


     2. Punishment  of offences  committed within India.--Every person
shall be  liable to  punishment under  this Code and not otherwise for
every act  or omission contrary to the provisions thereof, of which he
shall be guilty within 5*[India] 6****.


3.


Punishment of offences committed beyond, but which by law may be tried
within, India.


     3. Punishment  of offences committed beyond, but which by law may
be tried  within, India.--Any  person  liable, by  any 7*[Indian law],
to be  tried  for  an  offence  committed   beyond  5*[India] shall be
dealt with  according to  the provisions  of this  Code  for  any  act
committed beyond  5*[India] in  the same   manner  as  if such act had
been committed within 5*[India].


4.


Extension of Code to extra-territorial offences.


     8*[4. Extension  of Code   to   extra-territorial  offences.--The
provisions of this Code apply also to any offence committed by--

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

          (2) any  person on  any ship or aircraft registered in India
          wherever it may be.]
----------------------------------------------------------------------
1.        The Act  has been  amended in  its application  to Madras by
     Madras Act 25 of 1960, U. P. by U. P. Acts 31 of 1961, 29 of 1970
     and 47  of 1975, Andhra Pradesh by Andhra Pradesh Act 16 of 1968,
     Maharashtra by Maharashtra Act 19 of 1971, Mysore by Mysore Act 8
     of 1972, West Bengal by West Bengal Act 42 of 1973.

          The Act  has been  extended  to  Goa,  Daman  and  Diu  with
     modifications by  Reg. 12 of 1962, s. 3 and Sch., extended to and
     brought into  force in  Dadra and Nagar Haveli by Reg. 6 of 1963,
     s. 2  and Sch.  I (w.e.f. 1-7-1965) and to Laccadive, Minicoy and
     Amindivi Islands  by Reg.  8 of 1965, s. 3 and Sch. (w.e.f. 1-10-
     1967).

          The Act comes into force in Pondicherry vide Reg. 7 of 1963,
     s. 3 and Sch. I (w.e.f. 1-10-1963).

2.        Subs. by  Act 3  of 1951,  s. 3  and Sch., for "the whole of
     India except Part B States".

3.   Subs. by  the A.  O. 1948,  for "take  effect *  *  *  throughout
     British India".  The words and figures "on and from the first day
     of  May,   1861"  occurring   between  the   words  "effect"  and
     "throughout" were rep. by Act 12 of 1891.

4.   Subs. by  Act 3  of 1951,  s. 3  and Sch.,  for  "except  Part  B
     States".

5.   Subs. by s. 3 and Sch., ibid., for "the States".

6.   The words  and figures  "on or  after the  said first day of May,
     1861" omitted by Act 12 of 1891.

7.   Subs. by  the A. O. 1937, for "law passed by the Governor-General
     of India in Council".

8.   Subs. by Act 4 of 1898, s. 2, for the original s. 4.

9.   Subs. by the A. O. 1950, for the original cls. (1) to (4).

102


Explanation.

     Explanation.--In this  section the  word "offence" includes every
act committed outside 1*[India] which, if committed in 1*[India] would
be punishable under this Code.

                         2*[Illustration]

     3***A, 4*[who is  5*[a citizen of India]],  commits  a  murder in
Uganda. He  can  be  tried  and   convicted  of murder in any place in
1*[India] in which he may be found.

     6*         *               *               *               *


5.


Certain laws not to be affected by this Act.


     7*[5. Certain  laws  not to  be affected by this Act.--Nothing in
this Act  shall affect  the provisions of any Act for punishing mutiny
and desertion  of officers, soldiers, sailors or airmen in the service
of the  Government of  India or the provision  of any special or local
law.]


CHAPTER II


GENERAL EXPLANATIONS


                                  CHAPTER II

                            GENERAL EXPLANATIONS


6.


Definitions in the Code to be understood subject to exceptions.


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

                            Illustrations

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


7.


Sense of expression once explained.


     7. Sense of expression once explained.--Every expression which is
explained in any part of this Code, is used in every part of this Code
in conformity with the explanation.


8.


Gender.


     8. Gender.--The  pronoun "he" and its derivatives are used of any
person, whether male or female.


9.


Number.


     9. 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.


10.


"Man". "Woman".


     10. "Man". "Woman".--The word "man" denotes a male human being of
any age; the word "woman" denotes a female human being of any age.
----------------------------------------------------------------------
1.   Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".

2.   Subs. by Act 36 of 1957, s.3 and Sch. II, for "Illustrations".

3.   The brackets and letter `6(a)' omitted by s. 3 and Sch. II, ibid.

4.   Subs. by  the A.  O. 1948,  for "a coolie, who is a Native Indian
     subject".

5.   Subs. by  the A.  O. 1950,  for  "a  British  subject  of  Indian
     domicile".

6.   Illustrations (b), (c) and (d) were rep. by the A. O. 1950.

7.   Subs., ibid., for the former s. 5.

103


11.


"Person".


     11.  "Person".--The   word  "person"   includes  any  Company  or
Association or body of persons, whether incorporated or not.


12.


"Public".


     12. "Public".--The word "public" includes any class of the public
or any community.


13.


[Definition of "Queen".] Rep. by the A. O. 1950.


14.


"Servant of Government".


     1*[14.  "Servant   of   Government".--The   words   "servant   of
Government" denote  any officer  or servant  continued,  appointed  or
employed in India by or under the authority of Government.]


15.


[Definition of "British India".] Rep. by the A. O. 1937.


16.


Definition of "Government of India".] Rep., ibid.


17.


"Government".


     2*[17 "Government".--The word "Government"  denotes  the  Central
Government or the Government of a 3****State.]


18.


"India".


     4*[18.  "India".--"India"  means the territory of India excluding
the State of Jammu and Kashmir.]


19.


"Judge".


     19. "Judge".--The  word "Judge" denotes not only every person who
is officially designated as a Judge, but also every person.

     who is  empowered by  law to give, in any legal proceeding, civil
or criminal,  a definitive  judgment, or  a  judgment  which,  if  not
appealed against,  would  be  definitive,  or  a  judgment  which,  if
confirmed by some other authority, would be definitive, or

     who is  one of  a body  of persons,  which  body  of  persons  is
empowered by law to give such a judgment.

                            Illustrations

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

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

     (c) A  member of  a panchayat which has power, under 5*Regulation
VII, 1816, of the Madras Code, to try and determine suit, is a Judge.

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


20.


"Court of Justice".


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

                             Illustration

     A Panchayat  acting  under 5*Regulation VII, 1816, of the Madras
Code, having power to try and determine suits, is a Court of Justice.
---------------------------------------------------------------------
1.   Subs. by the A. O. 1950, for s. 14.

2.   Subs., ibid., for s. 17.

3.   The words  and letter "Part A" omitted by Act 3 of 1951, s. 3 and
     Sch.

4.   Subs. by s. 3 and Sch., ibid., for s. 18.

5.   Rep. by the Madras Civil Courts Act, 1873 (3 of 1873).

104


21.


"Public servant".


     21. "Public servant".--The words "public servant" denote a person
falling under any of the descriptions hereinafter following, namely:--

     1*         *               *               *               *

          Second.--Every   Commissioned   Officer   in  the  Military,
     2*[Naval or Air] Forces 3*[4**** of India];

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

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

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

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

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

          Eighth.--Every officer  of 7*[the Government] whose  duty it
     is, as  such officer, to prevent offences, to give information of
     offences, to bring offenders to justice, or to protect the public
     health, safety or convenience;

          Ninth.--Every officer  whose duty  it is as such officer, to
     take, receive, keep  or  expend  any property on behalf of 7*[the
     Government], or  to make  any survey,  assessment or  contract on
     behalf of  7*[the Government],  or  to   execute   any   revenue-
     process, or to investigate, or to report, on any matter affecting
     the  pecuniary   interests  of  7*[the Government],  or  to make.
     authenticate or  keep any  document  relating  to  the  pecuniary
     interests  of  7*[the Government], or  to  prevent the infraction
     of any law for  the protection  of  the  pecuniary  interests  of
     7*[the Government] 8****;

          Tenth.--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;
----------------------------------------------------------------------
1.   Cl. First omitted by the A. O. 1950.

2.   Subs. by Act 10 of 1927, s. 2 and Sch. I, for "or Naval".

3.   Subs. by  the A.  O. 1948,  for "of the Queen while serving under
     any Government in British India or the Crown Representative".

4.   The words "of the Dominion" omitted by the A. O. 1950.

5.   Subs. by Act 40 of 1964, s. 2, for cl. Third.

6.   Ins. by s. 2, ibid.

7.   Subs. by the A. O. 1950, for "the Crown".

8.   Certain words omitted by Act 40 of 1964, s. 2.

105


          1*[Eleventh.--Every  person  who  holds any office in 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;]

          2*[Twelfth.--Every person--

               (a)  in  the  service  or  pay  of  the  Government  or
          remunerated by fees or commission for the performance of any
          public duty by the Government;

               (b) in  the service  or pay  of a  local  authority,  a
          corporation established by or under a Central, Provincial or
          State Act  or a Government company as defined in section 617
          of the Companies Act, 1956 (1 of 1956).]

                             Illustration

     A Municipal Commissioner is a public servant.

     Explanation  1.--Persons   falling  under   any  of   the   above
descriptions are  public servants, whether appointed by the Government
or not.

     Explanation 2.--Wherever  the words  "public servant" occur, they
shall be understood of 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.

     3*[Explanation 3.--The word "election"  denotes  an  election for
the purpose  of selecting  members of  any legislative,  municipal  or
other public authority, of whatever character, the method of selection
to which is by, or under, any law prescribed as by election.]

     4*         *               *               *               *


22.


"Movable property".


     22.  "Movable   property".--The  words   "movable  property"  are
intended to  include corporeal  property of  every description, except
land and  things attached  to the  earth or  permanently  fastened  to
anything which is attached to the earth.


23.


"Wrongful gain".


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


"Wrongful loss".


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


Gaining wrongfully. Losing wrongfully.


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


24.


"Dishonestly".


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


25.


"Fraudulently".


     25. "Fraudulently".--A  person is said to do a thing fraudulently
if he does that thing with intent to defraud but not otherwise.
----------------------------------------------------------------------
1.   Ins. by Act 39 of 1920, s. 2.

2.   Subs. by  Act 40 of 1964, s. 2, for cl. Twelfth, ins. by Act 2 of
     1958, s. 2.

3.   Ins. by Act 39 of 1920, s. 2.

4.   Explanation 4  ins. by  Act 2 of 1958, s. 2, omitted by Act 40 of
     1964, s. 2.

106


26.


"Reason to believe".


     26. "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.


27.


Property in possession of wife, clerk or servant.


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

     Explanation.--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 section.


28.


"Counterfeit".


     28. "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.

     1*[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.]


29.


"Document".


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

     Explanation 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 of Justice, or
not.

                            Illustrations

     A writing  expressing the  terms of a contract, which may be used
as evidence of the contract, is a document.

     A cheque upon a banker is a document.

     A power-of-attorney is a document.

     A map  or plan  which is intended to be used or which may be used
as evidence, is a document.

     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  must 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.


30.


"Valuable security".


     30. "Valuable  security".--The words "valuable security" denote a
document which  is, or  purports to  be, a  document whereby any legal
right is  created, extended,  transferred, restricted, extinguished or
released, or  who hereby  any person  acknowledges that  he lies under
legal liability, or has not a certain legal right.
----------------------------------------------------------------------
1.   Subs. by Act 1 of 1889, s. 9, for the original Explanation.

107


                             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".


31.


"A will".


     31.  "A  will".--The  words  "a  will"  denote  any  testamentary
document.


32.


Words referring to acts include illegal omissions.


     32. Words  referring to acts include illegal omissions.--In every
part of  this Code, except where a contrary intention appears from the
context, words  which refer  to  acts  done  extend  also  to  illegal
omissions.


33.


"Act". "Omission".


     33. "Act".  "Omission".--The word "act" denotes as well as series
of acts  as a single act: the word "omission" denotes as well a series
of omissions as a single omission.


34.


Acts done by several persons in futherance of common intention.


     1*[34. Acts  done  by  several   persons  in futherance of common
intention.--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.]


35.


When such  an act  is criminal  by reason  of its  being done  with  a
criminal knowledge or intention.


     35. When such an act is criminal by reason of its being done with
a criminal knowledge or intention.--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.


36.


Effect caused partly by act and partly by omission.


     36. Effect caused partly by act and partly by omission.--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 party by beating Z. A has committed murder.


37.


Co-operation by doing one of several acts constituting an offence.


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

                            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  co operate 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 co-operate  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 dues of hunger. Both
A and B are guilty of the murder of Z.
----------------------------------------------------------------------
1.   Subs. by Act 27 of 1870, s. 1, for the original section.

108


     (c) A, a jailor, has the charge of Z, a prisoner. A, intending to
cause Z's death, illegally 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 co-operation 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  co-operate with  B. A  is guilty only of an attempt to commit
murder.


38.


Persons  concerned   in  criminal  Act  may  be  guilty  of  different
offences.


     38. Persons  concerned in criminal Act may be guilty of different
offences.--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.


39.


"Voluntarily".


     39.  "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.


40.


"Offence".


     1*[40. "Offence".--Except  in   the  2*[Chapters]  and   sections
mentioned in  clauses 2  and 3  of this  section, the  word  "offence"
denotes a thing made punishable by this Code.

     In Chapter  IV, 3*[Chapter VA]  and  in  the  following sections,
namely,  sections 4*[64, 65, 66, 5*[67], 71], 109, 110, 112, 114, 115,
116,  117,  187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224,225,
327,  328, 329,  330, 331,  347,  348,   388,  389  and  445, the word
"offence" denotes  a thing  punishable under  this Code,  or under any
special or local law as hereinafter defined.

     And in  sections 141,  176, 177,  201, 202, 212, 216 and 441, the
word "offence"  has the  same meaning  when the thing punishable under
the  special   or  local   law  is  punishable  under  such  law  with
imprisonment for  a term  of six  months or  upwards, whether  with or
without fine.]


41.


"Special law".


     41.  "Special   law".--A "special law" is a law applicable  to a
particular subject.


42.


"Local law".


     42. "Local  law".--A "local  law" is  a law  applicable only to a
particular part of 6* [7****  8*[India]].
----------------------------------------------------------------------
1.   Subs. by Act 27 of 1870, s. 2, for the original s. 40.

2.   Subs. by Act 8 of 1930, s. 2 and Sch. I, for "chapter".

3.   Ins. by Act 8 of 1913, s. 2.

4.   Ins. by Act 8 of 1882, s. 1.

5.   Ins. by Act 10 of 1886, s. 21 (1).

6.   Subs. by the A.O. 1948, for "British India".

7.   The words  "the territories comprised in" were rep. by  Act 48 of
     1952, s. 3 and Sch. II.

8.   Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
---------------------------------------------------------------------

109


43.


"Illegal".

"Legally bound to do".


     43. "Illegal".  "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.


44.


"Injury".


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


45.


"Life".


     45. "Life".--The  word "life"  denotes the life of a human being,
unless the contrary appears from the context.


46.


"Death".


     46. "Death".--The word "death" denotes the death of a human being
unless the contrary appears from the context.


47.


"Animal".


     47. "Animal".--The  word "animal"  denotes any  living  creature,
other than a human being.


48.


"Vessel".


     48. "Vessel".--The  word "vessel"  denotes anything  made for the
conveyance by water of human beings or of property.


49.


"Year".

"Month".


     49. "Year".  "Month".--Wherever  the  word  "year"  or  the  word
"month" is  used, it is to be understood that the year or the month is
to be reckoned according to the British calendar.


50.


"Section".


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


51.


"Oath".


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


52.


"Good faith".


     52. "Good  faith".--Nothing is  said to  be done  or believed  in
"good faith" which is done or believed without due care and attention.


52A.


"Harbour".


     1*[52A. "Harbour".--Except  in  section  157, and  in section 130
in the  case in  which the  harbour is given by the wife or husband of
the person  harboured, the  word "harbour"  includes the  supplying  a
person with  shelter, food, drink, money, clothes, arms, ammunition or
means of  conveyance, or  the assisting a person by any means, whether
of the  same kind as those enumerated in this section or not, to evade
apprehension.]


CHAPTER III


OF PUNISHMENTS


                                  CHAPTER III

                                 OF PUNISHMENTS


53.


Punishments.


     53. Punishments.--The  punishments to  which offenders are liable
under the provisions of this Code are--

          First.--Death;

          2*[Secondly.--Imprisonment for life;]

          3*            *               *               *            *

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

               (1) Rigorous, that is with hard labour;

               (2) Simple;

          Fifthly.--Forfeiture of property;

          Sixthly.--Fine.
----------------------------------------------------------------------
1.   Ins. by Act 8 of 1942. s. 2.

2.   Subs. by  Act 26  of 1955,  s. 117  and  Sch.,  for  "Secondly.--
     Transportation;"(w.e.f. 1-1-1956).

3.   "Thirdly,-Penal  seritude;"  was  rep.  by  Act  17 of 1949, s. 2
     (w.e.f. 6-4-1949).

110


53A.


Construction of reference to transportation.


     1*[53A. Construction   of   reference   to   transportation.--(1)
Subject to  the provisions of sub-section (2) and sub-section (3), any
reference to  "transportation for  life" in any other law for the time
being in  force or  in any instrument or order having effect by virtue
of any  such law  or of any enactment repealed shall be construed as a
reference to "imprisonment for life".

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

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

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

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

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


54.


Commutation of sentence of death.


     54. Commutation  of sentence  of death.--In  every case  in which
sentence   of  death   shall  have been   passed,  3*[the  appropriate
Government] may,  without the  consent of  the offender,  commute  the
punishment for any other punishment provided by this Code.


55.


Commutation of sentence of imprisonment for life.


     55. Commutation  of sentence  of imprisonment for life.--In every
case in which sentence of 4*[imprisonment]  for  life  shall have been
passed, 5[the  appropriate Government] may, without the consent of the
offender,  commute   the  punishment   for  imprisonment   of   either
description for a term not exceeding fourteen years.


55A.

Definition of "appropriate Government".


     6*[55A.  Definition   of   "appropriate Government".--In sections
fifty-four and fifty-five 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.]


56.


     56. [Sentence  of Europeans  and Americans  to  penal  servitude.
Proviso as to sentence for term exceeding ten years but not for life.]
Rep. by the Criminal Law (Removal of Racial Discriminations) Act, 1949
(17 of 1949) (w. e. f. 6-4-1949).


57.


Fractions of terms of punishment.


     57. Fractions  of terms  of punishment.--In calculating fractions
of terms of punishment, 4[imprinsonment] for life shall be reckoned as
equivalent to 4[imprisonment] for twenty years.


58.


     58. [Offenders  sentenced to  transportation how dealt with until
transported.] Rep.  by the Code of Criminal Procedure (Amendment) Act,
1955 (26 of 1955), s. 117 and Sch.
----------------------------------------------------------------------
1.   Ins. by Act 26 of 1955, s. 117 and Sch. (w.e.f. 1-1-1956).

2.   Subs. by Act 36 of 1957, s. 3 and Sch. II, for "1954".

3.   Subs. by  the A.  O. 1950,  for "the  Central Government  or  the
     Provincial Government  of the  Province within which the offender
     shall have  been sentenced".

4.   Subs. by  Act 26  of 1955,  s. 117 and Sch., for "transportation"
     (w.e.f. 1-1-1956).

5.   Subs. by  the A.  O. 1950,  for "the provincial Government of the
     Province within  which the  offender shall  have been sentenced".

6.   Subs., ibid, for s. 55A which had been ins. by the A. O. 1937.
---------------------------------------------------------------------

111


59.


     59. [Transportation instead of imprisonment.] Rep. by the Code of
Criminal Procedure  (Amendment) Act, 1955 (26 of 1955) s.117 and Sch.,
(w.e.f. 1-1-1956).


60.


Sentence may  be (in  certain cases  of imprisonment) wholly or partly
rigorous or simple.


     60. Sentence  may be (in certain cases of imprisonment) wholly or
partly rigorous  or simple.--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.


61.


     61. [Sentence  of forfeiture  of property.]  Rep. by  the  Indian
Penal Code (Amendment) Act, 1921 (16 of 1921), s. 4.


62.


     62. [Forfeiture  of property,  in respect of offenders punishable
with death, transportation or imprisonment.] Rep., by s. 4 ibid.


63.


Amount of fine.


     63. Amount  of fine.--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.


64.


Sentence of imprisonment for non-payment of fine.


     64. Sentence    of  imprisonment  for non-payment of fine.--1*[In
every case of an offence punishable with imprisonment as well as fine,
in which the offender is  sentenced to a fine, whether with or without
imprisonment,

     and   in   every   case   of  an   offence   punishable   2*[with
imprisonment or  fine, or]  with fine  only, in  which the offender is
sentenced to a fine.]

     it shall  be competent to the Court which sentences such offender
to direct by the sentence that, in default of payment of the fine, the
offender  shall   suffer  imprisonment   for  a  certain  term,  which
imprisonment shall  be in excess of any other imprisonment to which he
may have  been sentenced  or  to  which  he  may  be  liable  under  a
commutation of a sentence.


65.


Limit to  imprisonment for  non-payment of fine, when imprisonment and
fine awardable.


     65.  Limit   to  imprisonment   for  non-payment  of  fine,  when
imprisonment and fine awardable.--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.


66.


Description of imprisonment for non-payment of fine.


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


67.


Imprisonment for  non-payment of  fine, when  offence punishable  with
fine only.


     67. Imprisonment for non-payment of fine, when offence punishable
with  fine  only.--If  the  offence  be  punishable  with  fine  only,
3*[the  imprisonment which the  Court imposes in default of payment of
the fine  shall be  simple, and]  the term for which the Court directs
the offender  to be  imprisoned, in  default of payment of fine, shall
not exceed  the following  scale, that  is to  say, for  any term  not
exceeding two  months when  the amount  of the  fine shall  not exceed
fifty rupees,  and for  any term  not exceeding  four months  when the
amount shall  not exceed  one hundred  rupees, and  for any  term  not
exceeding six months in any other case.


68.


Imprisonment to terminate on payment of fine.


     68.  Imprisonment   to  terminate   on  payment   of   fine.--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.
----------------------------------------------------------------------
1.   Subs. by  Act 8  of 1882,  s. 2,  for "in  every case in which an
     offender is sentenced to a fine".

2.   Ins, by Act 10 of 1886, s. 21(2).

3.   Ins by Act 8 of 1882, s. 3.

112


69.


Termination of imprisonment on payment of proportional part of fine.


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

                             Illustration

     A is  sentenced to  a fine  of one  hundred rupees  and  to  four
months' imprisonment  in default  of payment.  Here,  if  seventy-five
rupees of  the fine  be paid  or levied  before the  expiration of one
month of  the imprisonment.  A will be discharged as soon as the first
month has  expired. If  seventy-five rupees  be paid  or levied at the
time of the expiration of the first month, or at any later time  while
A continues  in imprisonment.  A will  be immediately  discharged.  If
fifty 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 fifty  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.


70.


Fine leviable  within six  years, or during imprisonment. Death not to
discharge property from liability.


     70. Fine leviable within six years, or during imprisonment. Death
not to  discharge property  from liability.--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.


71.


Limit of punishment of offence made up of several offences.


     71. Limit of punishment of offence made up of several offences.--
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.

     1*[Where anything  is an  offence  falling  within  two  or  more
separate definitions  of any  law in force for the time being by which
offences are defined or punished, or

     where several acts, of which one or more than one would by itself
or themselves  constitute an  offence, constitute,  when  combined,  a
different offence,

     the offender  shall not be punished with a more severe punishment
than the  Court which  tries him  could award  for  any  one  of  such
offences].

                            Illustrations

     (a) A  gives Z  fifty strokes  with a  stick.  Here  A  may  have
committed the  offence of  voluntarily causing  hurt to Z by the whole
beating, and  also by  each of  the blows  which  make  up  the  whole
beating. If  A were  liable to  punishment for 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.


72.


Punishment of  person guilty  of one of several offences, the judgment
stating that it is doubtful of which.


     72. Punishment  of person  guilty of one of several offences, the
judgment stating  that it is doubtful of which.--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.
----------------------------------------------------------------------
1.   Ins by Act 8 of 1882, s, 4.
----------------------------------------------------------------------

113


73.


Solitary confinement.


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

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

     a time not exceeding two months if the term of imprisonment shall
exceed six months and 1*[shall not exceed one] year:

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


74.


Limit of solitary confinement.


     74. Limit  of solitary  confinement.--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.


75.


Enhanced punishment  for certain  offence under Chapter XII or Chapter
XVII after previous conviction.


     2*[75. Enhanced  punishment  for  certain  offences under Chapter
XII or  Chapter XVII  after previous conviction.--Whoever, having been
convicted,-

          (a) by  a Court  in 3*[India],  of   an  offence  punishable
     under Chapter  XII or Chapter XVII of this Code with imprisonment
     of either description for a term of three years or upwards, 4****

     4*         *               *               *               *

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 5*[imprisonment   for life] or
to imprisonment  of either  description for a term which may extend to
ten years.]


CHAPTER IV


GENERAL EXCEPTIONS


                                  CHAPTER IV

                              GENERAL EXCEPTIONS


76.


Act done  by a  person bound,  or by mistake of fact believing himself
bound, by law.--


     76. Act  done by  a person bound, or by mistake of fact believing
himself bound,  by law.--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 of Justice, being ordered by that
Court to arrest Y, and after due enquiry, believing Z to be Y, arrests
Z. A has committed no offence.


77.


Act of Judge when acting judicially.


     77. Act  of Judge  when acting judicially.--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.
----------------------------------------------------------------------
1.   Subs. by Act 8 of 1882, s. 5, for "be less than a".

2.   Subs. by Act 3 of 1910, s. 2, for the original section.

3.   Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".

4.   The word  "or" at  the end of cl. (a) and cl. (b) were omitted by
     s. 3 and Sch., ibid.

5.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life" (w.e.f. 1-1-1956).
----------------------------------------------------------------------

114


78.


Act done pursuant to the judgment or order of Court.


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


79.


Act done  by a  person justified,  or by  mistake  of  fact  believing
himself, justified, by law.


     79. Act  done by  a person  justified,  or  by  mistake  of  fact
believing himself,  justified, by law.--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.


80.


Accident in doing a lawful act.


     80. Accident  in doing a lawful act.--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.


81.


Act likely  to cause  harm, but  done without  criminal intent, and to
prevent other harm.


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

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

                            Illustrations

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

115


82.


Act of a child under seven years of age.


     82. Act  of a  child under  seven years  of age.--Nothing  is  an
offence which is done by a child under seven years of age.


83.


Act  of   a  child   above  seven   and  under   twelve  of   immature
understanding.


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


84.


Act of a person of unsound mind.


     84. Act of a person of unsound mind.--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.


85.


Act of a person incapable of judgment by reason of intoxication caused
against his will.


     85.  Act   of  a  person  incapable  of  judgment  by  reason  of
intoxication caused  against his will.--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.


86.


Offence requiring  a particular  intent or  knowledge committed by one
who is intoxicated.


     86. Offence  requiring a particular intent or knowledge committed
by one  who is  intoxicated.--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.


87.


Act not intended and not known to be likely to cause death or grievous
hurt, done by consent.


     87. Act not intended and not known to be likely to cause death or
grievous hurt,  done by  consent.--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.


88.


Act not  intended to  cause death,  done by  consent in good faith for
person's benefit.


     88. Act  not intended  to cause  death, done  by consent  in good
faith for  person's benefit.--Nothing,  which is not intented 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.


89.


Act done in good faith for benefit of child or insane person, by or by
consent of guardian.


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

116


Provisos.

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

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

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

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

                             Illustration

     A, in  good faith,  for his  child's benefit  without his child's
consent, has his child cut for the stone by a surgeon knowing it to be
likely 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.


90.


Consent known to be given under fear or misconception.


     90. Consent  known to  be given  under fear  or misconception.--A
consent is  not such  a consent  as is intended by any section of this
Code, if  the consent  is given  by a  person under fear of injury, or
under a  misconception of fact, 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


Consent of insane person.


     Consent of  insane person.-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


Consent of child.



    Consent of child.-unless the contrary appears from the context, if
the consent is given by a person who is under twelve years of age.


91.


Exclusion of acts which are offences independently of harm cause.


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

                             Illustration

     Causing miscarriage  (unless caused in good faith for the purpose
of saving  the life of the woman) is offence inexpediently 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.


92.


Act done in good faith for benefit of a person without consent.


     92. Act  done  in  good  faith  for  benefit of a person  without
consent.-Nothing  is  an  offence by reason of any harm which  it  may
causes  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-


Provisos.


117


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

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

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

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

                            Illustrations

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

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

     (c) A, a surgeon, sees a child suffer an accident which is likely
to prove  fatal unless an operation be immediately performed. There is
not time to apply to the child's guardian. A performs the operation in
spite of  the entreaties  of the  child, intending, in good faith, the
child's benefit. A has committed no offence.

     (d) A  is in  a house  which is  on fire, with Z, a child. People
below hold  out a  blanket. A  drops the  child, from  the  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 88 89 and 92.


93.


Communication made in good faith.


     93. Communication  made in  good faith.--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.


94.


Act to which a person is compelled by threats.


     94. Act  to which  a  person  is  compelled  by  threats.--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,  reasonnably  cause  the
apprehension  that instant death to that person will otherwise be  the
consequence:   Provided  the person doing the act did not of  his  own
accord,  or from a reasonable apprehension of harm to himself short of
instant  death,  place  himself in the situation by  which  he  became
subject to such constraint.

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

118


     Explantion 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.


95.


Act causing slight harm.


     95. Act  causing slight  harm.--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 the Right of Private Defence


96.


Things done in private defence.


     96. Things  done in private defence.--Nothing is an offence which
is done in the exercise of the right of private defence.


97.


Right of private defence of the body and of property.


     97. Right  of private defence of the body and of property.--Every
person has  a right,  subject to the restrictions contained in section
99, to defend-

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

          Secondly.--The property,  whether movable  or immovable,  of
     himself or  of any  other person,  against any  act which  is  an
     offence falling  under the  defintion of theft, robbery, mischief
     or criminal  trespass, or  which is  an attempt  to commit theft,
     robbery, mischief or criminal trespass.


98.


Right of  private defence against the act of a person of unsound mind,
etc.


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

                            Illustrations

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

     (b) A  enters by  night a  house which  he is legally entitled to
enter. Z, in good faith, taking A for a house-breaker, attacks A. Here
Z, by  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.


99.


Acts against which there is no right of private defence.


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

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

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


Extent to which the right may be exercised.


     Extent to which the right may be exercised.--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.

119


     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.


100.


When the  right of  private defence  of the  body extends  to  causing
death.


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

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

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

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

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

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

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


101.


When such right extends to causing any harm other than death.


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


102.


Commencement and  continuance of  the right  of private defence of the
body.


     102. Commencement and continuance of the right of private defence
of the  body.--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.


103.


When the  right of  private defence  of property  extends to  causing
death.


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

          First.-Robbery;

          Secondly.-House-breaking by night;

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

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

120


104.


When such right to causing any harm other than death.


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


105.


Commencement and  continuance of  the  right  of  private  defence  of
property.


     105. Commencement and continuance of the right of private defence
of property.--The  right of private defence of property commences when
a reasonable apprehension of danger to the property commences.

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

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

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

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


106.


Right of  private defence against deadly assault when there is risk of
harm to innocent person.


     106. Right  of private  defence against deadly assault when there
is risk  of harm  to innocent person.--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 V


OF ABETMENT


                                  CHAPTER V

                                 OF ABETMENT


107.


Abetment of a thing.


     107. Abetment  of a  thing.--A person abets the doing of a thing,
who-

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

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

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

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

                             Illustration

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

121


     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.


108.


Abettor.


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

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

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

                            Illustrations

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

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

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

                            Illustrations

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

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

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

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

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

                             Illustration

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

122


     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.


108A.


Abetment in India of offences outside India.


     1*[108A. Abetment in India of offences outside  India.--A person
abets an offence within the meaning of this Code  who,  in 2*[India],
abets the  commission of any act without  and  beyond 2*[India] which
would constitute an offence if committed in 2*[India].

                             Illustration

     A, in 2*[India], instigates B, a  foreigner  in Goa, to commit a
murder in Goa, A is guilty of abetting murder.]


109.


Punishment of  abetment if the act abetted is committed in consequence
and where no express provision is made for its punishment.


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

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

                            Illustrations

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

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

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


110.


Punishment of  abetment if  person abetted  does  act  with  different
intention from that of abettor.


     110. Punishment  of abetment  if person  abetted  does  act  with
different  intention   from  that   of  abettor.--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.
----------------------------------------------------------------------
1.   Added by Act 4 of 1898, s. 3.

2.   Subs. by Act 3 of 1951, s, 3 and Sch., for "the States".

123


111.


Liability of abettor when one act abetted and different act done.


     111. Liability  of abettor when one act abetted and different act
done.--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:


Proviso.


     Proviso.--Provided 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.

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


112.


Abettor when  liable to  cumulative punishment for act abetted and for
act done.


     112. Abettor when liable to cumulative punishment for act abetted
and for  act done.--If  the act  for which the abettor is liable under
the last  preceding section  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.


113.


Liability of abettor for an effect caused by the act abetted different
from that intended by the abettor.


     113. Liability of abettor for an effect caused by the act abetted
different from  that intended  by the abettor.--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.


114.


Abettor present when offence is committed.


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

124


115.


Abetment  of offence punishable with death or imprisonment for life-if
offence is not committed.


     115. Abetment  of offence  punishable with  death or imprisonment
for life--if offence not committed.-Whoever abets the commission of an
offence punishable  with death or 1*[imprisonment  for  life],  shall,
if that  offence be  not committed in consequence of the abetment, and
no express  provision is  made by this Code for the punishment of such
abetment, be  punished with  imprisonment of  either description for a
term which  may extend  to seven  years, and  shall also  be liable to
fine:


if act causing harm be done in consequence.


     if act  causing harm  be done in consequence.--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 1*[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.


116.


Abetment of  offence punishable  with imprisonment--if  offence be not
committed.


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


if abettor  or person  abetted be a public servant whose duty it is to
prevent offence.


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

                            Illustrations

     (a) A  offers a  bribe to  B, a  public servant,  as a reward for
showing. A  some favour  in the  exercise of B's official functions. B
refuses to accept the bribe. A is punishable under this section.

     (b) 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.

     (c) 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.

     (d) B  abets the  commission of a robbery by A, a police-officer,
whose duty  it is  to 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.


117.


Abetting commission  of offence  by the  public or  by more  than  ten
persons.


     117. Abetting commission of offence by the public or by more than
ten persons.--Whoever abets the commission of an offence by the public
generally or by any number or class of persons exceeding ten, shall be
punished with  imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
----------------------------------------------------------------------

125


                             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.


118.


Concealing  design   to  commit   offence  punishable  with  death  or
imprisonment for life.


     118. Concealing design to commit offence punishable with death or
imprisonment for  life.--Whoever intending to facilitate or knowing it
to be  likely that  he will  thereby facilitate  the commission  of an
offence punishable with death or 1*[imprisonment for life],

     voluntarily  conceals,  by  any  act  or  illegal  omission,  the
existence  of   a  design   to  commit   such  offence  or  makes  any
representation which he knows to be false respecting such design,


if offence be committed-if offence be not committed.


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

                             Illustration

     A, knowing  that dacoity  is about  to be committed at B, 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.


119.


Public servant  concealing design  to commit  offence which  it is his
duty to prevent.


     119. Public  servant concealing design to commit offence which it
is his  duty to prevent.--Whoever, being a public servant intending to
facilitate or  knowing it to be likely that he will thereby facilitate
the commission  of an  offence which  it is  his duty  as such  public
servant to prevent,

     voluntarily  conceals,  by  any  act  or  illegal  omission,  the
existence  of   a  design   to  commit  such  offence,  or  makes  any
representation which he knows to be false respecting such design.


if offence be committed.


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


if offence be punishable with death, etc.


     if offence  be punishable with death, etc.--or, if the offence be
punishable  with    death   or   1*[imprisonment   for   life],   with
imprisonment of  either description for a term which may extend to ten
years;


if offence be not committed.


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

                             Illustration

     A, an  officer of police, being legally bound to give information
of all  designs to commit robbery which may come to his knowledge, and
knowing  that  B  designs  to  commit  robbery,  omits  to  give  such
information, with intent to facilitate the commission of that offence.
here A  has by  an illegal  omission concealed  the existence  of  B's
design and  is liable to punishment according to the provision of this
section.


120.


Concealing design to commit offence punishable with imprisonment.


     120.  Concealing   design  to   commit  offence  punishable  with
imprisonment.--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,
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
----------------------------------------------------------------------

126


if offence be committed-if offence be not committed.


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


CHAPTER VA


CRIMINAL CONSPIRACY


                                  1*[CHAPTER VA

                               CRIMINAL CONSPIRACY


120A.


Definition of criminal conspiracy.


     120A.  Definition  of  criminal  conspiracy.--When  two  or  more
persons agree to do, or cause to be done,-

          (1) an illegal act, or

          (2) an  act which  is not  illegal by illegal means, such an
     agreement is designated a criminal conspiracy:

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

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


120B.


Punishment of criminal conspiracy.


     120B. Punishment  of criminal conspiracy.--(1) Whoever is a party
to a criminal conspiracy to commit an offence punishable  with  death,
2*[imprisonment for  life] or  rigorous imprisonment for a term of two
years or  upwards, shall,  where no  express provision is made in this
Code for  the punishment of such a conspiracy, be punished in the same
manner as if he had abetted such offence.

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


CHAPTER VI


OF OFFENCES AGAINST THE STATE


                                  CHAPTER VI

                        OF OFFENCES AGAINST THE STATE


121.


Waging, or  attempting to wage war, or abetting waging of war, against
the Government of India.


     121. Waging,  or attempting  to wage  war, or  abetting waging of
war, against the Government of India.--Whoever wages war  against  the
3*[Government of  India], or  attempts to  wage such war, or abets the
waging   of   such   war,   shall   be   punished   with   death,   or
4*[imprisonment for life] 5*[and shall also be liable to fine].

                         6*[Illustration.]

     7***A joins an insurrection against the  3*[Government of India].
A has committed the offence defined in this section.

     8*         *               *               *               *
----------------------------------------------------------------------
1.   Ins. by Act 8 of 1913, s. 3.

2.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation".

3.   Subs. by the A. O. 1950, for "Queen".

4.   Subs. by  Act of  1955 s.  117 and  Sch., for "transportation for
     life".

5.   Subs. by  Act 16  of 1921,  s. 2,  for "and shall forfeit all his
     property".

6.   Subs. by Act 36 of 1957, s. 3 and Sch. II, for "Illustrations".

7.   The brackets and letter "(a)" omitted by s. 3 and Sch. II, ibid.

8.   Illus tration (b) rep. by the A. O. 1950.

127


121A.


Conspiracy to commit offences punishable by section 121.


     1*[121A. Conspiracy  to commit  offences  punishable  by  section
121.--Whoever within  or  without  2*[India] conspires  to  commit any
of  the  offences  punishable  by  section  121, 3*** or conspires to
overawe, by  means of  criminal force or the show of  criminal  force,
4*[the  Central  Government  or  any  State Government 5***], shall be
punished  with  6*[imprisonment  for  life], or  with  imprisonment of
either  description  which  may extend to ten years, 7*[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.]


122.


Collecting arms,  etc., with  intention  of  waging  war  against  the
Government of India.


     122. Collecting  arms, etc., with intention of waging war against
the Government  of India.--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  8*[Government of India],
shall  be  punished  with 9*[imprisonment for life] or imprisonment of
either description for a term not exceeding  ten  years, 10*[and shall
also be liable to fine].


123.


Concealing with intent to facilitate design to wage war.


     123. Concealing  with intent  to facilitate design to wage war.--
Whoever, by  any  act,  or  by  any  illegal  omission,  conceals  the
existence  of  a  design  to  wage  war  against  the 8*[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.


124.


Assaulting  President,  Governor,  etc.,  with  intent  to  compel  or
restrain the exercise of any lawful power.


     124. Assaulting  President, Governor, etc., with intent to compel
or restrain  the exercise  of any  lawful  power.--Whoever,  with  the
intention of inducing  or  compelling  the 11*[President] of India, or
12*[Governor 13***] of any State, 14*** 15***  16***  to  exercise  or
refrain from exercising in any manner any of the lawful powers of such
17*[President or 12*[Governor 13*],

     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 17*[President or 12***
[Governor 13***],
----------------------------------------------------------------------
1.   S. 121A ins. by Act 27 of 1870, s. 4.

2.   Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".

3.   The words  "or to  deprive the  Queen of  the sovereignty  of the
     Provinces or of any part thereof" omitted by the A. O. 1950.

4.   Subs. by the A. O. 1937, for "the G. of I. or any L. G.".

5.   The words "or the Govt. of Burma" rep. by the A. O. 1948.

6.   Subs. by  Act 26  of 1955,  s. 117  and Sch., for "transportation
     for life or any shorter term".

7.   Ins. by Act 16 of 1921, s. 3.

8.   Subs. by the A. O. 1950, for "Queen".

9.   Subs. by  Act 26  of 1955,  s. 117  and Sch., for "transportation
     for life".

10.  Subs.  by  Act 16  of 1921,  s. 2, for "and shall forfeit all his
     property".

11.  Subs. by the A. O. 1950, for "Governor General".

12.  Subs. by Act 3 of 1951, s. 3 and Sch., for "Governor".

13.  The words  "or Rajpramukh" omitted by the Adaptation of Laws (No.
     2) Order, 1956.

14.  The words "or a Leutenant-Governor" rep. by the A. O. 1937.

15.  The words  "or a Member of the Council of the Governor General of
     India" rep. by the A. O. 1948.

16.  The words "or of the Council of any Presidency" rep. by the A. O.
     1937.

17.  The  original  words  "Governor  General,  Governor,  Lieutenant-
     Governor or  Member of Council" have successively been amended by
     the A.O. 1937, A. O. 1948 and A. O. 1950 to read as above.
----------------------------------------------------------------------

128

     shall be punished with imprisonment of  either  description for a
term which may  extend to  seven  years, and  shall  also be liable to
fine.


124A.


Sedition.


     1*[124A. Sedition.--Whoever  by  words, either spoken or written,
or  by  signs, or  by  visible representation, or otherwise, brings or
attempts to  bring  into hatred or contempt, or excites or attempts to
excite  disaffection towards, 2***the Government established by law in
3*[India], a 4***shall be  punished with 5*[imprisonment for life], to
which  fine  may  be  added, or  with imprisonment which may extend to
three years, to which fine may be added, or with fine.

     Explanation 1.-The expression "disaffection" includes disloyalty
and all feelings of enmity.

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

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


125.


Waging war against any Asiatic  Power  in alliance with the Government
of India.


     125. Waging war against any Asiatic  Power  in alliance with the
Government of India.--Whoever wages war against the Government of any
Asiatic Power in alliance  or  at  peace  with  the  6*[Government of
India] or attempts to wage such war, or abets the waging of such war,
shall be punished  with 7*[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.


126.


Committing  depredation  on territories  of Power  at  peace with the
Government of India.


     126. Committing depredation on territories of Power at peace with
the   Government of  India.--Whoever  commits  depredation,  or  makes
preparations to commit depredation, on the territories of any Power in
alliance   or  at  peace  with  the 6*[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.


127.


Receiving property taken by war or depredation  mentioned  in sections
125 and 126.


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


128.


Public  servant  voluntarily  allowing  prisoner  of  state or war to
escape.


     128. Public servant voluntarily allowing prisoner of state or war
to  escape.--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 7*[imprisonment for life], or imprisonment of
either description for a term which may extend to ten years, and shall
also be liable to fine.
----------------------------------------------------------------------
1.   Subs. by Act 4 of 1898, s. 4, for the original s. 124A which had
     been ins. by Act 27 of 1870, s. 5.
2.   The words "Her Majesty  or"  rep. by the A.O. 1950. The words "or
     the  Crown  Representative" ins. after  the word "Majesty" by the
     A.O. 1937 were rep. by the A.O. 1948.
3.   Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
4.   The words "or British Burma" ins. by the A.O. 1937 rep. by the
     A.O. 1948.
5.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life or any shorter term".
6.   Subs. by the A.O. 1950, for "Queen".
7.   Subs. by  Act 26 of 1955, s. 117  and  Sch.,  for "transportation
     for  life".

129


129.


Public servant negligently suffering such prisoner to escape.


     129. Public  servant  negligently  suffering  such   prisoner  to
escape.--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.


130.


Aiding escape of, rescuing or harbouring such prisoner.


     130. Aiding escape of,  rescuing  or harbouring  such prisoner.--
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
1*[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
2*[India], is said to escape from lawful custody if he goes beyond the
limits within which he is allowed to be at large.


CHAPTER VII


OF OFFENCES RELATING TO THE ARMY, [NAVY AND AIR FORCE]


                             CHAPTER VII

       OF OFFENCES RELATING TO THE ARMY, 3*[NAVY AND AIR FORCE]


131.


Abetting mutiny, or attempting to  seduce  a soldier, sailor or airman
from his duty.


     131. Abetting mutiny, or attempting to  seduce  a soldier, sailor
or airman from his duty.--Whoever abets the committing of mutiny by an
officer, soldier, 4*[sailor  or  airman], in  the Army, 5*[Navy or Air
Force]  of  the 6*[Government of India] or attempts to seduce any such
officer, soldier, 4*[sailor  or  airman] from  his  allegiance  or his
duty, shall  be  punished  with 1*[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.

     7*[Explanation.-In   this   section   the   words   "officer", 8*
["soldier", 9*["sailor"]  and "airman"]  include any person subject to
the 10*[Army  Act, 11*[the  Army Act, 1950 (46 of 1950)], 9*[the Naval
Discipline  Act,  12***the  Indian Navy (Discipline) Act,1934  (34  of
1934)]  13*[the  Air Force Act or 14*[the Air Force Act, 1950  (45  of
1950)]], as the case may be].]

----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
2.   Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
3.   Subs. by Act 10 of 1927, s. 2 and Sch. I, for "and Navy".
4.   Subs. by s. 2 and Sch. I, ibid., for "or sailor".
5.   Subs. by  s. 2 and sch. I, ibid., for "or Navy".
6.   Subs. by the A.O. 1950 for "Queen".
7.   Ins. by Act 27 of 1870, s. 6.
8.   Subs. by Act 10 of 1927, s. 2 and Sch. I, for "and soldier".
9.   Ins. by Act 25 of 1934, s. 2 and Sch.
10.  Subs.  by  Act  10 of 1927, s. 2 and Sch. I, for "Articles of War
     for  the  better  government  of  Her  Majesty's  Army, or to the
     Articles of War contained in Act No. 5 of 1869".
11.  Subs. by Act 3 of 1951, s. 3 and Sch., for "the  Indian Army Act,
     1911".
12.  The  words  "or that Act  as  modified by" were rep. by  the A.O.
     1950.
13.  Subs. by Act 14 of 1932, s. 130 and Sch., for "or the  Air  Force
     Act".
14.  Subs. by Act 3 of 1951, s.3 and Sch.,  for "the  Indian Air Force
     Act, 1932".
----------------------------------------------------------------------

130


132.


Abetment of mutiny, if mutiny is committed  in  consequence thereof.


     132. Abetment of mutiny, if mutiny  is  committed  in consequence
thereof.--Whoever  abets   the  committing  of  mutiny  by an officer,
soldier, 1*[sailor or airman], in the Army, 2*[Navy or Air Force] of
the  3*[Government  of  India], shall, if  mutiny  be   committed   in
consequence   of   that   abetment,  be   punished  with death or with
4*[imprisonment for life], or imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.


133.


Abetment of assault  by  soldier,  sailor  or  airman  on his superior
officer, when in execution of his office.


     133. Abetment  of  assault  by  soldier, sailor  or airman on his
superior officer, when in execution of  his  office.--Whoever abets an
assault  by  an  officer,  soldier, 1*[sailor or airman], in the Army,
2*[Navy or  Air Force] of the 3*[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.


134.


Abetment of such assault, if the assault committed.


     134. Abetment of such assault, if the assault committed.--Whoever
abets an  assault by an officer, soldier, 1*[sailor or airman], in the
Army, 2*[Navy  or  Air  Force] of  the 3*[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.


135.


Abetment of desertion of soldier, sailor or airman.


     135. Abetment  of  desertion  of  soldier,  sailor  or  airman.--
Whoever,  abets  the  desertion  of any officer, soldier, 1*[sailor or
airman], in  the  Army, 2*[Navy  or  Air  Force] of  the 3*[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.


136.


Harbouring deserter.


     136.  Harbouring   deserter.--Whoever,   except   as  hereinafter
excepted,  knowing  or  having  reason  to believe  that  an  officer,
soldier, 1*[sailor or airman], in  the Army, 2*[Navy or Air  Force] of
the 3*[Government  of  India], has  deserted, harbours  such  officer,
soldier, 1*[sailor or airman], shall be punished with imprisonment  of
either  description for a term which may extend to two years, or  with
fine or with both.

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


137.


Deserter  concealed  on  board  merchant  vessel through negligence of
master.


     137. Deserter   concealed   on   board   merchant  vessel through
negligence  of  master.--The master or  person in charge of a merchant
vessel, on  board  of which any deserter from the Army, 2*[Navy or Air
Force] of  the  3*[Government  of  India] is  concealed, shall, though
ignorant  of  such  concealment, be  liable to a penalty not exceeding
five  hundred  rupees, if  he might have known of such concealment but
for  some  neglect  of his duty as such master or person in charge, or
but for some want of discipline on board of the vessel.


138.


Abetment of act of insubordination by soldier, sailor or airman.


     138. Abetment  of  act  of  insubordination by soldier, sailor or
airman.-Whoever abets what he knows to be an act of insubordination by
an officer, soldier, 1*[sailor or airman], in the Army, 2*[Navy or air
Force], of  the  3*[Government   of   India], shall,  if  such  act of
insubordination   be   committed  in  consequence of that abetment, be
punished with imprisonment of either  description for a term which may
extend to six months, or with fine, or with both.


138A.


[Repealed.]


     138A. [Application of foregoing  sections  to  the  Indian Marine
Service.] Rep. by the Amending Act, 1934 (35 of 1934), s. 2 and Sch.
----------------------------------------------------------------------
1.   Subs. by Act 10 of 1927, s. 2 and Sch. I, for "or sailor".

2.   Subs. by s. 2 and Sch. I, ibid., for "or Navy".

3.   Subs. by the A.O. 1950, for "Queen".

4.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".

131


139.


Persons subject to certain Acts.


     139. Persons  subject  to certain Acts.--No person  subject to 1*
[the  Army Act, 2*[the  Army  Act,  1950  (46  of  1950)],  the  Naval
Discipline  Act, 3*[4***the Indian  Navy  (Discipline)  Act, 1934  (34
of 1934)], 5*[the  Air   Force  Act  or  6*[the  Air  Force  Act, 1950
(45 of 1950)]]], is  subject to punishment under this Code  for any of
the offences defined in this Chapter.


140.


Wearing garb or carrying token used by soldier, sailor or airman.


     140. Wearing garb  or carrying token used by  soldier,  sailor or
airman.--Whoever, not  being a soldier, 7*[sailor  or  airman] in  the
Military, 8*[Naval or Air]  service  of  the  9*[Government of India],
wears  any garb or carries any token resembling any garb or token used
by such a soldier, 7*[sailor or airman] with the intention that it may
be believed that he is such a soldier, 7*[sailor  or airman], shall be
punished  with imprisonment of either description for a term which may
extend to  three months, or with fine which may extend to five hundred
rupees, or with both.


CHAPTER VIII


OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY


                                  CHAPTER VIII

                   OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY


141.


Unlawful assembly.


     141. Unlawful  assembly.--An assembly of  five or more persons is
designated an "unlawful assembly", if the common object of the persons
composing that assembly is-

          First.-To overawe  by  criminal  force, or  show of criminal
     force, 10*[the Central or  any  State  Government  or  Parliament
     or  the Legislature of any State], or any public servant  in  the
     exercise of the lawful power of such public servant; or

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

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

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

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

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


142.


Being member of unlawful assembly.


     142. Being member of unlawful assembly.--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.
----------------------------------------------------------------------
1.   Subs. by Act 10 of 1927, s. 2 and  Sch. I, for "any  Articles  of
     War for the Army or Navy of the Queen, or  for  any  part of such
     Army or Navy".

2.   Subs. by Act 3 of 1951, s. 3 and Sch., for "the Indian  Army Act,
     1911".

3.   Ins. by Act 35 of 1934, s. 2 and Sch.

4.   The words "or that Act as modifed by" rep. by the A.O. 1950.

5,   Subs. by Act 14 of 1932, s. 130  and Sch., for "or the Air  Force
     Act".

6.   Subs. by Act 3 of 1951, s. 3 and Sch., for "the Indian  Air Force
     Act, 1932".

7.   Ins. by Act 10 of 1927, s. 2 and Sch. I.

8.   Subs. by s. 2 and Sch. I, ibid., for "or Naval".

9.   Subs. by the A.O. 1950, for "Queen".

10.  Subs., ibid., for "the Central or any  Provincial  Government  or
     Legislature".
----------------------------------------------------------------------

132


143.


Punishment.


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


144.


Joining unlawful assembly armed with deadly weapon.


     144. Joining  unlawful  assembly  armed  with  deadly   weapon.--
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.


145.


Joining  or  continuing  in  unlawful  assembly,  knowing  it has been
commanded to disperse.


     145. Joining or continuing in unlawful assembly, knowing  it  has
been commanded to disperse.--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  extent to two
years, or with fine, or with both.


146.


Rioting.


     146. Rioting.--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.


147.


Punishment for rioting.


     147. Punishment for rioting.--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.


148.


Rioting, armed with deadly weapon.


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


149.


Every  member  of  unlawful  assembly  guilty  of offence committed in
prosecution of common object.


     149. Every   member   of  unlawful  assembly  guilty  of  offence
committed in prosecution of common object.--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.


150.


Hiring, or conniving at hiring, of persons to join unlawful assembly.


     150. Hiring, or conniving at hiring, of persons to join  unlawful
assembly.--Whoever  hires  or  engages, or  employes, 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.


151.


Knowingly joining or continuing  in  assembly  of five or more persons
after it has been commanded to disperse.


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

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


152.


Assaulting or obstructing public servant when suppressing riot, etc.


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

133


153.


Want  only giving provocation with intent to cause riot-if rioting  be
committed:if not committed.


     153. Want only giving provocation with intent  to  cause riot--if
rioting  be  committed: if  not  committed.-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.


153A.


Promoting enmity between different groups on ground of religion, race,
place of birth, residence, language, etc., and doing acts  prejudicial
to maintenance of harmony.


     1*[153A. Promoting  enmity  between different groups on ground of
religion, race, place  of  birth, residence, language, etc., and doing
acts prejudicial to maintenance of harmony.--(1) Whoever-

          (a) by words, either  spoken  or  written, or by signs or by
     visible  representations  or  otherwise, promotes  or attempts to
     promote, on grounds of religion, race, place of birth, residence,
     language,  caste  or  community  or  any other ground whatsoever,
     disharmony or  feelings of enmity,  hatred  or  ill-will  between
     different  religious, racials, 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, 2*[or]

          2*[(c) organizes  any  exercise,  movement,  drill  or other
     similar activity intending that the participants in such activity
     shall  use  or  be  trained  to use criminal force or violence or
     knowing it to be likely  that the participants in  such  activity
     will use or be trained to  use  criminal  force  or  violence, or
     participates in such activity intending to use or  be  trained to
     use criminal force or violence or knowing  it  to  be likely that
     the participants in such activity will use or  be  trained to use
     criminal  force  or  violence,  against  any  religious,  racial,
     language  or  regional  group  or  caste  or  community  and such
     activity for 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) Offence committed in place  of worship, etc.--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.]


153B.


Imputations, assertions prejudicial to national integration.


     2*[153B.  Imputations,  assertions    prejudicial   to   national
integration.--(1) Whoever, by words  either  spoken  or  written or by
signs or by visible representations or otherwise,-

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

          (b) asserts, counsels, advises, propagates or publishes that
     any class of   persons   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
----------------------------------------------------------------------
1.   Subs. by Act 35 of 1969, s. 2, for s. 153A.

2.   Ins. by Act 31 of 1972, s. 2.
----------------------------------------------------------------------

134


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

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

     (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].


154.


Owner or occupier of land on which an unlawful assembly is held.


     154. Owner or occupier of land  on  which an unlawful assembly is
held.--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 principal  officer  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.


155.


Liability of person for whose benefit riot is committed.


     155. Liability of person for whose benefit  riot  is committed.--
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.


156.


Liability of agent of owner  or  occupier  for  whose  benefit riot is
committed.


     156. Liability of agent of owner or  occupier  for  whose benefit
riot is committed.--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.


157.


Harbouring persons hired for an unlawful assembly.


     157. Harbouring  persons hired for an unlawful assembly.--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.


158.


Being hired to take part in an unlawful assembly or riot;


     158. Being hired to take part in an unlawful assembly or  riot;--
Whoever is engaged, or hired, or offers or  attempts  to  be  hired or
engaged, to do or assist in doing any of the acts specified in section
141, shall be punished with imprisonment of  either  description for a
term which may extend to six months, or with fine, or with both.

135


or to go armed.


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


159.


Affray.


     159. Affray.--When two or more persons, by fighting  in a  public
place, disturb the public peace, they are said to "commit  an affray".


160.


Punishment for committing affray.


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


CHAPTER IX


OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS


                                  CHAPTER IX

                  OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS


161 to 165A.


     161 to 165A.Rep. by the Prevention of Corruption Act, 1988 (49 of
1988), s. 31.


166.


Public  servant  disobeying  law,  with  intent to cause injury to any
person.


     166. Public servant disobeying law, with  intent  to cause injury
to any person.--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.

                             IIIustration

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


167.


Public servant  framing  an  incorrect  document  with intent to cause
injury.


     167. Public servant framing an incorrect document with  intent to
cause injury.--Whoever, being  a  public  servant, and  being, as such
public servant, charged with the  preparation or  translation  of  any
document, frames or translates that  document  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.


168.


Public servant unlawfully engaging in trade.


     168. Public servant unlawfully engaging in trade.--Whoever, being
a public servant, and being legally bound as  such  public servant not
to engages 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.


169.


Public servant unlawfully buying or bidding for property.


     169. Public servant unlawfully buying or bidding for  property.--
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.


170.


Personating a public servant.


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

136


171.


Wearing garb or carrying token used by  public servant with fraudulent
intent.


     171. Wearing garb or carrying token used by  public  servant with
fraudulent intent.--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 two hundred rupees, or with both.


CHAPTER IXA


OF OFFENCES RELATING TO ELECTIONS


                                  1*[CHAPTER IXA

                        OF OFFENCES RELATING TO ELECTIONS


171A.


"Candidate", "Electoral right" defined.


     171A. "Candidate", "Electoral right" defined.--For  the  purposes
of this Chapter-

          2*[(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.


171B.


Bribery.


     171B. Bribery.--(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.


171C.


Undue influence at elections.


     171C. Undue  influence  at  elections.--(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).
----------------------------------------------------------------------
1.   Chapter IXA was ins. by Act 39 of 1920, s. 2.
2.   Subs. by Act 40 of 1975, s. 9. for cl. (a), (w.e.f. 6-8-1975).
----------------------------------------------------------------------

137


     (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.


171D.


Personation at elections.


     171D. Personation at elections.--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.


171E.


Punishment for bribery.


     171E. Punishment for bribery.--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.


171F.


Punishment for undue influence or personation at an election.


     171F. Punishment   for   undue  influence  or  personation  at an
election.--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.


171G.


False statement in connection with an election.


     171G. False  statement  in  connection with an election.--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.


171H.


Illegal payments in connection with an election.


     171H. Illegal payments  in  connection with an election.--Whoever
without the general or special  authority  in  writing  of a candidate
incurs or authorizes expenses on account of the holding of  any public
meeting, or upon any advertisement, circular or publication, or in any
other way whatsoever  for  the  purpose  of promoting or procuring the
election of such candidate, shall  be  punished  with  fine  which may
extend to five hundred rupees :

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


171-I.


Failure to keep election accounts.


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


CHAPTER X


OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS


                                  CHAPTER X

           OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS


172.


Absconding to avoid service of summons or other proceeding.


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

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

138


173.


Preventing  service  of  summons  or  other  proceeding, or preventing
publication thereof.


     173. Preventing  service of   summons  or  other  proceeding,  or
preventing publication thereof.--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, such  public  servant, to  issue  such  summons,  notice or
order,

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

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

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

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

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


174.


Non-attendance in obedience to an order from public servant.


     174. Non-attendance in   obedience   to  an  order  from   public
servant.--Whoever, being legally bound to attend  in  person  or by an
agent at a certain place and time in obedience  to a summons,  notice,
order, or proclamation proceeding  from  any  public  servant  legally
competent, as such public servant, to issue the same,

     intentionally omits to attend at that  place  or time, or departs
from the place where he is bound to attend before the time at which it
is lawful for him to depart,

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

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

                            Illustrations

     (a) A, being legally bound to appear before  the  1*[High  Court]
at Calcutta, in obedience  to  a subpoena  issuing  from  that  Court,
intentionally omits to appear.  A has committed the offence defined in
this section.

     (b) A, being   legally  bound  to  appear  before  a  2*[District
Judge],  as  a  witness,  in  obedience  to  a  summons issued by that
2*[District Judge] intentionally omits to appear.  A has committed the
offence defined in this section.


175.


Omission to produce document to public servant by person legally bound
to produce it.


     175. Omission to produce document to  public  servant  by  person
legally bound to produce it.--Whoever, being legally bound to  produce
or  deliver   up   any   document   to   any  public servant, as such,
intentionally omits so to produce  or  deliver  up  the same, shall be
punished with simple imprisonment for a term which may  extend  to one
month, or with fine which may extend to five  hundred  rupees, or with
both;
----------------------------------------------------------------------
1.   Subs. by the A.O. 1950, for "Supreme Court".

2.   Subs. ibid., for "Zila Judge".

139

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

                             Illustration

     A,  being  legally   bound   to  produce  a   document  before  a
1*[District court], intentionally omits to  produce  the  same.  A has
committed the offence defined in this section.


176.


Omission to give notice or  information  to  public  servant by person
legally bound to give it.


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

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

     2*[or, if the notice  or  information  required  to  be  given is
required by  an  order  passed under sub-section (1) of section 565 of
the Code of Criminal Procedure, 1898 (5 of 1898), 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.]


177.


Furnishing false information.


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

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

                            Illustrations

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

     (b) A, a village watchman, knowing that  a  considerable  body of
strangers has passed through his village in  order to commit a dacoity
in the house of Z, a  wealthy  merchant  residing  in  a  neighbouring
place, and  being  bound  under  clause 5,  section  VII, 3*Regulation
III, 1821, of the  Bengal Code, to give early and punctual information
of the above fact to the   officer  of  the  nearest  police  station,
wilfully  misinforms  the  police  officer  that  a body of suspicious
characters passed through the village with a view to commit dacoity in
a certain distant place in a different direction. Here  A is guilty of
the offence defined in the latter part of this section.
----------------------------------------------------------------------
1.   Subs. by the A.O. 1950, for "Zila Court".

2.   Ins. by Act 22 of 1939, s. 2.

3.   Rep. by Act 17 of 1862.

140


     1*[Explanation.-In section  176  and  in   this  section the word
"offence" includes any act  committed  at  any place out of 2*[India],
which, if committed in 2*[India], would be punishable under any of the
following sections, namely, 302, 304,  382,  392,  393, 394, 395, 396,
397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and the
word "offender" includes any person who is alleged to have been guilty
of any such act.]


178.


Refusing oath or affirmation when duly required  by  public servant to
make it.


     178. Refusing oath or affirmation  when  duly  required by public
servant  to make it.--Whoever refuses to bind himself by an oath 3*[or
affirmation] to state the truth, when required so to bind himself by a
public  servant  legally  competent to require that he shall  so  bind
himself,  shall be punished with simple imprisonment for a term  which
may  extend  to  six  months, or with fine which  may  extend  to  one
thousand rupees, or with both.


179.


Refusing to answer public servant authorized to question.


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


180.


Refusing to sign statement.


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


181.


False statement on oath or  affirmation  to  public  servant or person
authorized to administer an oath or affirmation.


     181. False statement on oath or affirmation to public  servant or
person authorized to  administer  an  oath  or  affirmation.--Whoever,
being legally bound  by  an oath 3*[or affirmation] to state the truth
on any subject to any public servant or other person authorized by law
to administer such oath 3*[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.


182.


False information, with intent  to  cause  public  servant  to use his
lawful power to the injury of another person.


     4*[182. False information, with intent  to  cause  public servant
to use his lawful  power  to  the  injury  of another person.--Whoever
gives to any public servant any information which he knows or believes
to be false, intending thereby to cause,  or  knowing  it to be likely
that he will thereby cause such public servant-

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

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

shall be punished with imprisonment of either  description  for a term
which may extend to six months, or with fine which  may  extend to one
thousand rupees, or with both.
----------------------------------------------------------------------
1.   Ins. by Act 3 of 1894, s. 5

2.   Subs. by Act 3 of 1951, s. 3 and sch. for "the States".

3.   Ins. by Act 10 of 1873, s. 15.

4.   Subs. by Act 3 of 1895, s. 1, for the original s. 182.

141


                            Illustrations

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

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

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


183.


Resistance to the taking of  property by the  lawful  authority  of  a
public servant.


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


184.


Obstructing sale of property  offered  for sale by authority of public
servant.


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


185.


Illegal purchase or bid for property offered  for sale by authority of
public servant.


     185. Illegal purchase  or bid for  property  offered  for sale by
authority of public servant.--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.


186.


Obstructing public servant in discharge of public functions.


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


187.


Omission to  assist  public  servant  when  bound   by   law  to  give
assistance.


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

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

142


188.


Disobedience to order duly promulgated by public servant.


     188. Disobedience to order duly promulgated by public  servant.--
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,

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

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

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

                             Illustration

     An order is promulgated by a public servant lawfully empowered to
promulgated 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.


189.


Threat of injury to public servant.


     189. Threat of injury to public servant.--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.


190.


Threat of injury to  induce  person  to  refrain  from   applying  for
protection to public servant.


     190. Threat of injury to induce person to refrain  from  applying
for protection to public servant.--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.


CHAPTER XI


OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE


                                  CHAPTER XI

            OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE


191.


Giving false evidence.


     191. Giving false evidence.--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.

143


                            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.

     (c) A, knowing the general character  of Z's  handwriting, states
that he believes a 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.


192.


Fabricating false evidence.


     192. Fabricating false evidence.--Whoever causes any circumstance
to exist or makes any false entry in any book or record, or  makes any
document  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  of   Justice. A has
fabricated false evidence.

     (c) A, with the intention of  causing  Z  to  be   convicted of a
criminal conspiracy, writes 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.


193.


Punishment for false evidence.


     193. Punishment for false evidence.--Whoever intentionally  gives
false evidence in any 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;

     and whoever intentionally gives or  fabricates  false evidence in
any other case, shall  be   punished  with   imprisonment   of  either
description for a term which may extend to three years, and shall also
be liable to fine.

144


     Explanation 1.-A trial before a  Court-martial 1****is a judicial
proceeding.

     Explanation 2.-An investigation  directed by law preliminary to a
proceeding before a Court of Justice, is   a   stage   of  a  judicial
proceeding, though that investigation may   not  take  place  before a
Court of Justice.

                             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 as given false evidence.

     Explanation 3.-An investigation  directed  by  a Court of Justice
according to law, and  conducted  under  the  authority  of a Court of
Justice, is a   stage   of   a   judicial   proceeding,  though   that
investigation may not take place before a Court of Justice.

                             Illustration

     A, in an enquiry before an officer deputed  by a Court of Justice
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.


194.


Giving or fabricating false evidence with intent to procure conviction
of capital offence;


     194. Giving or fabricating false evidence with intent to  procure
conviction of capital offence.--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 2*[by the  laws  for  the time being in force in 3*[India]]
shall be punished with 4*[imprisonment  for  life], or  with  rigorous
imprisonment for a term which may extend to ten  years, and shall also
be liable to fine;


If innocent person be thereby convicted and executed.


     If innocent person be thereby conviceted and executed.--and if an
innocent person be convicted and executed in consequence of such false
evidence, the person who gives such false evidence  shall  be punished
either with death or the punishment hereinbefore described.


195.


Giving or fabricating false evidence with intent to procure conviction
of offence punishable with imprisonment for life or imprisonment.



     195. Giving or fabricating false evidence with intent to  procure
conviction  of  offence  punishable  with  imprisonment  for  life  or
imprisonment.--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 2*[by the  law
for  the  time  being  in  force in 3*[India]]  is  not  capital,  but
punishable  with 4*[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  of  Justice, intending
thereby to  cause Z  to  be  convicted of a dacoity. The punishment of
dacoity is 4*[imprisonment for life],  or  rigorous  imprisonment  for
a term which  may  extend  to  ten  years,  with  or  without fine. A,
therefore, is liable to 5*[imprisonment  for  life]  or  imprisonment,
with or without fine.


196.


Using evidence known to be false.


     196. Using evidence known to be false.--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.
----------------------------------------------------------------------
1.   The words "or before a Military Court of Request" were omitted by
     the Cantonments Act, 1889 (13 of 1889).

2.   Subs. by the A.O. 1948,  for "by  the  law  of  British India  or
     England".

3.   Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".

4.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".

5.   Subs. by s. 117 and Sch., ibid., for "such transportation".

145


197.


Issuing or signing false certificate.


     197. Issuing or  signing  false  certificate.--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.


198.


Using as true a certificate known to be false.


     198. Using as true a  certificate  known  to  be  false.--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.


199.


False statement made in  declaration  which  is  by  law receivable as
evidence.


     199. False statement  made  in   declaration  which  is  by   law
receivable as  evidence.--Whoever,  in   any   declaration   made   or
subscribed by him, which  declaration  any  Court  of  Justice, or any
public servant or other person, is bound or   authorized  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.


200.


Using as true such declaration knowing it to be false.


     200. Using as true such declaration   knowing  it  to be flase.--
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
sections 199 and 200.


201.


Causing   disappearance   of   evidence  of  offence, or  giving false
information to screen offender.


     201. Causing disappearance of  evidence  of  offence,  or  giving
false information  to  screen offender.--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,


if a capital offence;


     if a capital offence.--shall, 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;


if punishable with imprisonment for life;


     if punishable with imprisonment for life.--and if  the offence is
punishable with 1*[imprisonment   for  life], or   with   imprisonment
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;


if punishable with less than ten years' imprisonment.


     if  punishable   with  less   than   ten  years'  imprisonment.--
and  if  the offence is punishable with imprisonment for any term  not
extending  to  ten years, 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
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.


202.


Intentional omission to give information of offence by person bound to
inform.


     202. Intentional omission to   give  information  of  offence  by
person bound to inform.--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, or with both.
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".

146


203.


Giving false information respecting an offence committed.


     203. Giving false information  respecting an offence committed.--
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.

     1*[Explanation.-In spections 201 and  202  and  in  this  section
the word "offence" includes  any act  committed at any  place  out  of
2*[India], which, if committed in 2*[India], would be punishable under
any of the following sections, namely, 302,  304,  382, 392, 393, 394,
395, 396, 397, 398, 399, 402, 435, 436,  449, 450, 457,  458,  459 and
460.]


204.


Destruction of document to prevent its production as evidence.


     204. Destruction   of   document  to prevent  its  production  as
evidence.--Whoever secrets or destroys any   document  which he may be
lawfully compelled to produce as evidence in a Court of Justice, 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 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 two years, or with
fine, or with both.


205.


False  personation  for  purpose   of   act  or  proceeding in suit or
prosecution.


     205. False personation for purpose of act or   proceeding in suit
or prosecution.--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.


206.


Fraudulent removal or concealment of property  to  prevent its seizure
as forfeited or in execution.


     206. Fraudulent removal or concealment of property to prevent its
seizure as forfeited or in execution.--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  of Justice 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 of Justice 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.


207.


Fraudulent claim to property to prevent its seizure as forfeited or in
execution.


     207. Fraudulent claim  to  property  to  prevent  its  seizure as
forfeited or in execution.--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 practices 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 of Justice 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 of  Justice
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.
----------------------------------------------------------------------
1.   Ins. by Act 3 of 1894, s. 7.

2.   Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".

147


208.


Fraudulently suffering decree for sum not due.


     208. Fraudulently suffering   decree  for  sum  not due.--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.



209.


Dishonestly making false claim in Court.


     209. Dishonesty  making    false    claim    in   Court.--Whoever
fraudulently or dishonestly, or with  intent  to  injure  or annoy any
person, makes in a Court of Justice 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.


210.


Fraudulently obtaining decree for sum not due.


     210. Fraudulently   obtaining   decree  for sum not due.--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.


211.


False charge of offence made with intent to injure.


     211. False charge of   offence  made   with   intent to injure.--
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, shall be punished   with  imprisonment  of
either description for a term which may extend  to  two years, or with
fine, or with both;

     and if such criminal proceeding be instituted  on  a false charge
of an offence punishable with  death  1*[imprisonment  for  life],  or
imprisonment for seven  years  or upwards,  shall  be  punishable with
imprisonment of either description  for  a  term  which  may extend to
seven years, and shall also be liable to fine.


212.


Harbouring   offender-if  a  capital   offence,  if  punishable   with
imprisonment for life, or with imprisonment.


     212. Harbouring   offender.--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,


if a capital offence;


     if a capital offence;--shall, 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;


if punishable with imprisonment for life, or with imprisonment.


     if punishable with imprisonment for life, or with imprisonment.--
and if the offence is punishable with  1*[imprisonment  for  life], or
with imprisonment 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;

     and if the offence is punishable   with   imprisonment  which may
extend to one  year, and not to ten years, 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
imprisonment provided for the offence, or with fine, or with both.
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
----------------------------------------------------------------------

148


     1*["Offence" in this section   includes  any act committed at any
place out of 2*[India], which, if  committed  in  2*[India],  would be
punishable under any of the following sections, namely, 302, 304, 382,
392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449,  450, 457,
458, 459 and 460; and 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 2*[India].]

     Exception.-This provision shall not  extend  to any case in which
the harbour or concealment is by the husband or  wife 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
3*[imprisonment for life], A is  liable  to  imprisonment  of   either
description for a term not exceeding three years, and is   also liable
to fine.


213.


Taking  gift, etc., to screen an offender from punishment-if a capital
offence;    if  punishable  with  imprisonment   for  life,  or   with
imprisonment.


213. Taking gift, etc., to screen an offender from punishment--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,


if a capital offence;


     if a capital offence;-shall, 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;


if punishable with imprisonment for life, or with imprisonment.


     if punishable with imprisonment for life, or with imprisonment.--
and if the offence is punishable  with 3*[imprisonment  for  life], or
with  imprisonment  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;

     and if the offence is punishable with imprisonment  not extending
to ten years, 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 imprisonment provided for the  offence, or
with fine, or with both.


214.


Offering gift or restoration of property in consideration of screening
offender-if  a  capital offence;  if punishable with imprisonment  for
life, or with imprisonment.


     214. Offering gift or restoration of property in consideration of
screening offender.--Whoever gives or causes, or offers  or  agrees to
give or cause, any  gratification  to  any  person, or  4*[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,


if a capital offence;


     if a capital offence;-shall, 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;


if punishable with imprisonment for life, or with imprisonment.


     if punishable with imprisonment for life, or  with imprisonment.-
and if the offence is punishable   with  3*[imprisonment  for life] or
with imprisonment 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;
----------------------------------------------------------------------
1.   Ins. by Act 3 of 1894, s. 7.

2.   Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".

3.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".

4.   Subs. by Act 42 of 1953, s. 4 and the Third Sch., for "to restore
     or cause the restoration of".
----------------------------------------------------------------------

149

     and if the  offence is punishable with imprisonment not extending
to ten years, 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 imprisonment provided  for the offence, or
with fine, or with both.

     1*[Exception.-The provisions of  sections 213  and  214  do   not
extend to any case in which the offence may lawfully be compounded.]

     2*         *               *               *               *


215.


Taking gift to help to recover stolen property, etc.


     215. Taking gift to  help  to   recover  stolen  property, etc.--
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 Code, 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.


216.


Harbouring offender who has escaped from custody or whose apprehension
has   been  ordered-if  a  capital   offence;   if   punishable   with
imprisonment for life, or with imprisonment.


     216. Harbouring offender who has   escaped  from custody or whose
apprehension has been ordered.--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, that is to say,


if a capital offence;


     if a capital offence;--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;


if punishable with imprisonment for life, or with imprisonment.


     if punishable with imprisonment for life, or  with imprisonment.-
if the offence is  punishable  with  3*[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;

     and if the offence is punishable with  imprisonment   which   may
extend to one 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.

     4*["Offence" in this section includes also  any   act or omission
of which a person is alleged to have  been  guilty  out  of 5*[India],
which, if he had been guilty of it in  5*[India],  would   have   been
punishable  as an offence, and for which he is, under any law relating
to extradition, 6*or otherwise liable to  be  apprehended  or detained
in custody in 5*[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 5*[India].]

     Exception.-The  provision does not extend to   the  case in which
the harbour or concealment is by the husband or wife of  the person to
be apprehended.


216A.


Penalty for harbouring robbers or dacoits.


     7*[216A. Penalty for   harbouring   robbers or dacoits.--Whoever,
knowing or having reason to believe that any   persons  are  about  to
commit or have recently committed robbery or dacoity,
----------------------------------------------------------------------
1.   Subs. by Act 8 of 1882, s. 6, for the original Exception.
2.   Illustration rep. by Act 10 of 1882, s. 2 and Sch. I.
3.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
4.   Ins. by Act 10 of 1886, s. 23.
5.   Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
6.   The words "or under the Fugitive  Offenders Act, 1881" omitted by
     s. 3 and Sch., ibid.
7.   Ins. by Act 3 of 1894, s. 8.
----------------------------------------------------------------------

150

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 1*[India].

     Exception.-This provision does   not  extend to the case in which
the harbour is by the husband or wife of the offender.]


216B.


[Repealed.]


     2*[216B. Definition of "harbour" in   sections   212,   216   and
216A.] Rep. by the Indian   Penal   Code  (Amendment) Act, 1942  (8 of
1942), s. 3.


217.


Public servant disobeying direction of law with intent to  save person
from punishment or property from forfeiture.


     217. Public servant disobeying   direction of law  with intent to
save person from punishment or   property  from  forfeiture.--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.


218.


Public servant framing incorrect record or writing with intent to save
person from punishment or property from forfeiture.


     218. Public servant framing   incorrect  record  or  writing with
intent to save person from punishment or property   from forfeiture.--
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.


219.


Public servant in judicial proceeding   corruptly making report, etc.,
contrary to law.


     219. Public servant   in   judicial   proceeding corruptly making
report, etc., contrary to law.--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.


220.


Commitment for trial or confinement   by   person having authority who
knows that he is acting contrary to law.


     220. Commitment for trial   or   confinement  by   person  having
authority who knows that he is acting contrary to law.--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.


221.


Intentional omission to apprehend on  the part of public servant bound
to apprehend.


     221. Intentional omission to   apprehend   on  the part of public
servant bound to apprehend.--Whoever, being  a pubic  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 as
follows, that is to say:-

     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
----------------------------------------------------------------------
1.   Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".

2.   Ins. by Act 3 of 1894, s. 8.
----------------------------------------------------------------------

151

     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
1*[imprisonment for life] or imprisonment for a  term which may extend
to ten years; or

     with imprisonment of either description   for  a   term which may
extend to two 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.


222.


Intentional omission to apprehend on  the part of public servant bound
to apprehend person under sentence or lawfully committed.


     222. Intentional omission to   apprehend   on  the part of public
servant bound to  apprehend   person   under   sentence   or  lawfully
committed.--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  of  Justice for  any  offence  2*[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 as follows, that is to say:-

     with 1*[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

     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 of Justice, or by virtue of a commutation of such
sentence,  to  1*[imprisonment  for  life]  3***  4***  5***  6***  or
imprisonment for a term of ten years or upwards;  or

     with imprisonment of  either  description  for  a  term which may
extend to 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 of  Justice, to  imprisonment  for   a  term  not
extending to  ten  years 2*[or if the person was lawfully committed to
custody].


223.


Escape from confinement or custody   negligently  suffered  by  public
servant.


     223. Escape from  confinement  or custody negligently suffered by
public servant.--Whoever, being a public servant legally bound as such
public servant to keep in confinement  any  person  charged   with  or
convicted of   any   offence  2*[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.


224.


Resistance or obstruction by a person to his lawful apprehension.


     224. Resistance or obstruction   by  a   person   to   his lawful
apprehension.--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.
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".

2.   Ins. by Act 27 of 1870, s. 8.
3.   The words "or penal servitude for life" omitted by Act 17 of
     1949, s. 2.
4.   The words "or to" omitted by Act 36 of 1957, s. 3 and Sch. II.
5.   The word "transportation" omitted by Act  26  of 1955, s. 117 and
     Sch.
6.   The words "or penal servitude" omitted by Act 17 of 1949, s. 2.
----------------------------------------------------------------------

152


225.


Resistance or obstruction to lawful apprehension of another person.


     225. Resistance or obstruction to lawful apprehension of  another
person.--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,
shall be punished with imprisonment of either description  for  a term
which may extend to two years, or with fine, or with both;

     or, 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   1*[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, if the person to be apprehended or  rescued, or  attempted to
be rescued, is 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, if the person to be apprehended or rescued, or  attempted  to
be  rescued, is liable under the sentence of a Court of Justice, or by
virtue  of  a commutation of such a sentence, to  1*[imprisonment  for
life],  2***  3***  4*** 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, if the person to be apprehended or rescued, or  attempted  to
be rescued, is under sentence   of   death, shall   be  punished  with
1[imprisonment for life] or imprisonment of  either  description for a
term not exceeding ten years, and shall also be liable to fine.


225A.


Omission to apprehend, or   sufferance   of  escape, on part of public
servant, in cases not otherwise, provided for.


     5*[225A. Omission  to   apprehend,  or  sufferance of  escape, on
part of public servant, in   cases   not   otherwise, provided  for.--
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 221, section 222 or  section  223,  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.


225B.


Resistance or obstruction to lawful apprehension, or  escape or rescue
in cases not otherwise provided for.


     225B. Resistance or obstruction to lawful apprehension, or escape
or rescue in cases not otherwise provided for.--Whoever,  in  any case
not provided for in section 224 or section 225 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.]
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
2.   The words "or to" omitted by Act 36 of 1957, s. 3 and Sch. II.
3.   The word "transportation"  omitted  by Act 26 of 1955, s. 117 and
     Sch.
4.   The words "penal servitude" rep. by Act 17 of 1949, s. 2.
5.   Ss. 225A and 225B were subs. by Act  10 of 1886, s. 24(1), for s.
     225A, which had been ins. by Act 27 of 1870, s.9.
----------------------------------------------------------------------

153


226.


[Repealed.]


     226. [Unlawful return from transportation.]  Rep.  by the Code of
Criminal Procedure (Amendment) Act, 1955 (26 of 1955), s. 117 and Sch.


227.


Violation of condition of remission of punishment.


     227. Violation of condition of remission of punishment.--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.


228.


Intentional insult  or  interruption  to  public  servant  sitting  in
judicial proceeding.



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


228A.


Disclosure of identity of the victim of certain offences, etc.


     1*[228A. Disclosure of identity  of   the   victim   of   certain
offences, etc.--(1) Whoever prints or publishes the name or any matter
which may make known the identity of   any   person   against  whom an
offence under section 376, section 376A, section 376B, section 376C or
section 376D is alleged or found to have been committed (hereafter  in
this section referred to as the victim)   shall   be   punished   with
imprisonment of either description for a term which may extend to  two
years and shall also be liable to fine.

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

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

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

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

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

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

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

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


229.


Personation of a juror or assessor.


     229. Personation of a juror or assessor.--Whoever, by personation
or otherwise, shall intentionally cause, or knowingly   suffer himself
to be returned, empanelled or sworn as a juryman or   assessor in  any
case in which he knows that he is not   entitled  by  law  to   be  so
returned, empanelled or sworn, or  knowing   himself  to  have been so
returned, empanelled or sworn contrary to law, shall voluntarily serve
on such jury or as such assessor, shall be punished with  imprisonment
of either description for a term   which  may extend to two  years, or
with fine, or with both.
----------------------------------------------------------------------
1.   Ins. by Act 43 of 1983, s. 2 (w.e.f. 25-12-1983).
----------------------------------------------------------------------

154


CHAPTER XII


OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS


                             CHAPTER XII

          OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS


230.


"Coin" defined.


     230. "Coin" defined.--1*[Coin is metal  used  for  the time being
as money, and stamped and issued   by  the authority of some  State or
Sovereign Power in order to be so used.]


Indian coin


     Indian coin--2*[Indian coin is metal  stamped  and  issued by the
authority of the Government of India in order to be used as money; and
metal which has been so stamped and issued shall continue to be Indian
coin for the purposes of this  Chapter, notwithstanding  that  it  may
have ceased to be used as money.]

                            Illustrations

     (a)  Cowries are not coin.

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

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

     (d)  The coin denominated as  the  Company's  rupee  is  3[Indian
          coin].

     4*(e)The "Farukhabad  rupee",  which   was   formerly   used   as
          money under the authority of the  Government  of  India,  is
          3[Indian coin] although it is no longer so used.]


231.


Counterfeiting coin.


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

     Explanation.-A person commits this   offence   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.


232.


Counterfeiting Indian coin.


     232. Counterfeiting   Indian  coin.--Whoever   counterfeits,   or
knowingly  performs  any  part of   the   process  of   counterfeiting
3*[Indian coin], shall be  punished  with 5*[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.


233.


Making or selling instrument for counterfeiting coin.


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


234.


Making or selling instrument for counterfeiting Indian coin.


     234. Making or selling   instrument   for   counterfeiting Indian
coin.--Whoever makes or mends, or performs any  part of the process of
making or   mending  or   buys,  sells  or  disposes  of,  any  die or
instrument, for the purpose of being used, or knowing or having reason
to believe that  it  is   intended  to  be  used,  for  the purpose of
counterfeiting 3[Indian coin], shall be punished with  imprisonment of
either description for a term which may extend  to  seven   years, and
shall also be liable to fine.

----------------------------------------------------------------------
1.   Subs. by Act 19 of 1872, s. 1, for the original paragraph.
2.   Subs. by the A.O. 1950, for the former paragraph.
3.   Subs., ibid., for "the Queen's coin".
4.   Ins. by Act 6 of 1896, s. 1(2).
5.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
----------------------------------------------------------------------

155


235.


Possession of instrument or  material  for  the  purpose  of using the
same for counterfeiting coin.


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


if Indian coin.


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


236.


Abetting in India the counterfeiting out of India of coin.


     236. Abetting in India the counterfeiting out of India of coin.--
Whoever, being within 2*[India]  abets   the   counterfeiting  of coin
out of 2*[India] shall be punished in the same manner as if he abetted
the counterfeiting of such coin within 2*[India].


237.


Import or export of counterfeit coin.


     237. Import or export of counterfeit coin.--Whoever imports  into
2*[India], or exports therefrom, any counterfeit coin,  knowingly   or
having reason to believe that the   same   is   counterfeit, shall  be
punished with imprisonment of either description for a term which  may
extend to three years, and shall also be liable to fine.


238.


Import or export of counterfeits of the Indian coin.


     238. Import or export   of   counterfeits   of the Indian coin.--
Whoever   imports   into   2*[India],  or   exports   therefrom,   any
counterfeit coin, which he knows or has   reason  to  believe  to be a
counterfeit   of   1*[Indian   coin],   shall   be    punished    with
3*[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.


239.


Delivery of coin possessed with knowledge that it  is   counterfeit.


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


240.


Delivery of Indian coin,   possessed   with   knowledge   that   it is
counterfeit.


     240. Delivery of Indian coin, possessed with knowledge that it is
counterfeit.--Whoever having  any   counterfeit   coin,   which   is a
counterfeit  of 1*[Indian coin], and which, at the time when he became
possessed of it, he  knew  to  be  a  counterfeit  of 1*[Indian coin],
fraudulently  or with intent that fraud may be committed, delivers the
same to any person,  or  attempts  to induce any person to receive it,
shall be punished with imprisonment of either  description  for a term
which may extend to ten years, and shall also be liable to fine.


241.


Delivery   of   coin  as genuine,  which,  when  first  possessed, the
deliverer did not know to be counterfeit.


     241. Delivery of   coin  as genuine, which, when first possessed,
the deliverer did not know to be counterfeit.--Whoever delivers to any
other person as genuine, or   attempts   to induce any other person to
receive as genuine, any  counterfeit   coin   which  he  knows  to  be
counterfeit, but which he did  not  know to be counterfeit at the time
when he took  it   into   his   possession,  shall  be  punished  with
imprisonment of either description  for a term which may extend to two
years, or with fine to an amount  which  may  extend  to ten times the
value of the coin counterfeited, or with both.
----------------------------------------------------------------------
1.   Subs. by the A.O. 1950, for "the Queen's coin".

2.   Subs. by Act 3 of 1951 s. 3 and Sch., for "the States".

3.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
----------------------------------------------------------------------

156


                             Illustration

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


242.


Possession of counterfeit coin by person who knew it to be counterfeit
when he became possessed thereof.


     242. Possession of counterfeit coin by person who   knew it to be
counterfeit when he became possessed thereof.--Whoever,   fraudulently
or with intent that fraud   may   be   committed,  is in possession of
counterfeit coin, having known at  the  time  when he became possessed
thereof that  such  coin   was  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.


243.


Possession of Indian coin by person who knew it to be counterfeit when
he became possessed thereof.


     243. Possession of Indian  coin  by  person  who  knew  it  to be
counterfeit when he  became  possessed thereof.--Whoever, fraudulently
or with intent that fraud  may be  committed,  is  in  possession   of
counterfeit coin, which is  a  counterfeit  of 1*[Indian coin], having
known at the time when he became  possessed   of   it   that   it  was
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.


244.


Person employed in mint causing coin to be of   different   weight or
composition from that fixed by law.


     244. Person employed in mint causing   coin   to  be of different
weight or composition from that fixed by law.--Whoever, being employed
in  any mint lawfully established in 2*[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.


245.


Unlawfully taking coining instrument from mint.


     245. Unlawfully taking coining  instrument  from  mint.--Whoever,
without lawful authority, takes out of any mint, lawfully  established
in 2[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.


246.


Fraudulently or dishonestly diminishing weight or altering composition
of coin.


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

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


247.


Fraudulently or dishonestly diminishing weight or altering composition
of Indian coin.


     247. Fraudulently or dishonestly diminishing weight  or  altering
composition of  Indian  coin.--Whoever  fraudulently   or  dishonestly
performs on 3*[any Indian coin]  any  operation  which  diminishes the
weight or alters the composition  of that coin, shall be punished with
imprisonment of either description  for  a  term  which  may extend to
seven years, and shall also be liable to fine.
----------------------------------------------------------------------
1.   Subs. by the A. O. 1950, for "the Queen's coin".

2.   Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".

3.   Subs. by the A. O. 1950, for "any of the Queen's coin".
----------------------------------------------------------------------

157


248.


Altering appearance of coin with intent that it shall pass  as coin of
different description.


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


249.


Altering appearance of Indian coin with intent that it shall  pass  as
coin of different description.


     249. Altering appearance of Indian coin with intent that it shall
pass as coin of different  description.--Whoever  performs  on  1*[any
Indian coin] any operation  which  alters the appearance of that coin,
with the intention that  the  said  coin  shall  pass as a coin  of  a
different description, shall  be  punished with imprisonment of either
description for a term which may extend to seven years, and shall also
be liable to fine.


250.


Delivery of coin possessed with knowledge that it is altered.


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


251.


Delivery of Indian coin, possessed with knowledge that it is altered.


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


252.


Possession of coin by person who knew it to be altered  when he became
possessed thereof.


     252. Possession of coin by person who knew it to be  altered when
he became possessed thereof.--Whoever fraudulently or with intent that
fraud may be committed, is in possession of coin with respect to which
the offence defined in either of  the  sections 246  or  248  has been
committed having known at the time of  becoming possessed thereof that
such offence had been committed with  respect  to  such coin, shall be
punished with imprisonment of either description for a  term which may
extend to three years, and shall also be liable to fine.


253.


Possession of Indian coin by person who knew it to be  altered when he
became possessed thereof.


     253. Possession of  Indian  coin  by  person  who  knew  it to be
altered when he became  possessed thereof.--Whoever  fraudulently   or
with intent that fraud may be committed, is in possession of coin with
respect to which the offence defined in either of  the sections 247 or
249 has been committed having known at the time of becoming  possessed
thereof, that such offence had been  committed  with  respect  to such
coin, shall be punished with imprisonment  of either description for a
term which may extend to five years, and shall also be liable to fine.


254.


Delivery of coin as genuine which, when first possessed, the deliverer
did not know to be altered.


     254. Delivery of coin as genuine which, when first possessed, the
deliverer did not know to be altered.--Whoever  delivers  to any other
person as genuine or as a coin of a different description from what it
is, or attempts to induce any person to receive  as  genuine,  or as a
different coin from what it is, any coin in  respect of which he knows
that any such operation as that mentioned in sections 246, 247, 248 or
249 has been performed, but in respect of  which  he  did  not, at the
time when he took it into his possession, know that such operation had
been performed, shall  be   punished   with   imprisonment  of  either
description for a term which may extend to two
----------------------------------------------------------------------
1.   Subs. by the A. O. 1950, for "any of the Queen's coin".
----------------------------------------------------------------------

158

years or with fine to an amount which  may  extend  to  ten  times the
value of the coin for which the altered coin is passed,  or  attempted
to be passed.


255.


Counterfeiting Government stamp.


     255. Counterfeiting  Government  stamp.--Whoever counterfeits, or
knowingly performs any  part  of  the  process  of counterfeiting, any
stamp issued by  Government  for  the  purpose  of  revenue  shall  be
punished with 1*[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 person commits  this  offence  who counterfeits by
causing a genuine stamps of one denomination to appear  like a genuine
stamp of a different denomination.


256.


Having possession  of  instrument   or   material   for counterfeiting
Government stamp.


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


257.


Making or selling instrument for counterfeiting Government stamp.


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


258.


Sale of counterfeit Government stamp.


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


259.


Having possession of counterfeit Government stamp.


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


260.


Using as genuine a Government stamp known to be counterfeit.


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


261.


Effacing writing from substance bearing  Government stamp, or removing
from document a stamp used for it,  with  intent  to  cause   loss  to
Government.


     261. Effacing writing from substance bearing Government stamp, or
removing from document a stamp used for it, with intent to  cause loss
to Government.--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.
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
----------------------------------------------------------------------

159


262.


Using Government stamp known to have been before used.


     262. Using Government stamp known  to  have  been  before used.--
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.


263.


Erasure of mark denoting that stamp has been used.


     263. Erasure of mark denoting that stamp has been used.--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.


263A.


Prohibition of fictitious stamps.


     1*[263A. Prohibition of fictitious stamps.--(1) Whoever-

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

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

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

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

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

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

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


CHAPTER XIII


OF OFFENCES RELATING TO WEIGHTS AND MEASURES


                                  CHAPTER XIII

                  OF OFFENCES RELATING TO WEIGHTS AND MEASURES


264.


Fraudulent use of false instrument for weighing.


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


265.


Fraudulent use of false weight or measure.


     265. Fraudulent  use   of  false  weight   or  measure.--Whoever,
fraudulently uses any false  weight  or  false  measure  of  length or
capacity, or fraudulently uses any weight or any measure of length  or
capacity as a different weight or measure from what  it is,  shall  be
punished with imprisonment of either description for  a term which may
extend to one year, or with fine, or with both.
----------------------------------------------------------------------
1.   S. 263A ins. by Act 3 of 1895, s. 2.

2.   Subs. by Act 42 of 1953, s. 4 and the Third  Sch.,  for  "may  be
     seized and".
----------------------------------------------------------------------

160


266.


Being in possession of false weight or measure.


     266. Being in possession of false weight or measure.--Whoever  is
in possession of any instrument for weighing, or of any weight, or  of
any measure of length or capacity, which he  knows to  be false, 1****
intending that the same may be fraudulently used,  shall  be  punished
with imprisonment of either description for a term which may extend to
one year, or with fine, or with both.


267.


Making or selling false weight or measure.


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


CHAPTER XIV


OF OFFENCES AFFECTING THE PUBLIC HEALTH,  SAFETY, CONVENIENCE, DECENCY
AND MORALS


                                  CHAPTER XIV

OF OFFENCES AFFECTING THE PUBLIC HEALTH,  SAFETY, CONVENIENCE, DECENCY
AND MORALS


268.


Public nuisance.


     268. Public nuisance.--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.

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


269.


Negligent act likely  to spread  infection  of  disease  dangerous  to
life.


     269. Negligent act  likely  to  spread   infection   of   disease
dangerous to life.--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.


270.


Malignant act likely   to   spread   infection of disease dangerous to
life.


     270. Malignant   act   likely  to   spread   infection of disease
dangerous to life.--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.


271.


Disobedience to quarantine rule.


     271. Disobedience to quarantine rule.--Whoever knowingly disobeys
any rul e made   and   promulgated 2*[by  the  3* Government 4*]   for
putting any vessel into a state of quarantine, or for  regulating  the
intercourse of vessels in a state of quarantine with the shore or with
other vessels, 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.


272.


Adulteration of food or drink intended for sale.


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


273.


Sale of noxious food or drink.


     273. Sale of noxious food or drink.--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
----------------------------------------------------------------------
1.   The word "and" omitted by Act 42 of 1953, s. 4 and the third Sch.

2.   Subs. by the A. O. 1937, for "by the G. of I., or by any Govt.".

3.   The words "Central or any Provincial" rep. by the A. O. 1950.

4.   The words "or the Crown Representative"  were  rep. by  the A. O.
     1948.
----------------------------------------------------------------------

161

or drink, knowing or having reason to believe that the same is noxious
as food or drink, shall be   punished   with   imprisonment  of either
description for a term which may extend to six months, or   with  fine
which may extend to one thousand rupees, or with both.


274.


Adulteration of drugs.


     274. Adulteration of drugs.--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 it had not undergone such adulteration, shall   be   punished  with
imprisonment of either description for a term which may extend to  six
months, or with fine which may extend to one thousand rupees, or  with
both.


275.


Sale of adulterated drugs.


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


276.


Sale of drug as a different drug or preparation.


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


277.


Fouling water of public spring or reservoir.


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


278.


Making atmosphere noxious to health.


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


279.


Rash driving or riding on a public way.


     279. Rash driving or riding on a public way.--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.


280.


Rash navigation of vessel.


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


281.


Exhibition of false light, mark or buoy.


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

162


282.


Conveying person by water for hire in unsafe or overloaded vessel.


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


283.


Danger or obstruction in public way or line of navigation.


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


284.


Negligent conduct with respect to poisonous substance.


     284. Negligent  conduct  with  respect  to poisonous substance.--
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 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
one thousand rupees, or with both.


285.


Negligent conduct with respect to fire or combustible matter.


     285. Negligent  conduct  with  respect  to  fire  or  combustible
matter.--Whoever does, with fire or any combustible matter, any act so
rashly or negligently as to  endanger  human  life, or to be likely to
cause hurt or injury to any other person,

     or knowingly or negligently  omits  to  take  such order with any
fire or any combustible matter in his possession as  is  sufficient to
guard against any probable danger  to human life  from  such  fire  or
combustible matter,

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


286.


Negligent conduct with respect to explosive substance.


     286. Negligent conduct with  respect  to  explosive  substance.--
Whoever does, with any explosive  substance,  any  act  so  rashly  or
negligently as to endanger human life, or to be likely  to  cause hurt
or injury to any other person,

     or knowingly or negligently  omits  to  take  such order with any
explosive substance in his   possession  as  is  sufficient  to  guard
against any probable danger to human life from that substance,

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


287.


Negligent conduct with respect to machinery.--


     287. Negligent conduct with respect to  machinery.--Whoever does,
with any machinery, any act so rashly or  negligently  as  to endanger
human life or to be  likely  to  cause   hurt   or injury to any other
person,

     or knowingly or negligently  omits  to  take  such order with any
machinery in his possession  or  under  his  care as is  sufficient to
guard against any probable danger to human life from such machinery,

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

163


288.


Negligent conduct with respect to pulling down or repairing
buildings.


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


289.


Negligent conduct with respect to animal.


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


290.


Punishment for public nuisance in cases not  otherwise  provided for.


     290. Punishment for public  nuisance   in   cases   not otherwise
provided for.-Whoever commits  a  public  nuisance   in  any  case not
otherwise punishable by this Code, shall be  punished  with fine which
may extend to two hundred rupees.


291.


Continuance of nuisance after injunction to discontinue.


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


292.


Sale, etc., of obscene books, etc.


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

     3*[(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,
     reduces or has  in  his  possession  any  obscene book, pamphlet,
     paper, drawing,  painting,  representation or figure or any other
     obscene object whatsoever, or

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

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

          (d) advertises or makes known by  any  means whatsoever that
     any person is engaged or is ready to engage  in  any act which is
     an offence under this section, or that any such  obscene   object
     can be procured from or through any person, or
----------------------------------------------------------------------
1.   Subs. by Act 8 of 1925, s. 2, for the original s. 292.

2.   Ins. by Act 36 of 1969, s. 2

3.   S. 292 renumbered as sub-section (2) thereof by s. 2, ibid.
----------------------------------------------------------------------

164


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

shall be  punished 1  [on first conviction with imprisonment of either
description for  a term  which may  extend to two years, and with fine
which may extend to two thousand rupees, and, in the event of a second
or subsequent  conviction, with imprisonment of either description for
a term  which may  extend to  five years, and also with fine which may
extend to five thousand rupees].

     2*[Exception-This section does not extend to-

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

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

               (ii) which  is kept  or used  bona fide  for  religious
          purposes;

          (b) any  representation  sculptured,  engraved,  painted  or
     otherwise represented on or in-

               (i) any  ancient monument  within the  meaning  of  the
          Ancient Monuments  and Archaeological Sites and Remains Act,
          1958 (24 of 1958), or

               (ii) any  temple, or on any car used for the conveyance
          of idols, or kept or used for any religious purpose.]]


293.


Sale, etc., of obscene objects to young person.


     3*[293. Sale,  etc., of  obscene objects  to   young    person.--
Whoever sells,  lets to  hire, distributes,  exhibits or circulates to
any person under the age of twenty years any such obscene object as is
referred to in the last preceding section, or offers or attempts so to
do, shall  be  punished  1[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].]


294.


Obscene acts and songs.


     4*[294. Obscene acts  and  songs.--Whoever, to  the  annoyance of
others,

          (a) does any obscene act in any public place, or

          (b) sings,  recites or  utters any  obscene song,  ballad or
     words, in or near any public place,

shall be  punished with  imprisonment of either description for a term
which may extend to three months, or with fine, or with both.]
----------------------------------------------------------------------
1.   Subs. by Act 36 of 1969, s. 2, for certain words.

2.   Subs. by s. 2, ibid., for Exception.

3.   Subs. by Act 8 of 1925, s. 2, for the original s. 293.

4.   Subs. by Act 3 of 1895, s. 3, for the original s. 294.
----------------------------------------------------------------------

165


294A.


Keeping lottery office.


     1*[294A. Keeping lottery office.--Whoever  keeps  any   office or
place for  the purpose  of  drawing  any  lottery  2*[not  being  3*[a
State  lottery]   or  a   lottery    authorised   by   the   4*[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.

     And whoever  publishes any proposal to pay any sum, or to deliver
any goods,  or to  do or forbear doing anything for the benefit of any
person, on  any event  or contingency  relative or  applicable to  the
drawing of  any ticket,  lot, number  or figure  in any  such  lottery
shall be punished with fine which may extend to one thousand rupees.]


CHAPTER XV


OF OFFENCES RELATING TO RELIGION


                                  CHAPTER XV

                      OF OFFENCES RELATING TO RELIGION


295.


Injuring  or  defiling   place of  worship, with  intent to insult the
religion of any class.


     295. Injuring  or  defiling   place  of worship,  with intent  to
insult the  religion  of  any  class.--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.


295A.


Deliberate and  malicious acts  intended to outrage religious feelings
of any class by insulting its religion or religious beliefs.


     5*[295A. Deliberate  and  malicious  acts   intended   to outrage
religious feelings of any class by insulting its religion or religious
beliefs.--Whoever,  with   deliberate  and   malicious  intention   of
outraging the  religious feelings   of any  class of  6*[citizens   of
India], 7*[by  words, either  spoken  or  written,  or  by signs or by
visible representations  or otherwise]  insults or  attempts to insult
the religion or the religious beliefs of that class, shall be punished
with imprisonment of either description for a term which may extend to
8*[three years], or with fine, or with both.]


296.


Disturbing religious assembly.


     296. Disturbing  religious assembly.--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.


297.


Trespassing on burial places, etc.


     297.  Trespassing  on  burial  places,  etc.--Whoever,  with  the
intention of  wounding the feelings of any person, or of insulting the
religion of any person, or with the knowledge that the feelings of any
person are likely to be wounded, or that the religion of any person is
likely to be insulted thereby,

     commits any  trespass in  any place of worship or on any place of
sepulture, or any place set apart for the performance of funeral rites
or as  a depository  for the  remains  of  the  dead,  or  offers  any
indignity to  any human  corpse, or  causes disturbance to any persons
assembled for the performance of funeral ceremonies,
----------------------------------------------------------------------
1.   S. 294A ins. by Act 27 of 1870, s. 10.

2.   Subs. by the A. O. 1937, for "not authorised by Government".

3.   Subs. by  Act 3  of 1951, s. 3 and Sch., for "a lottery organised
     by the  Central Government or the Government of a Part A State or
     a Part  B State"  which had  been subs.  by the A.O. 1950, for "a
     State lottery".

4.   Subs. by the A.O. 1950, for "Provincial".

5.   Ins. by Act 25 of 1927, s. 2.

6.   Subs. by the A.O. 1950, for "His Majesty's subjects".

7.   Subs. by Act 41 of 1961, s.3, for certain words.

8.   Subs. by s.3, ibid., for "two years".
----------------------------------------------------------------------

166

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


298.


Uttering words,  etc.,  with  deliberate  intent  to  wound  religious
feelings.


     298. Uttering  words,  etc.,  with  deliberate  intent  to  wound
religious  feelings.--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 XVI


OF OFFENCES AFFECTING THE HUMAN BODY


                                  CHAPTER XVI

                    OF OFFENCES AFFECTING THE HUMAN BODY

                         Of offences affecting life


299.


Culpable homicide.


     299. Culpable  homicide.--Whoever causes  death by  doing an  act
with the  intention of causing death, or with the intention of causing
such bodily  injury as is likely to cause death, or with the knowledge
that he  is likely  by such act to cause death, commits the offence of
culpable homicide.

                            Illustrations

     (a) A  lays sticks  and turf  over a  pit, with  the intention of
thereby causing  death, or  with the knowledge that death is likely to
be thereby  caused. Z,  believing the ground to be firm, treads on it,
falls in  and is  killed. A  has  committed  the offence  of  culpable
homicide.

     (b) A  knows Z  to be  behind a  bush. B  does not  know  it.  A,
intending to  cause, or  knowing it  to be  likely to cause Z's death,
induces B  to fire  at the  bush.  B fires and kills Z.  Here B may be
guilty of  no offence;  but A  has committed  the offence  of culpable
homicide.

     (c) A,  by shooting  at a  fowl with intent to kill and steal it,
kills B,  who is behind a bush; A not knowing that he was there. Here,
although A  was doing  an unlawful  act, he was not guilty of culpable
homicide, as  he did  not intend to kill B  or to cause death by doing
an act that he knew was likely to cause death.

     Explanation 1.-A  person who  causes bodily injury to another who
is labouring  under a  disorder,  disease  or  bodily  infirmity,  and
thereby accelerates  the death  of that other, shall be deemed to have
caused his death.

     Explanation 2.-Where death is caused by bodily injury, the person
who causes  such bodily  injury shall  be deemed  to have  caused  the
death, although  by resorting to proper remedies and skilful treatment
the death might have been prevented.

     Explanation 3.-The  causing of  the  death  of  a  child  in  the
mother's womb  is not homicide. But it may amount to culpable homicide
to cause  the death  of a  living child, if any part of that child has
been brought  forth, though  the child  may not  have breathed or been
completely born.


300.


Murder.


     300. Murder.--Except  in the cases hereinafter excepted, culpable
homicide is  murder, if  the act  by which the death is caused is done
with the intention of causing death, or-

167

     2ndly.-If it  is done  with the  intention of causing such bodily
injury as  the offender  knows to  be likely to cause the death of the
person to whom the harm is caused. or-

     3rdly.-If it  is done with the intention of causing bodily injury
to any  person and  the bodily  injury intended  to  be  inflicted  is
sufficient in the ordinary course of nature to cause death, or-

     4thly.-If the  person committing  the act  knows that  it  is  so
imminently dangerous that it must, in all probability, cause death, or
such bodily  injury as  is likely to cause death, and commits such act
without any  excuse for  incurring the  risk of  causing death or such
injury as aforesaid.

                            Illustrations

     (a) A  shoots Z  with the  intention of  killing him.  Z dies  in
consequence. A commits murder.

     (b) A,  knowing that  Z is  labouring under such a disease that a
blow is  likely to  cause his death, strikes him with the intention of
causing bodily  injury. Z dies in consequence of the blow. A is guilty
of murder,  although the  blow might  not have  been sufficient in the
ordinary course  of nature  to cause  the death of a person in a sound
state of  health. 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.

     (c) A  intentionally gives Z a sword-cut or club-wound sufficient
to cause  the death  of a man in the ordinary course of nature. Z dies
in consequence.  Here A  is guilty of murder, although he may not have
intended to cause Z's death.

     (d) A  without any  excuse fires  a loaded cannon into a crowd of
persons and  kills one of them. A is guilty of murder, although he may
not have had a premeditated design to kill any particular individual.

     Exception  1.-When  culpable  homicide  is  not  murder.-Culpable
homicide is  not murder  if the offender, whilst deprived of the power
of self-control  by  grave and sudden provocation, causes the death of
the person  who gave  the provocation or causes the death of any other
person by mistake or accident.

     The above exception is subject to the following provisos:-

     First.-That the provocation is not sought or voluntarily provoked
by the offender as an excuse for killing or doing harm to any person.

     Secondly.-That the  provocation is  not given by anything done in
obedience to the law, or by a public servant in the lawful exercise of
the powers of such public servant.

     Thirdly.-That the  provocation is  not given  by anything done in
the lawful exercise of the right of private defence.

     Explanation.-Whether the  provocation was grave and sudden enough
to prevent the offence from amounting to murder is a question of fact.

168

                            Illustrations

     (a) A,  under the  influence of  passion excited by a provocation
given by Z, intentionally kills Y, Z's child. This is murder, inasmuch
as the  provocation was  not given  by the child, and the death of the
child was  not caused by accident or misfortune in doing an act caused
by the provocation.

     (b) Y  gives grave  and sudden  provocation  to  A.  A,  on  this
provocation, fires  a pistol  at  Y,  neither  intending  nor  knowing
himself to  be likely  to kill Z, who is near him, but out of sight. A
kills Z.  Here  A  has  not  committed  murder,  but  merely  culpable
homicide.

     (c) A  is lawfully  arrested by  Z, a  bailiff. A  is excited  to
sudden and violent passion by the arrest, and kills Z. This is murder,
inasmuch as  the provocation  was given  by a  thing done  by a public
servant in the exercise of his powers.

     (d) A appears as a witness 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,  inasmuch 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 or 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.

169

                             Illustration

     A, by  instigation, voluntarily causes Z, a person under eighteen
years of age, to commit suicide. Here, on account of Z's youth, he was
incapable of  giving consent to his own death; A has therefore abetted
murder.


301.


Culpable homicide  by causing  death of person other than person whose
death was intended.


     301. Culpable  homicide by  causing death  of person  other  than
person whose death was intended.--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 he likely to cause.


302.


Punishment for murder.


     302. Punishment  for murder.--Whoever  commits  murder  shall  be
punished with  death, or  1*[imprisonment for life], and   shall  also
be liable to fine.


303.


Punishment for murder by life-convict.


     303. Punishment for murder by life-convict.--Whoever, being under
sentence of  1*[imprisonment for  life],   commits    murder, shall be
punished with death.


304.


Punishment for culpable homicide not amounting to murder.


     304. Punishment  for culpable homicide not amounting to murder.--
Whoever commits  culpable homicide  not amounting  to murder  shall be
punished with  1*[imprisonment for life], or imprisonment   of  either
description for  a term  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,  or with  fine, or with both, if the act is done
with the  knowledge that  it is likely to cause death, but without any
intention to  cause death, or to cause such bodily injury as is likely
to cause death.


304A.


Causing death by negligence.


     2*[304A. Causing  death   by    negligence.--Whoever  causes  the
death of  any person  by doing any rash or negligent act not amounting
to culpable  homicide  shall  be punished  with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both.]


304B.


Dowry death.


     3*[304B. Dowry  death.--(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 (28 of 1961).

     (2)  Whoever   commits  dowry   death  shall   be  punished  with
imprisonment for  a term  which shall not be less than seven years but
which may extend to imprisonment for life.]
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".

2.   S. 304A was ins. by Act 27 of 1870, s. 12.

3.   Ins. by Act 43 of 1986, s. 10 (w.e.f. 19-11-1986).

170


305.


Abetment of suicide of child or insane person.


     305. Abetment  of suicide  of child  or  insane  person.--If  any
person under  eighteen years  of age, any insane person, any delirious
person, any  idiot, or  any person  in a state of intoxication commits
suicide, whoever  abets the  commission  of  such  suicide,  shall  be
punished with  death or  1*[imprisonment for life],  or   imprisonment
for a term not exceeding ten years, and shall also be liable to fine.


306.


Abetment of suicide.


     306. Abetment of suicide.--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.


307.


Attempt to murder.


     307. Attempt to murder.--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
1*[imprisonment for life], or  to such  punishment as is hereinbefore
mentioned.


Attempts by life-convicts.


     Attempts by  life-convicts.-2*[When any person  offending   under
this   section  is under  sentence   of  1*[imprisonment for life], he
may, if hurt is caused, be punished with death.]

                            Illustrations

     (a) A  shoots at  Z  with  intention  to  kill  him,  under  such
circumstances that,  if death ensued A would be guilty of murder. A is
liable to punishment under this section

     (b) A,  with the  intention of  causing the  death of  a child of
tender years, exposes it in a desert place A has committed the offence
defined by this section, though the death of the child does not ensue.

     (c) A,  intending to murder Z, buys a gun and loads it. A has not
yet committed  the offence. A fires the gun at Z. He has committed the
offence defined  in this  section, and, if by such firing he wounds Z,
he  is  liable  to  the  punishment  provided by  the latter  part  of
3*[the first paragraph of] this section.

     (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 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.


308.


Attempt to commit culpable homicide.


     308. Attempt  to commit  culpable homicide.--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.
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".

2.   Ins. by Act 27 of 1870, s.11.

3.   Ins. by Act 12 of 1891, s.2 and Sch. II.
----------------------------------------------------------------------

171

                             Illustration

     A, on  grave and  sudden provocation,  fires a pistol at Z, under
such circumstances that if he there by caused death he would be guilty
of culpable  homicide not  amounting to  murder. A  has committed  the
offence defined in this section.


309.


Attempt to commit suicide.


     309. Attempt  to  commit  suicide.--Whoever  attempts  to  commit
suicide and does any act towards the commission of such offence, shall
be punished  with simple  imprisonment for  a term which may extend to
one year 1*[or with fine, or with both.]


310.


Thug.


     310. Thug.--Whoever,  at any  time after the passing of this Act,
shall have been habitually associated with any other or others for the
purpose of  committing  robbery  or  child-stealing  by  means  of  or
accompanied with murder, is a thug.


311.


Punishment.


     311. Punishment.--Whoever  is a  thug,  shall  be  punished  with
2[imprisonment for life], and shall also be liable to fine.

Of the causing of miscarriage, of injuries to unborn children, of the
        exposure of infants, and of the concealment of births.


312.


Causing miscarriage.


     312. Causing  miscarraige.--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.


313.


Causing miscarriage without woman's consent.


     313.  Causing   miscarriage  without   woman's  consent.--Whoever
commits the  offence defined in the last preceding section without the
consent of  the woman,  whether the  woman is quick with child or not,
shall  be  punished    with   2*[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.


314.


Death caused by act done with intent to cause miscarriage.


     314. Death caused by act done with intent to cause miscarriage.--
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;


if act done without woman's consent.


     if act  done without  woman's consent.--and  if the  act is  done
without  the  consent of  the woman,  shall be  punished  either  with
2*[imprisonment for life], or with the punishment above mentioned.

     Explanation.-It  is  not  essential  to  this  offence  that  the
offender should know that the act is likely to cause death.


315.


Act done  with intent to prevent child being born alive or to cause it
to die after birth.


     315. Act done with intent to prevent child being born alive or to
cause it  to die  after birth.--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
----------------------------------------------------------------------
1.   Subs. by  Act 8  of 1882,  s. 7, for "and shall also be liable to
     fine".

2.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
----------------------------------------------------------------------

172

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.


316.


Causing death  of quick  unborn child  by act  amounting  to  culpable
homicide.


     316. Causing  death of  quick unborn  child by  act amounting  to
culpable homicide.--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.


317.


Exposure and  abandonment of  child under  twelve years,  by parent or
person having care of it.


     317. Exposure  and abandonment  of child  under twelve  years, by
parent or  person having  care of  it.--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.


318.


Concealment of birth by secret disposal of dead body.


     318. Concealment  of birth  by secret  disposal of  dead  body.--
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 endeavors  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.

                               Of hurt


319.


Hurt.


     319. Hurt.--Whoever  causes bodily  pain, disease or infirmity to
any person is said to cause hurt.


320.


Grievous hurt.


     320.  Grievous  hurt.--The  following  kinds  of  hurt  only  are
designated as "grievous":-

          First.-Emasculation.

          Secondly.-Permanent privation of the sight of either eye.

          Thirdly.-Permanent privation of the hearing of either ear.

          Fourthly.-Privation of any member or joint.

          Fifthly.-Destruction or permanent impairing of the powers of
     any member or joint.

          Sixthly.-Permanent disfiguration of the head or face.

          Seventhly.-Fracture or dislocation of a bone or tooth.

          Eighthly.-Any hurt  which endangers life or which causes the
     sufferer to  be during  the space of twenty days in severe bodily
     pain, or unable to follow his ordinary pursuits.

173


321.


Voluntarily causing hurt.


     321. Voluntarily  causing hurt.--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".


322.


Voluntarily causing grievous hurt.


     322.  Voluntarily  causing  grievous  hurt.--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 twenty days.  A has voluntarily caused grievous hurt.


323.


Punishment for voluntarily causing hurt.


     323. Punishment for voluntarily causing hurt.--Whoever, except in
the case  provided for  by section 334, voluntarily causes hurt, shall
be punished  with imprisonment  of either description for a term which
may extend  to one year, or with fine which may extend to one thousand
rupees, or with both.


324.


Voluntarily causing hurt by dangerous weapons or means.


     324. Voluntarily  causing hurt  by dangerous  weapons or means.--
Whoever, except  in the  case provided for by section 334, voluntarily
causes hurt  by means  of any  instrument for  shooting,  stabbing  or
cutting, or  any instrument  which, used  as a  weapon of  offence, is
likely to cause death, or by means of fire or any heated substance, or
by means  of any poison or any corrosive substance, or by means of any
explosive  substance  or  by  means  of  any  substance  which  it  is
deleterious to  the human  body to  inhale, to  swallow, or to receive
into the  blood, or  by means  of any  animal, shall  be punished with
imprisonment of  either description  for a  term which  may extend  to
three years, or with fine, or with both.


325.


Punishment for voluntarily causing grievous hurt


     325. Punishment  for voluntarily  causing grievous hurt.-Whoever,
except in  the case  provided for  by section  335, voluntarily causes
grievous  hurt,   shall  be   punished  with  imprisonment  of  either
description for a term which may extend to seven years, and shall also
be liable to fine.


326.


Voluntarily causing grievous hurt by dangerous weapons or means.


     326. Voluntarily  causing grievous  hurt by  dangerous weapons or
means.--Whoever, except  in the  case provided  for  by  section  335,
voluntarily causes  grievous hurt  by  means  of  any  instrument  for
shooting, stabbing  or cutting,  or any  instrument which,  used as  a
weapon of  offence, is  likely to  cause death, or by means of fire or
any heated  substance, or  by means  of any  poison or  any  corrosive
substance, or  by means of any explosive substance, or by means of any
substance which  it is  deleterious to  the human  body to  inhale, to
swallow, or  to receive  into the  blood, or  by means  of any animal,
shall  be  punished  with  1*[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.
----------------------------------------------------------------------
1.   Subs, by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
----------------------------------------------------------------------

174


327.


Voluntarily causing  hurt to  extort property,  or to  constrain to an
illegal to an act.


     327. Voluntarily causing hurt to extort property, or to constrain
to an  illegal to  an act.--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.


328.


Causing hurt  by means  of poison,  etc., with  intent to  commit  and
offence.


     328. Causing hurt by means of poison, etc., with intent to commit
and offence.--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.


329.


Voluntarily causing  grievous hurt to extort property, or to constrain
to an illegal act.


     329. Voluntarily  causing grievous hurt to extort property, or to
constrain to an illegal act.--Whoever voluntarily causes grievous hurt
for the  purpose of  extorting from  the sufferer  or from  any person
interested in  the sufferer  any property  or valuable security, or of
constraining the sufferer or any person interested in such sufferer to
do anything  that is illegal or which may facilitate the commission of
an offence,  shall be  punished with  1*[imprisonment for life], or
imprisonment of  either description for a term which may extend to ten
years, and shall also be liable to fine.


330.


Voluntarily   causing   hurt  to   extort  confession   or  to  compel
restoration of property.


     320. Voluntarily  causing hurt to extort confession  or to compel
restoration of  property.--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.

                            Illustriations

     (a) A,  a police-officer,  tortures Z  in order  to induce  Z  to
confess that he committed a crime. A is guily of an offence under this
section.

     (b) A,  a police-officer,  tortures B  to induce him to point out
where certain  stolen property is deposited. A is guilty of an offence
under this section.

     (c) A,  a revenue  officer, tortures  z in order to compel him to
pay certain  arrears of  revenue due from Z. A is guilty of an offence
under this section.

     (d) A,  a zamindar,  tortures a  raiyat in order to compel him to
pay his rent. A is guilty of an offence under this section.


331.


Voluntarily causing  grievous hurt  to extort confession, or to compel
restoration of property.


     331. Voluntarily  causing grievous  hurt to extort confession, or
to  compel   restoration  of   property.--Whoever  voluntarily  causes
grievous 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
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
----------------------------------------------------------------------

175

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 ten years, and shall
also be liable to fine.


332.


Voluntarily causing hurt to deter public servant from his duty.


     332. Voluntarily  causing hurt  to deter  public servant from his
duty.--Whoever voluntarily  causes hurt  to any  person being a public
servant in  the discharge  of his duty as such public servant, or with
intent to  prevent or  deter that  person or  any other public servant
from discharging his duty as such public servant, or in consequence of
anything done  or attempted  to be  done by  that person in the lawful
discharge of  his duty  as such public servant, shall be punished with
imprisonment of  either description  for a  term which  may extend  to
three years, or with fine, or with both.


333.


Voluntarily causing  grievous hurt  to deter  public servant  from his
duty.


     333. Voluntarily  causing grievous  hurt to  deter public servant
from his duty.--Whoever voluntarily causes grievous hurt to any person
being a  public servant  in the  discharge of  his duty as such public
servant, or  with intent  to prevent or deter that person or any other
public servant from discharging his duty as such public servant, or in
consequence of anything done or attempted to be done by that person in
the lawful  discharge of  his duty  as such  public servant,  shall be
punished with  imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.


334.


Voluntarily causing hurt on provocation.


     334.   Voluntarily    causing   hurt   on   provocation.--Whoever
voluntarily causes hurt on grave and sudden provocation, if he neither
intends nor  knows himself  to be  likely to  cause hurt to any person
other than the person who gave the provocation, shall be punished with
imprisonment of  either description for a term which may extend to one
month, or  with fine  which may extend to five hundred rupees, or with
both.


335.


Voluntarily causing grievous hurt on provocation.


     335. Voluntarily causing grievous hurt  on  provocation.--Whoever
1*[voluntarily] causes grievous hurt on grave and sudden  provocation,
if he neither intends nor knows himself to be likely to cause grievous
hurt to  any person  other than  the person  who gave the  provocation
shall be  punished with  imprisonment of either description for a term
which may  extend to  four years, or with fine which may extend to two
thousand rupees, or with both.

     Explanation.-The last  two  sections  are  subject  to  the  same
provisos as Exception 1, section 300.


336.


Act endangering life or personal safety of others.


     336. Act  endangering life or personal safety of others.--Whoever
does any act so rashly or negligently as to endanger human life or the
personal safety  others, shall be punished with imprisonment of either
description for  a term  which may extend to three months or with fine
which may extend to two hundred and fifty rupees, or with both.


337.


Causing hurt by act endangering life or personal safety of others.


     337. Causing  hurt by  act endangering life or personal safety of
others.--Whoever causes  hurt to any person by doing any act so rashly
or negligently  as to  endanger human  life, or the personal safety of
others, shall  be punished with imprisonment of either description for
a term  which may  extend to six months, or with fine which may extend
to five hundred rupees, or with both.
----------------------------------------------------------------------
1.   Ins. by Act 8 of 1882, s. 8,
----------------------------------------------------------------------

176


338.


Causing grievous  hurt by  act endangering  life or personal safety of
others.


     338. Causing  grievous hurt  by act  endangering life or personal
safety of others.--Whoever causes grievous hurt to any person by doing
any act  so rashly  or negligently  as to  endanger human life, or the
personal safety  of others,  shall be  punished with  imprisonment  of
either description  for a  term which may extend to two years, or with
fine which may extend to one thousand rupees, or with both.

            Of wrongful restraint and wrongful confinement


339.


Wrongful restraint.


     339.  Wrongful   restraint.--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.


340.


Wrongful confinement.


     340.  Wrongful  confinement.--Whoever  wrongfully  restrains  any
person in  such a  manner as  to prevent  that person  from proceeding
beyond certain  circumscribing limits, is said "wrongfully to confine"
that person.

                            Illustrations

     (a) A  causes Z to go within a walled space, and  locks Z.  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 leave the building. A
wrongfully confines Z.


341.


Punishment for wrongful restraint.


     341.  Punishment   for  wrongful  restraint.--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 hundred rupees, or with both.


342.


Punishment for wrongful confinement.


     342. Punishment  for  wrongful  confinement.--Whoever  wrongfully
confines any  person shall  be punished  with simple  imprisonment  of
either description  for a  term which  may extend to one year, or with
fine which may extend to one thousand rupees, or with both.


343.


Wrongful confinement for three or more days.


     343.  Wrongful  confinement  for  three  or  more  days.--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 two years, or with fine, or with both.


344.


Wrongful confinement for ten or more days.


     344.  Wrongful   confinement  for   ten  or  more  days.--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 three years, and shall also be liable to fine.

177


345.


Wrongful confinement  of person  for whose  liberation writ  has  been
issued.


     345. Wrongful confinement of person for whose liberation writ has
been  issued.--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.


346.


Wrongful confinement in secret.


     346. Wrongful confinement in secret.--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
two years  in addition  to any  other punishment  to which  he may  be
liable for such wrongful confinement.


347.


Wrongful confinement to extort property, or constrain to illegal act.


     347. Wrongful  confinement to  extort property,  or constrain  to
illegal act.--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.


348.


Wrongful confinement  to extort  confession, or  compel restoration of
property.


     348.  Wrongful   confinement  to  extort  confession,  or  compel
restoration of  property.--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


349.


Force.


     349. Force.--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 three ways hereinafter described:

     First.-By his own bodily power.

     Secondly.-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.

     Thirdly.-By inducing any animal to move, to change its motion, or
to cease to move.

178


350.


Criminal force.


     350. Criminal  force.--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.

     (c) Z is riding in a palanquin. A, intending to rob Z, seizes the
pole and stops the 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.

179

     (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.


351.


Assault.


     351. Assault.--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.

     (c) A takes up a stick, saying to Z, "I will give you a beating".
Here, though  the words  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.


352.


Punishment for  assault or  criminal force  otherwise  than  on  grave
provocation.


     352. Punishment  for assault  or criminal force otherwise than on
grave provocation.--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 five hundred rupees, or with both.

     Explanation.-Grave and  sudden provocation  will not mitigate the
punishment for  an offence  under this  section, if the provocation is
sought or  voluntarily provoked  by the  offender as an excuse for the
offence, or

     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

     if the  provocation is  given by  anything  done  in  the  lawful
exercise of the right of private defence.

     Whether the  provocation was  grave and sudden enough to mitigate
the offence, is a question of fact.


353.


Assault or  criminal force  to deter  public servant from discharge of
his duty.


     353. Assault  or criminal  force to  deter  public  servant  from
discharge of his duty.--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 to 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.

180


354.


Assault or  criminal  force  to  woman  with  intent  to  outrage  her
modesty.


     354. Assault  or criminal  force to  woman with intent to outrage
her modesty.--Whoever  assaults or  uses criminal  force to any woman,
intending to  outrage or knowing it to be likely that he will there by
outrage her  modesty, shall  be punished  with imprisonment  of either
description for a term which may extend to two years, or with fine, or
with both.


355.


Assault or  criminal force  with intent to dishonour person, otherwise
than on grave provocation.


     355. Assault  or criminal  force with intent to dishonour person,
otherwise  than   on  grave  provocation.--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.


356.


Assault or  criminal force  in attempt  to commit  theft  of  property
carried by a person.


     356. Assault  or criminal  force in  attempt to  commit theft  of
property carried by a person.--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.


357.


Assault or criminal force in attempt wrongfully to confine a person.


     357. Assault or criminal force in attempt wrongfully to confine a
person.--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 one thousand rupees, or with
both.


358.


Assault or criminal force on grave provocation.


     358. Assault  or criminal  force on  grave  provocation.--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 two hundred rupees, or with both.

     Explanation.-The last  section is subject to the same explanation
as section 352.

         Of kidnapping, abduction, slavery and forced labour


359.


Kidnapping.


     359. Kidnapping.--Kidnapping  is of two  kinds : kidnapping  from
1*[India], and kidnapping from lawful guardianship.


360.


Kidnapping from India.


     360. Kidnapping  from India.--Whoever  conveys any  person beyond
the limits  of 1*[India] without the consent of   that   person, or of
some person legally authorized to consent on behalf of that person, is
said to kidnap that person from 1*[India].


361.


Kidnapping from lawful guardianship.


     361.  Kidnapping  from  lawful  guardianship.--Whoever  takes  or
entices any  minor under   2*[sixteen]  years of age if   a   male, or
under 3*[eighteen]  years of  age if  a female,  or any    person   of
unsound mind,  out of the keeping of the lawful guardian of such minor
or person  of unsound  mind, without  the consent of such guardian, is
said to kidnap such minor or person from lawful guardianship.

     Explanation.-The words  "lawful guardian" in this section include
any person  lawfully entrusted  with the care or custody of such minor
or other person.
----------------------------------------------------------------------
1.   Subs. by Act 3 of 1951, s. 3 and Sch., for "the States."

2.   Subs. by Act 42 of 1949, s. 2, for "fourteen".

3.   Subs., by s. 2, ibid., for "sixteen".
----------------------------------------------------------------------

181

     Exception.-This section  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.


362.


Abduction.


     362. Abduction.--Whoever  by force  compels, or  by any deceitful
means induces any  person to go from any place, is said to abduct that
person.


363.


Punishment for kidnapping.


     363. Punishment  for kidnapping.--Whoever kidnaps any person from
1*[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.


363A.


Kidnapping or maiming a minor for purposes of begging.


     2*[363A. Kidnapping  or   maiming   a  minor   for   purposes  of
begging.--(1) Whoever  kidnaps any  minor or,  not  being  the  lawful
guardian of  a minor,  obtains the custody of the minor, in order that
such minor  may be  employed or used for the purposes of begging shall
be punishable with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.

     (2) Whoever  maims any  minor in  order that  such minor  may  be
employed or  used for the purposes of begging shall be punishable with
imprisonment for life, and shall also be liable to fine.

     (3) Where  any person,  not being the lawful guardian of a minor,
employs or  uses such  minor for  the purposes of begging, it shall be
presumed,  unless  the  contrary  is  proved,  that  he  kidnapped  or
otherwise obtained  the custody  of that minor in order that the minor
might be employed or used for the purposes of begging.

     (4) In this section,-

          (a) "begging" means-

               (i)   soliciting or  receiving alms  in a public place,
          whether   under    the   pretence    of   singing,  dancing,
          fortunetelling, 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  a minor  as an  exhibit for  the purpose of
          soliciting or receiving alms;

          (b) "minor" means-

               (i) in the case of a male, a person under sixteen years
          of age; and

               (ii) in  the case  of a female, a person under eighteen
          years of age.]
----------------------------------------------------------------------
1.   Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".

2.   Ins. by Act 52 of 1959, s. 2 (w.e.f. 15-1-1960).
----------------------------------------------------------------------

182


364.


Kidnapping or abducting in order to murder.


     364. Kidnapping or abducting in order to murder.--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 1*[imprisonment  for  life]  or  rigorous   imprisonment
for a term which may extend to ten years, and shall also  be liable to
fine.

                            IIIustrations

     (a) A kidnaps Z from 2*[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.


364A.


Kidnappin for ransom, etc.


     3*364A. Kidnapping  for  ransom,  etc.-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 appreension 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.


365.


Kidnapping or abducting with intent secretly and wrongfully to confine
person.


     365. Kidnapping or abducting with intent secretly and  wrongfully
to confine person.--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.


366.


Kidnapping, abducting or inducing woman to compel her marriage, etc.


     366. Kidnapping, abducting   or   inducing   woman  to compel her
marriage,  etc.--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;
3*[and  whoever, by means of criminal intimidation as defined in  this
Code  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].


4*[366A.


Procuration of minor girl.


     6*[366A. Procuration   of   minor   girl.--Whoever, by  any means
whatsoever, induces any minor girl under the age of eighteen  years to
go from any place or to do any act with intent that such girl  may be,
or knowing that it is likely that   she  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.


366B.


Importation of girl from foreign country.


     366B. Importation of girl from foreign country.--Whoever  imports
into 2*[India] from any country outside   India  7*[or  from the State
of Jammu and Kashmir] any girl under the age of twenty-one  years with
intent that she may be, or knowing it to be likely that  she  will be,
forced or seduced to illicit intercourse with another person,

     5*         *               *               *               *

     shall be punishable with imprisonment which may   extend   to ten
years, and shall also be liable to fine.]
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
2.   Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
3.   Ins. by Act 42 of 1997 s. 2.
4.   Subs. by Act 24 of 1995, s. 2.
5.   Ins. by Act 20 of 1923, s. 2.
6.   Ins. by s.3, ibid.
7.   Ins. by Act 3 of 1951, s.3 and Sch.,
8.   Certain words omitted by s.3 and Sch., ibid.
----------------------------------------------------------------------

183


367.


Kidnapping or abducting in order to subject person to  grievous  hurt,
slavery, etc.


     367. Kidnapping or abducting in   order   to   subject  person to
grievous hurt, slavery, etc.--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.


368.


Wrongfully concealing or keeping in confinement, kidnapped or abducted
person.


     368. Wrongfully concealing or keeping  in  confinement, kidnapped
or abducted person.--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.


369.


Kidnapping or abducting child under ten years   with   intent to steal
from its person.


     369. Kidnapping or abducting child under ten years with intent to
steal from its person.--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.


370.


Buying or disposing of any person as a slave.


     370. Buying or disposing   of   any   person as a slave.--Whoever
imports, exports, removes, buys, sells or disposes  of any person as a
slave, or accepts, receives or detains against his  will any person as
a slave, shall be punished with imprisonment of either description for
a term which may extend to   seven  years, and shall also be liable to
fine.


371.


Habitual dealing in slaves.


     371. Habitual dealing in slaves.--Whoever   habitually   imports,
exports, removes, buys, sells traffics or deals in slaves,   shall  be
punished with 1*[imprisonment  for  life], or   with   imprisonment of
either description for a term not exceeding ten years,  and shall also
be liable to fine.


372.


Selling minor for purposes of prostitution, etc.


     372. Selling minor for purposes   of  prostitution, etc.--Whoever
sells, lets to hire, or otherwise disposes   of   any  2*[person under
the age of eighteen years with intent that such person   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   person  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.

     3*[Explanation I.-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 II.-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.]


373.


Buying minor for purposes of prostitution, etc.


     373. Buying minor for purposes of   prostitution,   etc.--Whoever
buys, hires or otherwise obtains possession of  any  2*[person   under
the age of eighteen years with intent that such person shall at
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
2.   Subs. by Act 18 of 1924, s. 2, for "minor  under   the   age   of
     eighteen years with intent that such minor shall be   employed or
     used for the purpose of prostitution or for  any   unlawful   and
     immoral purpose, or knowing it to be likely that such minor  will
     be".
3.   Ins. by s.3, ibid,

184

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   person  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.

     1*[Explanation I.-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 II.-"Illicit intercourse" has the  same meaning as in
section 372.]


374.


Unlawful compulsory labour.


     374. Unlawful compulsory labour.--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.

                        2*[Sexual offences

375.


Rape.


     375. Rape.--A man is said to commit "rape" who,   except   in the
case hereinafter excepted, has sexual intercourse with a woman   under
circumstances falling under any of the six   following  descriptions:-

          First.-Against her will.

          Secondly.-Without her consent.

          Thirdly.-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.

          Fourthly.-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.

          Fifthly.-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.

          Sixthly.-With or without her consent, when   she   is  under
     sixteen years of age.

     Explanation.-Penetration  is  sufficient to constitute the sexual
intercourse necessary to the offence of rape.

     Exception.-Sexual intercourse  by  a  man  with his own wife, the
wife not being under fifteen years of age, is not rape.


376.


Punishment for rape.


     376. Punishment for rape.--(1) Whoever,  except   in   the  cases
provided for by sub-section (2), commits rape   shall be punished with
imprisonment of either description for a term which  shall not be less
than seven years but which may be for life or for a  term   which  may
extend to ten years and shall also be liable to fine unless the  woman
raped is his own wife and is not under twelve  years of age, in  which
case, he shall be punished with imprisonment of either description for
a term which may extend to two years or with fine or with both:
----------------------------------------------------------------------
1.   Ins. by Act 18 of 1924, s. 4.
2.   Subs. by Act 43 of 1983, s.3 for the heading "Of  rape"  and  ss.
     375 and 376.
----------------------------------------------------------------------

185

     Provided that  the court may, for adequate and special reasons to
be mentioned  in the judgment, impose a sentence of imprisonment for a
term of less than seven years.

     (2) Whoever,-

          (a) being a police officer commits rape-

               (i)  within the  limits of  the police station to which
                    he is appointed; or

               (ii) in  the premises  of any  station house whether or
                    not situated  in the police station to which he is
                    appointed; or

               (iii) on  a woman in his custody or in the custody of a
                    police officer subordinate to him; or

          (b) being  a public servant, takes advantage of his official
     position and  commits rape  on a  woman in  his custody  as  such
     public servant  or in the custody of a public servant subordinate
     to him; or

          (c) 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 takes  advantage of his official position and commits
     rape  on   any  inmate  of  such  jail,  remand  home,  place  or
     institution; or

          (d) being  on the  management or on the staff of a hospital,
     takes advantage  of his  official position  and commits rape on a
     woman in that hospital; or

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

          (f) commits  rape on  a woman when she is under twelve years
     of age; or

          (g) commits gang rape,

shall be  punished with  rigorous imprisonment  for a term which shall
not be less than ten years but which may be for life and shall also be
liable to fine:

     Provided that  the court may, for adequate and special reasons to
be mentioned  in the  judgment, impose  a sentence  of imprisonment of
either description for a term of less than ten years.

     Explanation 1.-Where a women's is raped by one or more in a group
of persons  acting in  furtherance of  their common intention, each of
the persons  shall be  deemed to  have committed  gang rape within the
meaning of this sub-section.

     Explanation  2.-"women's  or  children's  institution"  means  an
institution, whether  called and  orphanage or  a home  for  neglected
women or  children or  a widows'  home or  by any other name, which is
established and  maintained for  the reception  and care  of women  or
children.

     Explanation 3.-"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.


376A.


Intercourse by a man with his wife during separation.


     376A. Intercourse  by a  man with  his wife  during separation.--
Whoever has  sexual intercourse  with his  own  wife,  who  is  living
separately from  him under  a decree of separation or under any custom
or usage  without her  consent shall  be punished with imprisonment of
either description  for a term which may extend to two years and shall
also be liable to fine.

186


376B.


Intercourse by public servant with woman in his custody.


     376B. Intercourse  by public servant with woman in his custody.--
Whoever, being  a public  servant, takes  advantage  of  his  official
position and  induces or  seduces, any woman, who is in his custody as
such public  servant or in the custody of a public servant subordinate
to him,  to have  sexual intercourse with him, 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 five
years and shall also be liable to fine.


376C.


Intercourse by superintendent of jail, remand home, etc.


     376C. Intercourse  by superintendent of jail, remand home, etc.--
Whoever, being the superintendent or manager 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  takes
advantage of  his official  position and induces or seduces any female
inmate of  such jail, remand home, place or institution to have sexual
intercourse with  him, 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 five years and shall also
be liable to fine.

     Explanation 1.-"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 he can exercise any authority
or control over its inmates.

     Explanation 2.-The expression "women's or children's institution"
shall have  the same meaning as in Explanation 2 to sub-section (2) of
section 376.


376D.


Intercourse by  any member  of the  management or  staff of a hospital
with any woman in that hospital.


     376D. Intercourse  by any  member of the management or staff of a
hospital with  any woman  in that  hospital.--Whoever,  being  on  the
management of  a hospital  or being  on the  staff of a hospital takes
advantage of his position and has sexual intercourse with any woman in
that hospital, 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 five years and shall also be liable to fine.

     Explanation.-The  expression   "hospital"  shall  have  the  same
meaning as in Explanation 3 to sub-section (2) of section 376.]

                        Of unnatural offences


377.


Unnatural offences.


     377. Unnatural   offences.--Whoever    voluntarily   has   carnal
intercourse against the order of nature with any man, woman or animal,
shall  be  punished   with   1*[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.-Penetration is  sufficient to  constitute the carnal
intercourse necessary to the offence described in this section.


CHAPTER XVII


OF OFFENCES AGAINST PROPERTY


                             CHAPTER XVII

                     OF OFFENCES AGAINST PROPERTY

                               Of theft


378.


Theft.


     378. Theft.--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.
----------------------------------------------------------------------
1.   Subs, by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life ".
----------------------------------------------------------------------

187

     Explanation 2.-A  moving effected  by the  same act which effects
the severance may be a theft.

     Explanation 3.-A  person is  said to  cause a  thing to  move  by
removing an  obstacle which  prevented it from moving or by separating
it from any other thing, as well as by actually moving it.

     Explanation 4.-A  person, who  by any  means causes  an animal to
move, is  said to  move that  animal, and to move everything which, in
consequence of the motion so caused, is moved by that animal.

     Explanation 5.-The  consent mentioned  in the  definition may  be
express or  implied,  and  may  be  given  either  by  the  person  in
possession, or  by any person having for that purpose authority either
express or implied.

                            Illustrations

     (a) A  cuts down  a tree  on Z's  ground, with  the intention  of
dishonestly taking the tree out of Z's possession without Z's consent.
Here, as  soon as  A has  severed the tree in order to such taking, he
has committed theft.

     (b) A  puts a  bait for  dogs in his pocket, and thus induces Z's
dog to  follow it.  Here, if  A's intention 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.

     (c) A  meets a  bullock carrying a box of treasure. He drives the
bullock in  a certain direction, in order that he may dishonestly take
the treasure.  As soon  as the bullock begins to move, A has committed
theft of the treasure.

     (d) A  being Z's servant, and entrusted by Z with the care of Z's
plate, dishonestly  runs away  with the  plate, without Z's consent. A
has committed theft.

     (e) Z, going on a journey, entrusts his plate to A, the keeper of
a warehouse,  till Z  shall return. A carries the plate to a goldsmith
and sells  it. Here  the plate was not in Z's possession. It could not
therefore be  taken out  of Z's  possession, and  A has  not committed
theft, though he may have committed criminal breach of trust.

     (f) A finds a ring belonging to Z on a table in 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 high-road, 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  jeweller, to be regulated. Z
carries it  to his  shop. A,  not owing  to the  jeweller any debt for
which the  jeweller might  lawfully detain  the watch  as a  security,
enters the  shop openly, takes his watch by force out of Z's hand, and
carries it  away. Here  A,  though  he  may  have  committed  criminal
trespass and assault, has not committed theft, inasmuch as what he did
was not done dishonestly.

188

     (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, inasmuch 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
inasmuch 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 therefor 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 authorized 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  not 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 B's possession. Here, as A
does not take dishonestly, he does not commit theft.


379.


Punishment for theft.


     379.  Punishment  for  theft.--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.


380.


Theft in dwelling house, etc.


     380. Theft  in dwelling house, etc.--Whoever commits theft in any
building, tent  or vessel, which building, tent or vessel is used as a
human dwelling, or used for the custody of property, shall be punished
with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.


381.


Theft by clerk or servant of property in possession of master.


     381. Theft  by clerk  or servant  of property  in  possession  of
master.--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.


382.


Theft after  preparation made  for causing death, hurt or restraint in
order to the committing of the theft.


     382. Theft  after preparation  made for  causing death,  hurt  or
restraint in  order to  the committing  of the theft.--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.

189

     (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


383.


Extortion.


     383. Extortion.--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  worngful
confinement, unless  Z will  sign and  deliver to  A a promissory note
binding Z to pay certain monies to A to Z sings and delivers the note.
A has committed extortion.

     (c) A  threatens to send club-men to plough up Z's field unless Z
will sign and deliver to B a bond binding Z under a penalty to deliver
certain  produce  to B, 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
sings and delivers the paper to A. Here, as the paper so signed may be
converted into a valuable security A has committed extortion.


384.


Punishment for extortion.


     384. Punishment  for extortion.--Whoever  commits extortion shall
be punished  with imprisonment  of either description for a term which
may extend to three years, or with fine, or with both.


385.


Putting person in fear of injury in order to commit extortion.


     385. Putting  person  in  fear  of  injury  in  order  to  commit
extortion.--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.


386.


Extortion by putting a person in fear of death or grievous hurt.


     386. Extortion  by putting  a person in fear of death or grievous
hurt.--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.


387.


Putting person  in fear  of death  or of  grievous hurt,  in order  to
commit extortion.


     387. Putting  person in  fear of  death or  of grievous  hurt, in
order to  commit extortion.--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.


388.


Extortion by  threat of accusation of an offence punishable with death
or imprisonment for life, etc.


     388. Extortion  by threat  of accusation of an offence punishable
with death  or imprisonment  for life, etc.--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 1*[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
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
----------------------------------------------------------------------

190

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 the  offence be  one punishable under section 377 of this Code, may
be punished with 1*[imprisonment for life].


389.


Putting person  in fear  or accusation  of offence, in order to commit
extortion.


     389. Putting person in fear or accusation of offence, in order to
commit extortion.--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 1*[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; and, if the
offence be  punishable under section 377 of this Code, may be punished
with 1*[imprisonment for life].

                        Of robbery and dacoity


390.


Robbery.


     390. Robbery.--In all robbery there is either theft or extortion.


When theft is robbery.


     When theft  is robbery.--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.


When extortion is robbery.


     When  extortion   is  robbery.--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.

     (c) A  meets Z and Z's child on the high road. A takes the child,
and threatens  to filing it down  a precipice,  unless Z  delivers his
purse. Z,  in consequence, delivers his purse. Here A has extorted the
purse from  Z, by causing Z to be in fear of instant hurt to the child
who is there present. A has therefore committed robbery on Z.

     (d) A  obtains property  from Z  by saying-"Your  child is in the
hands of  my gang,  and will  be put  to death  unless you send us ten
thousand rupees". This is extortion, and punishable as such: but it is
not robbery,  unless Z  is put  in fear  of the  instant death  of his
child.


391.


Dacoity.


     391. Dacoity.--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".
----------------------------------------------------------------------
1.   Subs, by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life."
----------------------------------------------------------------------

191


392.


Punishment for robbery.


     392. Punishment  for robbery.--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.


393.


Attempt to commit robbery.


     393. Attempt  to  commit  robbery.--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.


394.


Voluntarily causing hurt in committing robbery.


     394. Voluntarily  causing hurt  in  committing  robbery.--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 1*[imprisonment for life], or with  rigorous  imprisonment  for a
term which may extend to ten years, and shall also be liable to fine.


395.


Punishment for dacoity.


     395. Punishment  for dacoity.--Whoever  commits dacoity  shall be
punished  with   1*[imprisonment   for  life],  or    with    rigorous
imprisonment for  a term which may extend to ten years, and shall also
be liable to fine.


396.


Dacoity with murder.


     396. Dacoity  with murder.--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
1*[imprisonment for life], or  rigorous  imprisonment for a term which
may extend to ten years, and shall also be liable to fine.


397.


Robbery or dacoity, with attempt to cause death or grievous hurt.


     397. Robbery  or dacoity, with attempt to cause death or grievous
hurt.--If, at  the time of committing robbery or dacoity, the offender
uses any  deadly weapon,  or causes  grievous hurt  to any  person, so
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.


398.


Attempt to commit robbery or dacoity when armed with deadly weapon.


     398. Attempt  to commit robbery or dacoity when armed with deadly
weapon.--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.


399.


Making preparation to commit dacoity.


     399. Making  preparation to  commit dacoity.--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.


400.


Punishment for belonging to gang of dacoits.


     400. Punishment  for belonging  to gang  of dacoits.--Whoever, at
any time  after the  passing of  this Act,  shall belong  to a gang of
persons associated  for the  purpose of habitually committing dacoity,
shall be  punished with 1*[imprisonment  for  life], or  with rigorous
imprisonment for  a term which may extend to ten years, and shall also
be liable to fine.


401.


Punishment for belonging to gang of thieves.


     401. Punishment  for belonging  to gang  of thieves.--Whoever, at
any time  after the passing of this Act, shall belong to any wandering
or other  gang of  persons associated  for the  purpose of  habitually
committing theft or robbery, and not being a gang of thugs or dacoits,
shall be  punished with  rigorous imprisonment  for a  term which  may
extend to seven years, and shall also be liable to fine.


402.


Assembling for purpose of committing dacoity.


     402. Assembling  for purpose  of committing dacoity.--Whoever, at
any time  after the  passing of this Act, shall be one of five or more
persons assembled  for the  purpose of  committing dacoity,  shall  be
punished with  rigorous imprisonment  for a  term which  may extend to
seven years, and shall also be liable to fine.

               Of criminal misappropriation of property


403.


Dishonest misappropriation of property.


     403. Dishonest misappropriation of property.--Whoever dishonestly
misappropriates or converts to his own use any movable property, shall
be punished  with imprisonment  of either description for a term which
may extend to two years, or with fine, or with both.
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life."
----------------------------------------------------------------------

192

                            Illustrations

     (a) A takes property belonging to Z out of Z's possession in good
faith, believing,  at the  time when  he takes  it, that  the property
belongs to  himself. A  is not  guilty  of  theft;  but  if  A,  after
discovering his  mistake, dishonestly appropriates the property to his
own use, he is guilty of an offence under this section.

     (b) A,  being on  friendly terms with Z, goes into Z's library in
Z's absence  and takes  away a book without Z's express consent. Here,
if A  was under the impression that he had Z's implied consent to take
the book  for the  purpose of  reading it,  A has not committed theft.
But, if  A afterwards sells the book for his own benefit, he is guilty
of an offence under this section.

     (c) A  and B being joint owners of a horse, A takes the horse out
of B's  possession, 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 with 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 or 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 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 belong,  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.

     (c) A finds a cheque payable to bearer. He can form no conjecture
as to  the person who 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.

193

     (d) A sees Z drop his purse with money in it. A pick up the purse
with the intention of restoring it to Z, bu 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.


404.


Dishonest misappropriation of property possessed by deceased person at
the time of his death.


     404. Dishonest misappropriation of property possessed by deceased
person at  the time  of his death.-Whoever dishonestly misappropriates
or converts to his own use property, knowing that such property was in
the possession  of a  deceased person  at the  time of  that  person's
decease, and  has not  since been  in the  possession  of  any  person
legally  entitled   to  such   possession,  shall   be  punished  with
imprisonment of  either description  for a  term which  may extend  to
three years,  and shall also be liable to fine, and if the offender at
the time  of such  person's decease  was employed by him as a clerk or
servant, the imprisonment may extend to seven years.

                             Illustration

     Z dies  in possession  of furniture  and money.  His  servant  A,
before the  money comes  into the possession of any person entitled to
such possession,  dishonestly misappropriates  it. A has committed the
offence defined in this section.

                     Of criminal breach of trust


405.


Criminal breach of trust.


     405. Criminal  breach of  trust.--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".

     1*[2*[Explanation 1].-A  person,  being  an  employer   3*[of  an
establishment  whether  exempted  under  section  17 of the Employees'
Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) or
not] who deducts the employees' 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.]

     4*[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 (34 of 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
----------------------------------------------------------------------
1.   Ins. by Act 40 of 1973, s. 9 (w.e.f. 1-11-1973).
2.   Explanation renumbered  as Explanation  1 by Act 38 of 1975, s. 9
     (w.e.f. 1-9-1975).
3.   Ins. by Act 33 of 1988, s. 27 (w.e.f. 1-8-1988).
4.   Ins. by Act 38 of 1975, s. 9 (w.e.f. 1-9-1975).
----------------------------------------------------------------------

194

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.

     (c) A,  residing in  Calcutta, is agent for Z, residing at Delhi.
There is an express or implied contract between A and Z, that all sums
remitted by Z to A shall be invested by A, according to Z's direction.
Z remits  a lakh  of rupees  to A,  with directions to A to invest the
same in  Company's paper.  A dishonestly  disobeys the  directions and
employs the money in his own business. A has committed criminal breach
of trust.

     (d) But  if A,  in the  last illustration, not dishonestly but in
good faith,  believing that  it will be more for Z's advantage to hold
shares in the Bank of Bengal, disobeys Z's directions, and buys shares
in the Bank of Bengal, for Z, instead of buying Company's paper, here,
thought 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.


406.


Punishment for criminal breach of trust.


     406. Punishment  for criminal  breach of  trust.--Whoever commits
criminal breach of trust shall be punished with imprisonment of either
description for  a term which may extend to three years, or with fine,
or with both.


407.


Criminal breach of trust by carrier, etc.


     407. Criminal  breach of  trust by  carrier, etc.--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.


408.


Criminal breach of trust by clerk or servant.


     408. Criminal  breach of  trust by  clerk  or  servant.--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.


409.


Criminal breach  of trust by public servant, or by banker, merchant or
agent.


     409. Criminal  breach of  trust by  public servant, or by banker,
merchant or  agent.--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 1*[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.
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
----------------------------------------------------------------------

195

                  OF TE RECEIVING OF STOLEN PROPERTY


410.


Stolen property.


     410. Stolen  property.--Property, the possession whereof has been
transferred by  theft, or  by extortion,  or by  robbery, and property
which  has  been  criminally  misappropriated or  in respect  of which
1***criminal  breach of trust has  been  committed, is  designated  as
"stolen property",  2*[whether the  transfer  has  been   made, or the
misappropriation or  breach of  trust has  been committed,  within  or
without 3*[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.


411.


Dishonestly receiving stolen property.


     411. Dishonestly  receiving stolen property.--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.


412.


Dishonestly receiving property stolen in the commission of a dacoity.


     412. Dishonestly receiving property stolen in the commission of a
dacoity.--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
4*[imprisonment for life], or  with rigorous  imprisonment  for a term
which may extend to ten years, and shall also be liable to fine.


413.


Habitually dealing in stolen property.


     413. Habitually  dealing in  stolen property.--Whoever habitually
receives or  deals in property which he knows or has reason to believe
to be  stolen property,  shall  be   punished with 4*[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.


414.


Assisting in concealment of stolen property.


     414.  Assisting   in  concealment  of  stolen  property.--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


415.


Cheating.


     415. Cheating.--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.
----------------------------------------------------------------------
1.   The words "the" and "offence of" rep. by Act 12 of 1891, s. 2 and
     Sch. I and Act 8 of 1882, s. 9, respectively.
2.   Ins. by Act 8 of 1882 s. 9.
3.   Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
4.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
----------------------------------------------------------------------

196

     (b) A, by putting a counterfeit mark on an article, intentionally
deceives Z  into a  belief that  this article  was made  by a  certain
celebrated manufacturer, and thus dishonestly induces Z to buy and pay
for the article. A cheats.

     (c)  A,  by  exhibiting  to  Z  a  false  sample  of  an  article
intentionally deceives  Z into  believing that the article corresponds
with the  sample, and thereby dishonestly induces Z to buy and pay for
the article. A cheats.

     (d) A,  by tendering  in payment for an article a bill on a house
with which A keeps no money, and by which A expects that the bill will
be dishonoured,  intentionally deceives  Z,  and  thereby  dishonestly
induces Z  to deliver  the article,  intending not  to pay  for it.  A
cheats

     (e) A,  by pledging  as diamond  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.


416.


Cheating by personation.


     416. Cheating  by personation.--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.


417.


Punishment for cheating.


   417. Punishment for cheating.-Whoever cheats shall be punished with
imprisonment  of either description for a term which may extend to one
year, or with fine, or with both.

197


418.


Cheating with  knowledge that  wrongful loss may ensue to person whose
interest offender is bound to protect.


     418. Cheating  with knowledge  that wrongful  loss may  ensue  to
person whose  interest offender  is bound  to protect.--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  legal  contract,  to
protect, shall be punished with imprisonment of either description for
a term which may extend to three years, or with fine, or with both.


419.


Punishment for cheating by personation.


     419. Punishment  for cheating  by personation.--Whoever cheats by
personation shall  be punished with imprisonment of either description
for a  term which  may extend  to three  years, or  with fine, or with
both.


420.


Cheating and dishonestly inducing delivery of property.


     420. Cheating  and dishonestly  inducing delivery  of property.--
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.

           Of fraudulent deeds and dispositions of property


421.


Dishonest or  fraudulent removal or concealment of property to prevent
distribution among creditors.


     421. Dishonest  or fraudulent  removal or concealment of property
to  prevent  distribution  among  creditors.--Whoever  dishonestly  or
fraudulently removes, conceals or delivers to any person, or transfers
or  causes   to  be   transferred  to  any  person,  without  adequate
consideration, any  property, intending thereby to prevent, or knowing
it to  be likely that he will thereby prevent the distribution of that
property according  to law among his creditors or the creditors of any
other  person,   shall  be   punished  with   imprisonment  of  either
description for a term which may extend to two years, or with fine, or
with both.


422.


Dishonestly  or  fraudulently  preventing  debt  being  available  for
creditors.


     422. Dishonestly  or fraudulently preventing debt being available
for creditors.--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.


423.


Dishonest or fraudulent execution of deed of transfer containing false
statement of consideration.


     423. Dishonest  or  fraudulent  execution  of  deed  of  transfer
containing false  statement of  consideration.--Whoever dishonestly or
fraudulently signs,  executes or  becomes  a  party  to  any  deed  or
instrument which  purports to  transfer or  subject to  any charge any
property, or  any interest  therein,  and  which  contains  any  false
statement relating  to the  consideration for such transfer or charge,
or relating  to the  person or  persons for whose use or benefit it is
really intended  to operate,  shall be  punished with  imprisonment of
either description  for a  term which may extend to two years, or with
fine, or with both.


424.


Dishonest or fraudulent removal or concealment of property.


     424. Dishonest or fraudulent removal or concealment of property.-
Whoever  dishonestly  or fraudulently conceals or removes any property
of himself or any other person, or dishonestly or fraudulently assists
in the  concealment or  removal thereof,  or dishonestly  releases any
demand or  claim to  which he  is entitled,  shall  be  punished  with
imprisonment of  either description for a term which may extend to two
years, or with fine, or with both.

                             Of mischief


425.


Mischief.


     425. Mischief.--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".

198

     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 in to an ice-house belonging to Z and thus
causes the  ice to melt, intending wrongful loss to Z. A has committed
mischief.

     (c) A voluntarily throws into a river a ring belonging to Z, with
the intention  of there by 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.


426.


Punishment for mischief.


     426. Punishment  for mischief.--Whoever commits mischief shall be
punished with  imprisonment of either description for a term which may
extend to three months, or with fine, or with both.


427.


Mischief causing damage to the amount of fifty rupees.


     427. Mischief  causing damage  to the  amount of  fifty rupees.--
Whoever commits  mischief and  thereby causes  loss or  damage to  the
amount of fifty rupees or upwards, shall be punished with imprisonment
of either  description for  a term  which may  extend to two years, or
with fine, or with both.


428.


Mischief by killing or maiming animal of the value of ten rupees.


     428. Mischief  by  killing  or maiming animal of the value of ten
rupees.-Whoever  commits  mischief by killing, poisoning,  maiming  or
rendering useless any animals or animal of the value of the ten rupees
or  upwards, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.


429.


Mischief by  killing or  maiming cattle,  etc., of  any value  or  any
animal of the value of fifty rupees.


     429. Mischief by killing or maiming cattle, etc., of any value or
any animal  of the value of fifty rupees.--Whoever commits mischief by
killing, poisoning, maiming or rendering useless, any elephant, camel,
horse, mule,  buffalo, bull,  cow or  ox, whatever  may be  the  value
thereof, of any other animal  of the value of fifty rupees or upwards,
shall be  punished with  imprisonment or either description for a term
which may extend to five years, or with fine, or with both.

199


430.


Mischief by  injury to  works of irrigation or by wrongfully diverting
water.


     430. Mischief  by injury  to works of irrigation or by wrongfully
diverting  water.--Whoever  commits  mischief by doing any  act  which
causes,  or which he knows to be likely to cause, a diminution of  the
supply  of  water for agricultural purposes, or for 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.


431.


Mischief by injury to public road, bridge, river or channel.


     431.  Mischief  by  injury  to  public  road,  bridge,  river  or
channel.--Whoever commits  mischief by  doing any act which renders or
which he  knows to  be likely  to  render  any  public  road,  bridge,
navigable  river   or  navigable   channel,  natural   or  artificial,
impassable or less safe for travelling or conveying property, shall be
punished with  imprisonment of either description for a term which may
extend to five years, or with fine, or with both.


432.


Mischief by  causing inundation  or  obstruction  to  public  drainage
attended with damage.


     432. Mischief  by causing  inundation or  obstruction  to  public
drainage attended  with damage.--Whoever commits mischief by doing any
act which causes or which he knows to be likely to cause an inundation
or an  obstruction to  any public  drainage attended  with  injury  or
damage, shall  be punished with imprisonment of either description for
a term which may extend to five years, or with fine, or with both.


433.


Mischief by  destroying, moving or rendering less useful a light-house
or sea-mark.


     433. Mischief  by destroying,  moving or  rendering less useful a
light-house or  sea-mark.--Whoever commits  mischief by  destroying or
moving any  light-house or other light used as a sea-mark, or any sea-
mark or  buoy or  other thing  placed as a guide for navigators, or by
any act  which renders  any such  light-house, sea-mark, buoy or other
such thing  as aforesaid  less useful as a guide for navigators, shall
be punished  with imprisonment  of either description for a term which
may extend to seven years, or with fine, or with both.


434.


Mischief by  destroying or  moving, etc.,  a land-mark fixed by public
authority.


     434. Mischief by destroying or moving, etc., a land-mark fixed by
public authority.--Whoever  commits mischief  by destroying  or moving
any land-mark  fixed by  the authority  of a public servant, or by any
act which  renders such  land-mark  less  useful  as  such,  shall  be
punished with  imprisonment of either description for a term which may
extend to one year, or with fine, or with both.


435.


Mischief by fire or explosive substance with intent to cause damage to
amount of  one hundred  or  (in  case  of  agricultural  produce)  ten
rupees.


     435. Mischief by fire or explosive substance with intent to cause
damage to  amount of  one hundred or (in case of agricultural produce)
ten  rupees.--Whoever  commits  mischief  by  fire  or  any  explosive
substance intending  to cause, or knowing it to be likely that he will
thereby cause,  damage to  any property  to the  amount of one hundred
rupees or  upwards 1*[or  (where  the    property    is   agricultural
produce) ten  rupees or  upwards], shall be punished with imprisonment
of either  description for  a term which may extend to seven years and
shall also be liable to fine.


436.


Mischief by  fire or explosive substance with intent to destroy house,
etc.


     436. Mischief  by fire  or explosive  substance  with  intent  to
destroy house, etc.--Whoever commits mischief by fire or any explosive
substance, intending to cause, or knowing it to be likely that he will
thereby cause.  the destruction  of any  building which  is ordinarily
used as  a place  of worship  or as a human dwelling or as a place for
the custody of property, shall be   punished  with 2*[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.


437.


Mischief with  intent to destroy or make unsafe a decked vessel or one
of twenty tons burden.


     437. Mischief  with intent  to destroy  or make  unsafe a  decked
vessel or  one of twenty tons burden.--Whoever commits mischief to any
decked vessel  or any  vessel of  a burden  of twenty tons or upwards,
intending to destroy or render unsafe, or knowing it to be likely that
he will  thereby destroy  or render  unsafe,  that  vessel,  shall  be
punished with  imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
----------------------------------------------------------------------
1.   Ins. by Act 8 of 1882, s. 10
2.   Subs, by  Act 26 of 1955, s. 117 and Sch, for "transportation for
     life".
----------------------------------------------------------------------

200


438.


Punishment for the mischief described in section 437 committed by fire
or explosive substance.


     438.  Punishment  for  the  mischief  described  in  section  437
committed  by   fire  or  explosive  substance.--Whoever  commits,  or
attempts to  commit, by fire or any explosive substance, such mischief
as is  described in the last preceding section. shall be punished with
1*[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.


439.


Punishment for  intentionally running  vessel aground  or ashore  with
intent to commit theft, etc.


     439. Punishment  for  intentionally  running  vessel  aground  or
ashore with  intent to  commit theft, etc.--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.


440.


Mischief committed after preparation made for causing death or hurt.


     440. Mischief  committed after preparation made for causing death
or hurt.--  Whoever commits  mischief,  having  made  preparation  for
causing to  any person  death, or hurt, or wrongful restraint, or fear
of death,  or 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.

                         Of criminal trespass


441.


Criminal trespass.


     441. Criminal  trespass.--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".


442.


House-trespass.


     442.  House-trespass.--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.


443.


Lurking house-trespass.


     443.  Lurking   house-trespass.--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".


444.


Lurking house-trespass by night.


     444. Lurking  house-trespass by  night.--Whoever commits  lurking
house-trespass after  sunset and  before sunrise,  is said  to  commit
"lurking house-trespass by night".


445.


House-breaking.


     445. House-breaking.--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 it in such six ways, that is to say :-

     First.-If he  enters or  quits through a passage made by himself,
or by any abettor of the house-trespass, in order to the committing of
the house-trespass.
----------------------------------------------------------------------
1.   Subs. by  act. 26  of 1955,  s. 117 and Sch., for "transportation
     for life".
----------------------------------------------------------------------

201

     Secondly.-If he  enters or quits through any passage not intended
by any  person, other  than himself  or an abettor of the offence, for
human entrance; or through any passage to which he has obtained access
by scaling or climbing over any wall or building.

     Thirdly.-If he  enters or  quits through  any passage which he or
any abettor  of  the  house-trespass  has  opened,  in  order  to  the
committing of  the house-trespass  by any  means by which that passage
was not intended by the occupier of the house to be opened.

     Fourthly.-If he  enters or  quits by opening any lock in order to
the committing  of the  house-trespass, or in order to the quitting of
the house after a house-trespass.

     Fifthly.-If  he  effects  his  entrance  or  departure  by  using
criminal force  or committing an assault, or by threatening any person
with assault.

     Sixthly.-If he  enters or  quits by any passage which he knows to
have been  fastened against  such entrance  or departure,  and to have
been unfastened by himself or by an abettor of the house-trespass.

     Explanation.-Any out-house or building occupied with a house, and
between  which   and  such   house  there  is  an  immediate  internal
communication, is  part of  the  house  within  the  meaning  of  this
section.

                            Illustrations

     (a) A commits house-trespass by making a hole through the wall of
Z's house,  and putting  his hand through the aperture. This is house-
breaking.

     (b) A  commits house-trespass  by creeping into a ship at a port-
hole between decks. This is house-breaking.

     (c) A  commits house-trespass  by entering  Z's house  through  a
window. This is 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.


446.


House-breaking by night.


     446. House-breaking  by  night.--Whoever  commits  house-breaking
after sunset  and before sunrise, is said to commit "house-breaking by
night".


447.


Punishment for criminal trespass.


     447. Punishment  for criminal trespass.--Whoever commits criminal
trespass shall be punished with imprisonment of either description for
a term which may extend to three months, or with fine which may extend
to five hundred rupees, or with both.


448.


Punishment for house-trespass.


     448.  Punishment   for  house-trespass.--Whoever  commits  house-
trespass shall be punished with imprisonment of either description for
a term  which may extend to one year, or with fine which may extend to
one thousand rupees, or with both.

202


449.


House-trespass in order to commit offence punishable with death.


     449. House-trespass  in order  to commit  offence punishable with
death.--Whoever commits  house-trespass in  order to the committing of
any   offence   punishable   with   death,  shall  be   punished  with
1*[imprisonment for life], or  with rigorous  imprisonment for a  term
not exceeding ten years, and shall also be liable to fine.


450.


House-trespass in order to commit offence punishable with imprisonment
for life.


     450. House-trespass  in order  to commit  offence punishable with
imprisonment for life.--Whoever commits house-trespass in order to the
committing of  any   offence   punishable   with  1*[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.


451.


House-trespass  in   order   to   commit   offence   punishable   with
imprisonment.


     451. House-trespass  in order  to commit  offence punishable with
imprisonment.--Whoever  commits   house-trespass  in   order  to   the
committing of  any offence  punishable  with  imprisonment,  shall  be
punished with  imprisonment of either description for a term which may
extend to  two years,  and shall  also be  liable to  fine; and if the
offence  intended   to  be   committed  is  theft,  the  term  of  the
imprisonment may be extended to seven years.


452.


House-trespass  alter   preparation  for  hurt,  assault  or  wrongful
restraint.


     452.  House-trespass  alter  preparation  for  hurt,  assault  or
wrongful  restraint.--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 and
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.


453.


Punishment for lurking house-trespass or house-breaking.


     453. Punishment  for lurking  house-trespass or house-breaking.--
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.


454.


Lurking house-trespass  or house-breaking  in order  to commit offence
punishable with imprisonment.


     454. Lurking  house-trespass or house-breaking in order to commit
offence punishable  with imprisonment.--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.


455.


Lurking house-trespass  or house-breaking  after preparation for hurt,
assault or wrongful restraint.


     455. Lurking  house-trespass or  house-breaking after preparation
for hurt,  assault or  wrongful  restraint.--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.


456.


Punishment for lurking house-trespass or house-breaking by night.


     456. Punishment  for lurking  house-trespass or house-breaking by
night.--Whoever commits  lurking house-trespass  by night,  or  house-
breaking by  night, shall  be punished  with  imprisonment  of  either
description for a term which may extend to three years, and shall also
be liable to fine.


457.


Lurking house-trespass  or house-breaking  by night in order to commit
offence punishable with imprisonment.


     457. Lurking  house-trespass or  house-breaking by night in order
to  commit  offence  punishable  with  imprisonment.--Whoever  commits
lurking house-trespass  by night,  or house-breaking by night in order
to the  committing of  any offence punishable with imprisonment, shall
be punished  with imprisonment  of either description for a term which
may extend  to five  years, and  shall also be liable to fine; and, if
the offence  intended to  be committed  is  theft,  the  term  of  the
imprisonment may be extended to fourteen years.


458.


Lurking house-trespass  or house-breaking  by night  after preparation
for hurt, assault, or wrongful restraint.


     458. Lurking  house-trespass or  house-breaking  by  night  after
preparation for hurt, assault, or wrongful restraint.--Whoever commits
lurking house-trespass  by night,  or house-breaking  by night, having
made preparation  for causing hurt to any person or for assaulting any
person, or  for wrongfully  restraining any person, or for putting any
person in fear of hurt, or of assault, or of wrongful restraint, shall
be punished  with imprisonment  of either description for a term which
may extend to fourteen years, and shall also be liable to fine.
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
----------------------------------------------------------------------

203


459.


Grievous hurt  caused  whilst  committing  lurking  house-trespass  or
house-breaking.


     459.  Grievous  hurt  caused  whilst  committing  lurking  house-
trespass or house-breaking.--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  1*[imprisonment for life], or   imprisonment  of either
description for  a term  which may extend to ten years, and shall also
be liable to fine.


460.


All persons  jointly concerned  in lurking  house-trespass  or  house-
breaking by  night punishable  where death  or grievous hurt caused by
one of them.


     460. All  persons jointly  concerned in lurking house-trespass or
house-breaking by night punishable where death or grievous hurt caused
by one  of them.--If  at the  time of the committing of lurking house-
trespass by  night or  house-breaking by  night, any  person guilty of
such offence  shall voluntarily  cause or  attempt to  cause death  or
grievous hurt  to  any  person,  every  person  jointly  concerned  in
committing such  lurkking house-trespass by night or house-breaking by
night, shall  be punished  with 1*[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.


461.


Dishonestly breaking open receptacle containing property.


     461. Dishonestly  breaking open receptacle containing property.--
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.


462.


Punishment for  same offence  when committed  by person entrusted with
custody.


     462.  Punishment  for  same  offence  when  committed  by  person
entrusted with  custody.--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


                            CHAPTER XVIII

     OF OFFENCES RELATING TO DOCUMENTS AND TO 2****PROPERTY MARKS


463.


Forgery.


     463. Forgery.--Whoever  makes any  false document  or part  of  a
document 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.


464.


Making a false document.


     464. Making  a false  document.--A person is said to make a false
document-

     First.-Who dishonestly  or fraudulently  makes, signs,  seals  or
executes a  document or part of a document, or makes any mark denoting
the execution  of a  document, with  the intention of causing it to be
believed that  such document  or part  of a document was made, signed,
sealed or  executed by  or by  the authority of a person by whom or by
whose authority  he knows  that it  was not  made, signed,  sealed  or
executed, or at a time at which he knows that it was not made, signed,
sealed or executed; or

     Secondly.-Who,   without   lawful   authority,   dishonestly   or
fraudulently, by  cancellation or  otherwise, alters a document in any
material part  thereof, after  it has  been made or executed either by
himself or  by any other person, whether such person be living or dead
at the time of such alteration; or

     Thirdly.-Who dishonestly  or fraudulently  causes any  person  to
sign, seal,  execute or  alter a document, 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 the nature of the alteration.
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
2.   The words  "Trade or"  omitted by Act 43 of 1958, s. 135 and Sch.
     (w.e.f. 25-11-1959).
----------------------------------------------------------------------

204

                            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.

     (c) A  picks up  a cheque  on a  banker signed  by B,  payable to
bearer, but  without any  sum having  been inserted  in the  cheque. A
fraudulently fills  up the cheque by inserting the sum of ten thousand
rupees. A commits forgery.

     (d) A  leaves with  B, his agent, a cheque on a banker, signed by
A, without  inserting the  sum payable and authorizes B to fill up the
cheque by  inserting a  sum not  exceeding ten thousand rupees for the
purpose of making certain payments. B fraudulently fills up the cheque
by inserting the sum of twenty thousand rupees. B commits forgery.

     (e) A  draws a  bill of  exchange on  himself in  the name  of  B
without B's authority, intending to 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< for 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  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 inasmuch as he intended to
deceive Z  by the forged certificate, and thereby to induce Z to enter
into an express or implied contract for service.

205

     Explanation I.-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 bills 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.

     (c) A  picks up  a bill  of exchange  payable to  the order  of a
different person  of the  same 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
fictious person,  intending it  to be  believed that  the document was
made by 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  fictious  person,  and
fraudulently accepts  the bill  in the  name of such fictitious person
with intent to negotiate it. A commits forgery.


465.


Punishment for forgery.


     465. Punishment  for forgery.--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.


466.


Forgery of record of Court or of public register, etc.


     466. Forgery  of record  of Court  or of  public register, etc.--
Whoever forges  a document, purporting to be a record or proceeding of
or in a Court of Justice, or a register of birth, baptism, marriage or
burial, or  a register  kept  by  a  public  servant  as  such,  or  a
certificate or  document purporting  to be made by a public servant in
his official  capacity, or an authority to institute or defend a suit,
or to take any proceedings therein, or to confess judgment, or a power
of attorney, shall be punished with imprisonment of either description
for a  term which  may extend to seven years, and shall also be liable
to fine.

206


467.


Forgery of valuable security, will, etc.


     467. Forgery  of valuable  security, will, etc.--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   1
*[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.


468.


Forgery for purpose of cheating.


     468. Forgery  for purpose  of cheating.--Whoever commits forgery,
intending that  the document  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.


469.


Forgery for purpose of harming reputation.


     469. Forgery  for purpose of harming reputation.--Whoever commits
forgery, intending  that the document 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.


470.


Forged document.


     470. Forged document.--A false document made wholly or in part by
forgery is designated "a forged document".


471.


Using as genuine a forged document.


     471. Using as genuine a forged document.--Whoever fraudulently or
dishonestly uses  as genuine any document which he knows or has reason
to believe  to be  a forged  document, shall  be punished  in the same
manner as if he had forged such document.


472.


Making or  possessing counterfeit  seal, etc.,  with intent  to commit
forgery punishable under section 467.


     472. Making  or possessing counterfeit seal, etc., with intent to
commit  forgery   punishable  under  section  467.--Whoever  makes  or
counterfeits any  seal,  plate  or  other  instrument  for  making  an
impression, intending  that the  same shall be used for the purpose of
committing any  forgery which would be punishable under section 467 of
this Code,  or, with such intent, has in his possession any such seal,
plate or  other instrument,  knowing the same to be counterfeit, shall
be punishable  with 1*[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.


473.


Making or  possessing counterfeit  seal, etc.,  with intent  to commit
forgery punishable otherwise.


     473. Making  or possessing counterfeit seal, etc., with intent to
commit forgery  punishable otherwise.--Whoever  makes or  counterfeits
any  seal,  plate  or  other  instrument  for  making  an  impression,
intending that  the same  shall be  used for the purpose of committing
any forgery  which would  be punishable  under  any  section  of  this
Chapter other  than section  467, or,  with such  intent, has  in  his
possession any  such seal, plate or other instrument, knowing the same
to be  counterfeit, shall  be punished  with  imprisonment  of  either
description for a term which may extend to seven years, and shall also
be liable to fine.


474.


Having possession of document described in section 466 or 467, knowing
it to be forged and intending to use it genuine.


     474. Having  possession of  document described  in section 466 or
467, knowing it to be forged and intending to use it genuine.--Whoever
has in his possession any document, knowing the same to be forged, and
intending that  the same  shall fraudulently or dishonestly be used as
genuine, shall, if the document is one of the description mentioned in
section 466  of this  Code, be  punished with  imprisonment of  either
description for a term which may extend to seven years, and shall also
be liable  to fine;  and if  the document  is one  of the  description
mentioned in  section 467,  shall   be  punished  with 1*[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.
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955. s. 117 and Sch., for "transportation for
     life".

207


475.


Counterfeiting  device  or  mark  used  for  authenticating  documents
described in section 467, or possessing counterfeit marked material.


     475.  Counterfeiting  device  or  mark  used  for  authenticating
documents described  in section  467, or possessing counterfeit marked
material.--Whoever counterfeits  upon, or  in the  substance  of,  any
material, any  device or  mark used  for the purpose of authenticating
any document  described in  section 467  of this  Code, intending that
such device  or mark  shall be  used for  the purpose  of  giving  the
appearance of  authenticity to  any document then forged or thereafter
to be  forged on  such material,  or who, with such intent, has in his
possession any  material upon  or in  the substance  of which any such
device or  mark has  been counterfeited,  shall  be  punished  with  1
*[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.


476.


Counterfeiting device  or mark used for authenticating documents other
than those  described in section 467, or possessing counterfeit marked
material.


     476.  Counterfeiting  device  or  mark  used  for  authenticating
documents other  than those  described in  section 467,  or possessing
counterfeit marked  material.--Whoever counterfeits  upon, or  in  the
substance of, any material, any device or mark used for the purpose of
authenticating any  document other  than the  documents  described  in
section 467  of this Code, intending that such device or mark shall be
used for  the purpose  of giving the appearance of authenticity to any
document then  forged or  thereafter to be forged on such material, or
who with  such intent,  has in  his possession any material upon or in
the substance of which any such device or mark has been counterfeited,
shall be  punished with  imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.


477.


Fraudulent cancellation,  destruction, etc.,  of  will,  authority  to
adopt, or valuable security.


     477.  Fraudulent   cancellation,  destruction,   etc.,  of  will,
authority to  adopt, or  valuable security.--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 1*[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.


477A.


Falsification of accounts.


     2*[477A. Falsification  of accounts.--Whoever, being   a   clerk,
officer or  servant, or employed or acting in the capacity of a clerk,
officer or  servant, willfully,  and with intent to defraud, destroys,
alters, mutilates  or falsifies  any book,  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 willfully, 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,
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.]

                 3*[Of 4****property and other marks


478.


[Repealed.]


     478. [Trade  Mark.] Rep.  by the Trade and Merchandise Marks Act,
1958 (43 of 1958),s. 135 and Sch. (w. e. f. 25-11-1959).
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".
2.   Added by Act 3 of 1895, s. 4.
3.   Subs. by  Act. 4  of 1889, s. 3, for the original heading and ss.
     478 to 489.
4.   The word  "trade," omitted  by Act  43 of  1958, s.  135 and Sch.
     (w.e.f. 25-11-1959).
----------------------------------------------------------------------

208


479.


Property mark.


     1*479. Property  mark.--A mark  used  for denoting  that  movable
property belongs to a particular person is called a property mark.


480.


[Repealed.]


     480.  [Using   a  false  trade  mark.]  Rep.  by  the  Trade  and
Merchandise Marks  Act, 1958 (43 of 1958), s. 135 and Sch. (w.e.f. 25-
11-1959).


481.


Using a false property mark.


     481. Using  a false  property mark.--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.


482.


Punishment for using a false property mark.


     482. Punishment  for using a false property  mark.--Whoever  uses
1***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.


483.


Counterfeiting a property mark used by another.


     483. Counterfeiting  a property  mark used  by  another.--Whoever
counterfeits any  3****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.


484.


Counterfeiting a mark used by a public servant.


     484. Counterfeiting  a mark  used by  a public  servant.--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.


485.


Making or  possession of  any instrument for counterfeiting a property
mark.


     4*[485.  Making   or   possession    of   any    instrument   for
counterfeiting  a   property  mark.--Whoever   makes  or  has  in  his
possession any  die, plate  or other  instrument for  the  purpose  of
counterfeiting a proper 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.]


486.


Selling goods marked with a counterfeit property mark.


     486. Selling  goods marked  with a  counterfeit property  mark.--
5*[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-
----------------------------------------------------------------------
1.   Ss. 147 to 489  were  subs.  by  Act 4 of 1889, for  the original
     sections.
2.   The words "any false trade mark or" omitted by Act 43 of 1958, s.
     135 and Sch. (w.e.f. 25-11-1959).
3.   The words  "trade mark  or" omitted  by s.  135 and  Sch.,  ibid.
     (w.e.f. 25-11-1959).
4.   Subs. by  s. 135  and Sch.,  ibid., for the former section (w.e.f
     25-11-1959).
5.   Subs. by s. 135 and Sch., ibid., for certain words (w.e.f. 25-11-
     1959).
----------------------------------------------------------------------

209

          (a) that,  having taken  all reasonable  precautions against
     committing an offence against this section, he had at the time of
     the commission  of the  alleged offence  no reason to suspect the
     genuineness of the mark, and

          (b) that,  on demand made by or on behalf of the prosecutor,
     he gave  all the  information in  his power  with respect  to the
     persons from whom he obtained such goods or things, or

          (c) that otherwise he had acted innocently,

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


487.


Making a false mark upon any receptacle containing goods.


     487. Making  a false mark upon any receptacle containing goods.--
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.


488.


Punishment for making use of any such false mark.


     488. Punishment  for making  use of any such false mark.--Whoever
makes use  of any such false mark in any manner prohibited by the last
foregoing section shall, unless he proves that he acted without intent
to defraud, be punished as if he had committed an offence against that
section.


489.


Tampering with property mark with intent to cause injury.


  489. Tampering  with property mark with intent to cause injury.--
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.]

                1*[Of currency-notes and bank-notes


489A.


Counterfeiting currency-notes or bank-notes.


     489A.  Counterfeiting   currency-notes  or   bank-notes.--Whoever
counterfeits, or  knowingly  performs  any  part  of  the  process  of
counterfeiting, any currency-note or bank-note, shall be punished with
2*[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 section  and of  sections
489B, 3*[489C,  489D and 489E], the   expression  "bank-note"  means a
promissory note  or engagement  for the  payment of money to bearer on
demand issued by any person carrying on the business of banking in any
part of the world, or issued by or under the authority of any State or
Sovereign Power,  and intended  to be  used as  equivalent to, or as a
substitute for money.


489B.


Using as genuine, forged or counterfeit currency-notes or bank-notes.


     489B. Using  as genuine,  forged or counterfeit currency-notes or
bank-notes.--Whoever sells  to, or  buys or  receives from,  any other
person, or  otherwise traffics  in or  uses as  genuine, any forged or
counterfeit currency-note  or bank-note,  knowing or  having reason to
believe the same to be forged or counterfeit, shall be punished with 2
*[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.
----------------------------------------------------------------------
1.   Ss. 489A to 489D were ins. by Act 12 of 1899, s. 2

2.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".

3.   Subs. by Act 35 of 1950, s. 3 and Sch., II, for "489C and 489D".

210


489C.


Possession of forged or counterfeit currency-notes or bank-note.


     489C. Possession of forged or counterfeit currency-notes or bank-
notes.-Whoever  has  in  his  possession  any  forged  or  counterfeit
currency-note or  bank-note, knowing  or having  reason to believe the
same to  be forged  or counterfeit  and intending  to use  the same as
genuine or  that it  may be  used as  genuine, shall  be punished with
imprisonment of  either description  for a  term which  may extend  to
seven years, or with fine, or with both.


489D.


Making  or   possessing  instruments   or  materials  for  forging  or
counterfeiting currency notes or bank-notes.


     489D. Making  or possessing  instruments or materials for forging
or counterfeiting  currency notes  or bank-notes.--Whoever  makes,  or
performs any  part of  the process  of making,  or buys  of  sells  or
disposes of,  or has  in his  possession, any machinery, instrument of
material for the purpose of being used, or knowing or having reason to
believe that  it is intended to be used, for forging or counterfeiting
any  currency-note   or  bank-note,   shall   be   punished   with   1
*[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.]


489E.


Making or using documents resembling currency-notes or bank-notes.


     2*[489E. Making  or using documents   resembling   currency-notes
or bank-notes.--(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 one 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 two 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 that person caused the document to be made.]


CHAPTER XIX


OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE


                                  CHAPTER XIX

                OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE


490.


     490. [Preach  of contract  of service  during voyage or journey.]
Rep. by  the Workmen's  Breach of Contract (Repealing) Act, 1925 (3 of
1925), s. 2 and Sch.


491.


Breach of contract to attend on and supply wants of helpless person.


     491. Breach of contract to attend on and supply wants of helpless
person.--Whoever, being  bound by a lawful contract to attend on or to
supply the  wants of  any person  who,  by  reason  of  youth,  or  of
unsoundness of  mind, or  of a disease or bodily weakness, is helpless
or incapable  of providing  for his own safety or of supplying his own
wants, voluntarily omits so to do, shall be punished with imprisonment
of either  description for a term which may extend to three months, or
with fine which may extend to two hundred rupees, or with both.


492.


     492. [Breach  of contract  to serve  at distant  place  to  which
servant is conveyed at master's expense.] Rep. by the Workmen's Breach
of Contract (Repealing) Act, 1925 (3 of 1925), s. 2 and Sch.
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation for
     life".

2.   S. 489E was ins. by Act 6 of 1943, s. 2.

211


CHAPTER XX


OF OFFENCES RELATING TO MARRIAGE


                                  CHAPTER XX

                      OF OFFENCES RELATING TO MARRIAGE


493.


Cohabitation caused  by a  man deceitfully inducing a belief of lawful
marriage.


     493. Cohabitation  caused by  a man deceitfully inducing a belief
of lawful  marriage.--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.


494.


Marrying again during lifetime of husband or wife.


     494. Marrying again during lifetime of husband or wife.--Whoever,
having a  husband or  wife living,  marries in  any case in which such
marriage is void by reason of its taking place during the life of such
husband or  wife,  shall  be  punished  with  imprisonment  of  either
description for a term which may extend to seven years, and shall also
be liable to fine.

     Exception.-This section  does not  extend  to  any  person  whose
marriage with  such husband  or wife has been declared void by a Court
of competent jurisdiction,

     nor to  any person  who contracts a marriage during the life of a
former husband  or wife,  if such  husband or wife, at the time of the
subsequent marriage,  shall have  been continually  absent  from  such
person for  the space of seven years, and shall not have been heard of
by such  person as  being alive  within that  time provided the person
contracting such subsequent marriage shall, before such marriage takes
place, inform  the person with whom such marriage is contracted of the
real state  of facts  so far  as  the  same  are  within  his  or  her
knowledge.


495.


Same offence with concealment of former marriage from person with whom
subsequent marriage is contracted.


     495. Same offence with concealment of former marriage from person
with whom  subsequent marriage  is  contracted.--Whoever  commits  the
offence defined  in the  last preceding  section having concealed from
the person  with whom  the subsequent marriage is contracted, the fact
of the  former marriage, shall be punished with imprisonment of either
description for  a term  which may extend to ten years, and shall also
be liable to fine.


496.


Marriage ceremony fraudulently gone through without lawful marriage.


     496. Marriage  ceremony fraudulently  gone through without lawful
marriage.--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.


497.


Adultery.


     497. Adultery.--Whoever  has sexual intercourse with a person who
is and  whom he  knows or  has reason  to believe  to be  the wife  of
another man,  without the  consent or  connivance of  that  man,  such
sexual intercourse  not amounting to the offence of rape, is guilty of
the offence  of adultery,  and shall  be punished with imprisonment of
either description  for a term which may extend to five years, or with
fine, or  with both.  In such case the wife shall not be punishable as
an abettor.


498.


Enticing or  taking away  or detaining  with criminal intent a married
woman.


     498. Enticing  or taking away or detaining with criminal intent a
married woman.--Whoever  takes or  entices away  any woman  who is and
whom he  knows or  has reason  to believe  to be the wife of any other
man, from  that man,  or from  any person  having the  care of  her on
behalf of  that man, with intent that she may have illicit intercourse
with any  person, or  conceals or  detains with  that intent  any such
woman, shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.


CHAPTER XXA


OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND


                                  1*[CHAPTER XXA

                OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND


498A.


Husband or relative of husband of a woman subjecting her to cruelty.


     498A. Husband or relative of husband of a woman subjecting her to
cruelty.--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.
----------------------------------------------------------------------
1.   Chapter XXA inserted by Act 46 of 1983, s. 2.

212

     Explanation.-For the purposes of this section, "cruelty" means-

          (a) any  wilful conduct  which is  of such  a nature  as  is
     likely to  drive the  woman to  commit suicide  or to cause grave
     injury or  danger to  life, limb  or health  (whether  mental  or
     physical) of the woman; or

          (b) harassment  of the woman where such harassment is with a
     view to  coercing her  or any  person related  to her to meet any
     unlawful demand  for any  property or  valuable security or is on
     account of  failure by  her or  any person related to her to meet
     such demand.]


CHAPTER XXI


OF DEFAMATION


                                  CHAPTER XXI

                                 OF DEFAMATION


499.


Defamation.


     499. Defamation.--Whoever  by words  either spoken or intended to
be read, or by signs or by visible representations, makes or publishes
any imputation  concerning any person intending to harm, or knowing or
having  reason   to  believe  that  such  imputation  will  harm,  the
reputation of  such person,  is said,  except in the cases hereinafter
excepted, to defame that person.

     Explanation 1.-It  may amount to defamation to impute anything to
a deceased person, if the imputation would harm the reputation of that
person if living, and is intended to be hurtful to the fellings 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 lothsome
state, or in a state generally considered as disgraceful.

                            Illustrations

     (a) A  says-"Z is  an honest  man; he  never  stole  B's  watch",
intending to  cause it to be believed that Z did steal B's watch. This
is defamation, unless it fall within one of the exceptions.

     (b)  A is  asked who stole B's watch. A points to Z, intending to
cause it  to be  believed that  Z stole B's watch. This is defamation,
unless it fall within one of the exceptions.

     (c)  A draws  a  picture  of  Z  running  away  with  B's  watch,
intending  it  to  be  believed  that  Z  stole  B's  watch.  This  is
defamation, unless it fall within one of the exceptions.

     First Exception.-Imputation  of truth  which public good requires
to be  made or  published.- It  is not  defamation to  impute anything
which is true concerning any person, if it be for the public good that
the imputation  should be  made or published. Whether or not it is for
the public good is a question of fact.

213

     Second Exception.-Public  conduct of  public servants.-It  is not
defamation to  express in  good faith  any opinion whatever respecting
the conduct  of a  public servant  in  the  discharge  of  his  public
functions, or  respecting his  character,  so  far  as  his  character
appears in that conduct, and no further.

     Third  Exception.-Conduct  of  any  person  touching  any  public
question. -It  is not  defamation to express in good faith any opinion
whatever respecting  the conduct  of any  person touching  any  public
question, and  respecting his  character,  so  far  as  his  character
appears in that conduct, and no further.

                             Illustration

     It is  not defamation  in A  to express in good faith any opinion
whatever resepting  Z's conduct  in petitioning Government on a public
question, in signing a requisition for a meeting on a public question,
in presiding  or attending  at such meeting, in forming or joining any
society which  invites the public support, in voting or canvassing for
a particular candidate for any situation in the efficient discharge of
the duties of which the public is interested.

     Fourth  Exception.-Publication   of  reports  of  proceedings  of
courts- It is not defamation to publish a substantially true report of
the proceedings  of a  Court of  Justice, or of the result of any such
proceedings.

     Explanation.-A Justice  of the  Peace or other officer holding an
enquiry in open Court preliminary to a trial in a Court of Justice, is
a Court within the meaning of the above section.

     Fifth Exception.-Merits  of case  decided in  Court or conduct of
witnesses and  others concerned.  It is  not defamation  to express in
good faith  any opinion  whatever respecting  the merits  of any case,
civil or  criminal, which  has been  decided by a Court of Justice, or
respecting the  conduct of any person as a party, witness or agent, in
any such  case, or  respecting the character of such person, as far as
his character appears in that conduct, and no further.

                            Illustrations

     (a)  A   says-"I  think   Z's  evidence   on  that  trial  is  so
contradictory that  he must  be stupid or dishonest." A is within this
exception if he says this in good faith, inasmuch as the opinion which
he expresses  respects Z's character as it appears in Z's conduct as a
witness, and no farther.

     (b) But if A says-"I do not believe what Z asserted at that trial
because I know him to be a man without veracity"; A is not within this
exception, inasmuch  as the  opinion which expresses of Z's character,
is an opinion not founded on Z's conduct as a witness.

     Sixth  Exception.-Merits   of  public   performance.-It  is   not
defamation to  express in good faith any opinion respecting the merits
of any  performance which  its author has submitted to the judgment of
the public,  or respecting  the character  of the author so far as his
character appears in such performance, and no farther.

     Explanation.-A performance  may be  submitted to  the judgment of
the public  expressly or by acts on the part of the author which imply
such submission to the judgment of the public.

                            Illustrations

     (a) A  person who  publishes a  book, submits  that book  to  the
judgment of the public.

     (b) A person who makes a speech in public, submits that speech to
the judgment of the public.

     (c) An actor or singer who appears on a public stage, submits his
acting or singing to the judgment of the public.

214

     (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, inasmuch as
the opinion which he expresses of Z respects Z's character only so far
as it appears in Z's book, and no further.

     (e) But  if A  says-"I am  not surprised that Z's book is foolish
and indecent,  for he  is a weak man and a libertine." A is not within
this exception,  inasmuch as  the opinion  which he  expresses of  Z's
character is an opinion not founded on Z's book.

     Seventh Exception.-Censure  passed in good faith by person having
lawful authority over another.-It is not defamation in a person having
over another  any authority, either conferred by law or arising out of
a lawful  contract made  with that  other, to  pass in  good faith any
censure on  the conduct  of that other in matters to which such lawful
authority relates.

                             Illustration

     A Judge  censuring in  good faith the conduct of a witness, or of
an officer  of the  Court; a  head of  a department  censuring in good
faith those who are under his orders; a parent censuring in good faith
a child  in the  presence of  other children;  a  schoolmaster,  whose
authority is derived from a parent, censuring in good faith a pupil in
the presence  of other  pupils; a  master censuring  a servant in good
faith for  remissness in service; a banker censuring in good faith the
cashier of  his bank  for the conduct of such cashier as such cashier-
are within this exception.

     Eighth  Exception.-Accusation   preferred  in   good   faith   to
authorised person.-It  is  not  defamation  to prefer in good faith an
accusation against  any  person  to  any  of  those  who  have  lawful
authority over  that person  with respect  to  the  subject-matter  of
accusation.

                             Illustration

     If A  in good  faith  accuses Z before a Magistrate; if A in good
faith complains  of the conduct of Z, a servant, to Z's master;if A in
good faith  complains of the conduct of Z, a child, to Z's father-A is
within this exception.

     Ninth Exception.-Imputation  made in  good faith  by  person  for
protection of  his or  other's interests.-It is not defamation to make
an imputation on the character of another provided that the imputation
be made in good faith for the protection of the interest of the person
making it, or of any other person, or for the public good.

                            Illustrations

     (a) A,  a shopkeeper,  says to  B, who manages his business-"Sell
nothing to  Z unless he pays you ready money, for I have no opinion of
his honesty."  A  is  within  the  exception,  if  he  has  made  this
imputation on Z in good faith for the protection of his own interests.

     (b) A,  a Magistrate,  in making  a report  to his  own  superior
officer, casts  an imputation  on the  character of  Z. Here,  if  the
imputation is made in good faith, and for the public good, A is within
the exception.

     Tenth Exception.-Caution  intended for  good of  person  to  whom
conveyed or  for public  good.- It  is  not  defamation  to  convey  a
caution, in  good faith,  to one person 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.

215


500.


Punishment for defamation.


     500. Punishment for defamation.--Whoever defames another shall be
punished with  simple imprisonment  for a term which may extend to two
years, or with fine, or with both.


501.


Printing or engraving matter known to be defamatory.


     501. Printing  or engraving  matter  known  to  be  defamatory.--
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.


502.


Sale of printed or engraved substance containing defamatory matter.


     502. Sale  of printed or engraved substance containing defamatory
matter.--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.


CHAPTER XXII


OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE


                                  CHAPTER XXII

              OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE


503.


Criminal intimidation.


     503. Criminal  intimidation.--Whoever threatens  another with any
injury to  his person,  reputation or  property, or  to the  person or
reputation of  any one  in whom that person is interested, with intent
to cause  alarm to  that person, or to cause that person to do any act
which he  is not  legally bound  to do, or to omit to do any act which
that person  is legally  entitled to  do, as the means of avoiding the
execution of such threat, commits criminal intimidation.

     Explanation.-A threat  to injure  the reputation  of any deceased
person in  whom the  person threatened  is interested,  is within this
section.

                             Illustration

     A, for  the purpose  of inducing  B to  resist from prosecuting a
civil suit,  threatens to  burn B's  house. A  is guilty  of  criminal
intimidation.


504.


Intentional insult with intent to provoke breach of the peace.


     504. Intentional  insult with  intent to  provoke breach  of  the
peace.--Whoever intentionally  insults, and  thereby gives provocation
to any  person, intending  or  knowing  it  to  be  likely  that  such
provocation will cause him to break the public peace, or to commit any
other  offence,   shall  be   punished  with  imprisonment  of  either
description for a term which may extend to two years, or with fine, or
with both.


505.


Statements conducing public mischief.


     1*[505. Statements      conducing    public    mischief.--2*[(1)]
Whoever makes,  publishes  or  circulates  any  statement,  rumour  or
report,-

          (a) with  intent to  cause, or which is likely to cause, any
     officer, soldier, 3*[sailor or   airman]   in  the  Army, 4*[Navy
     or Air Force] 5*[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 tranquility; or
----------------------------------------------------------------------
1.   Subs. by Act 4 of 1898, s. 6, for the original section.

2.   Renumbered by Act 35 of 1969, s. 3.

3.   Subs. by Act 10 of 1927, s. 2 and Such. I, for "or sailor".

4.   Subs. by s. 2 and Sch. i. ibid., for "or navy".

5.   Subs. by  the A.O.  1950, for  "of Her Majesty or in the Imperial
     Service Troops".  The words  "or  in  the  Royal  Indian  Marine"
     occurring after  the word  "Majesty" were rep. by Act 35 of 1934.

216

          (c) with intent to incite, or which is likely to incite, any
     class or  community of  persons to commit any offence against any
     other class or community,

shall be  punished with  imprisonment which  may extend to 1*[three
years], or with fine, or with both.

     2*[(2) Statements creating or promoting   enmity,  hatred or ill-
will between  classes.--Whoever makes,  publishes  or  circulates  any
statement or  report containing rumour or alarming news with intent to
create or promote, or which is likely to create or promote, on grounds
of religion,  race, place  of birth,  residence,  language,  caste  or
community or  any other  ground whatsoever, 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) Offence  under sub-section (2) committed in place of worship,
etc.--Whoever commits  an offence  specified in sub-section (2) in any
place of  worship or  in any  assembly engaged  in the  performance of
religious worship  or religious  ceremonies, shall  be  punished  with
imprisonment which  may extend  to five years and shall also be liable
to fine.]

     Exception.-It does  not amount  to an offence, within the meaning
of this section, when the person making, publishing or circulating any
such statement, rumour or report, has reasonable grounds for believing
that such  statement, rumour or report is true and makes, publishes or
circulates it  2[in  good  faith  and]  without  any  such  intent  as
aforesaid.]


506.


Punishment for criminal intimidation.


     506. Punishment  for criminal  intimidation.--Whoever commits the
offence of  criminal intimidation  shall be punished with imprisonment
of either  description for  a term  which may  extend to two years, or
with fine, or with both;


If threat be to cause death or grievous hurt, etc.


     If threat  be to  cause death  or grievous hurt, etc.--and if the
threat be to cause death or grievous hurt, or to cause the destruction
of any  property by fire, or to cause an offence punishable with death
or 3*[imprisonment for life], of 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.


507.


Criminal intimidation by an anonymous communication.


     507.  Criminal  intimidation  by  an  anonymous  communication.--
Whoever commits  the offence  of criminal intimidation by an anonymous
communication, or having taken precaution to conceal the name or abode
of the  person from  whom the  threat comes,  shall be  punished  with
imprisonment of  either description for a term which may extend to two
years, in  addition to  the punishment provided for the offence by the
last preceding section.


508.


Act caused  by inducing  person to believe that he will be rendered an
object of the Divine displeasure.


     508. Act  caused by  inducing person  to believe  that he will be
rendered an  object of  the Divine  displeasure.--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.
----------------------------------------------------------------------
1.   Subs. by Act 41 of 1961, s. 4, for "two years".

2.   Ins. by Act 35 of 1969, s. 3.

3.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation".

217

                            Illustrations

     (a) A  sits  dhurna  at Z's  door with  the intention  of causing
it  to  be  believed that, by so sitting, he renders Z  an  object  of
Divine  displeasure.   A  has committed the offence  defined  in  this
section.

     (b) A  threatens Z  that, unless Z performs a certain act, A will
kill one  of A's  own children,  under  such  circumstances  that  the
killing would be believed to render Z an object of Divine displeasure.
A has committed the offence defined in this section.


509.


Word, gesture or act intended to insult the modesty of a woman.


     509. Word,  gesture or  act intended  to insult  the modesty of a
woman.--Whoever, intending  to insult the modesty of any woman, utters
any word,  makes  any  sound  or  gesture,  or  exhibits  any  object,
intending that such word or sound shall be heard, or that such gesture
or object  shall be  seen, by such woman, or intrudes upon the privacy
of such  woman, shall  be punished with simple imprisonment for a term
which may extend to one year, or with fine, or with both.


510.


Misconduct in public by a drunken person.


     510. Misconduct  in public  by a  drunken person.--Whoever,  in a
state of  intoxication, appears  in any  public place, or in any place
which it  is a trespass in him to enter, and there conducts himself in
such a  manner as  to cause annoyance to any person, shall be punished
with simple  imprisonment for  a term  which may extend to twenty-four
hours, or with fine which may extend to ten rupees, or with both.


CHAPTER XXIII


OF ATTEMPTS TO COMMIT OFFENCES


                                  CHAPTER XXIII

                        OF ATTEMPTS TO COMMIT OFFENCES


511.


Punishment  for   attempting  to   commit  offences   punishable  with
imprisonment for life or other imprisonment.


     511. Punishment for attempting to commit offences punishable with
imprisonment for  life or  other  imprisonment.--Whoever  attempts  to
commit an  offence punishable by  this  Code  with 1*[imprisonment for
life] or  imprisonment, or  to cause  such an offence to be committed,
and in  such attempt  does any  act  towards  the  commission  of  the
offence, shall,  where no  express provision  is made by this Code for
the punishment of such attempt, be  punished  with 2*[imprisonment o f
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.
----------------------------------------------------------------------
1.   Subs. by Act 26 of 1955, s. 117 and Sch., for "transportation".
2.   Subs. by s. 117 and Sch., ibid., for certain words.