The Indian Penal Code

(45 of 1860)

 

Contents

 

Sections

Details

 

 

 

Introduction

 

Preamble

 

 

Chapter I

Introduction

 

 

1

Title and extent of operation of the Code

2

Punishment of offences committed within India

3

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

4

Extension of Code to extra-territorial offences

5

Certain laws not to be affected by this Act

 

 

CHAPTER II

GENERAL EXPLANATIONS

 

 

6

Definitions in the Code to be understood subject to exceptions

7

Sense of expression once explained

8

Gender

9

Number

10

"Man", "Woman"

11

"Person"

12

 "Public"

13

Repealed

14

 "Servant of Government"

15

Repealed

16

Repealed

17

 "Government"

18

"India"

19

 "Judge"

20

"Court of Justice"

21

"Public Servant"

22

"Movable property"

23

"Wrongful gain"

 

"Wrongful loss"

 

Gaining wrongfully, losing wrongfully

24

"Dishonestly"

25

"Fraudulently"

26

"Reason to believe"

27

"Property in possession of wife, clerk or servant"

28

"Counterfeit"

29

 "Document"

30

 "Valuable security"

31

"A will"

32

Words referring to acts include illegal omissions

33

"Act", "Omission"

34

Acts done by several persons in furtherance of common intention

35

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

36

Effect caused partly by act and partly by omission

37

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

38

Persons concerned in criminal act may be guilty of different offences

39

 "Voluntarily"

40

 "Offence"

41

"Special law"

42

 "Local law"

43

 "Illegal", "Legally bound to do"

44

 "Injury"

45

"Life"

46

"Death"

47

"Animal"

48

"Vessel"

49

"Year", "Month"

50

"Section"

51

 "Oath"

52

 "Good faith"

52A

 "Harbour"

 

 

CHAPTER III

OF PUNISHMENTS

 

 

53

Punishment

53A

Construction of reference to transportation

54

Commutation of sentence of death

55

Commutation of sentence of imprisonment for life

55A

Definition of "appropriate Government"

56

Repealed

57

Fractions of terms of punishment

58

Repealed

59

Repealed

60

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

61

Repealed

62

Repealed

63

Amount of fine

64

Sentence of imprisonment for non-payment of fine

65

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

66

Description of imprisonment for non-payment of fine

67

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

68

Imprisonment to terminate on payment of fine

69

Termination of imprisonment on payment of proportional part of fine

70

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

71

Limit of punishment of offence made up of several offences

72

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

73

Solitary confinement

74

Limit of solitary confinement

75

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

 

 

CHAPTER IV

GENERAL EXCEPTIONS

 

 

76

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

77

Act of Judge when acting judicially

78

Act done pursuant to the judgment or order of Court

79

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

80

Accident in doing a lawful act

81

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

82

Act of a child under seven years of age

83

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

84

Act of a person of unsound mind

85

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

86

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

87

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

88

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

89

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

 

Provisos

90

Consent known to be given under fear or misconception

 

Consent of insane person

 

Consent of child

91

Exclusion of acts which are offences independently of harm caused

92

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

 

Provisos

93

Communication made in good faith

94

Act to which a person is compelled by threats

95

Act causing slight harm

 

 

 

Of the Right of Private Defence

 

 

96

Things done in private defence

97

Right of private defence of the body and of property

98

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

99

Acts against which there is no right of private defence

 

Extent to which the right may be exercised

100

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

101

When such right extends to causing any harm other than death

102

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

103

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

104

When such right extends to causing any harm other than death

105

Commencement and continuance of the right of private defence of property

106

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

 

 

CHAPTER V

OF ABETMENT

 

 

107

Abetment of a thing

108

Abettor

108A

Abetment in India of offences outside India

109

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

110

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

111

Liability of abettor when one act abetted and different act done

 

Proviso

112

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

113

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

114

Abettor present when offence is committed

115

Abetment of offence punishable with death or imprisonment for life—if offence not committed

 

If act causing harm be done in consequence

116

Abetment of offence punishable with imprisonment—if offence be not committed

 

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

117

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

118

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

 

If offence be committed—if offence be not committed

119

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

 

If offence be committed

 

If offence be punishable with death, etc

 

If offence be not committed

120

Concealing design to commit offence punishable with imprisonment If offence be committed—if offence be not committed

 

 

CHAPTER VA

CRIMINAL CONSPIRACY

 

 

120A

Definition of criminal conspiracy

120B

Punishment of criminal conspiracy

 

 

CHAPTER VI

OF OFFENCES AGAINST THE STATE

 

 

121

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

121A

Conspiracy to commit offences punishable by section 121

122

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

123

Concealing with intent to facilitate design to wage war

124

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

124A

Sedition

125

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

126

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

127

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

128

Public servant voluntarily allowing prisoner of State or war to escape

129

Public servant negligently suffering such prisoner to escape

130

Aiding escape of, rescuing or harbouring such prisoner

 

 

CHAPTER VII

OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE

 

 

131

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

132

Abetment of mutiny, if mutiny is committed in consequence thereof

133

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

134

Abetment of such assault, if the assault is committed

135

Abetment of desertion of soldier, sailor or airman

136

Harbouring deserter

137

Deserter concealed on board merchant vessel through negligence of master

138

Abetment of act of insubordination by soldier, sailor or airman

138A

Repealed

139

Persons subject to certain Acts

140

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

 

 

CHAPTER VIII

OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

 

 

141

Unlawful assembly

142

Being member of unlawful assembly

143

Punishment

144

Joining unlawful assembly armed with deadly weapon

145

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

146

Rioting

147

Punishment for rioting

148

Rioting, armed with deadly weapon

149

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

150

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

151

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

152

Assaulting or obstructing public servant when suppressing riot, etc

153

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

153A

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

 

Offence committed in place of worship, etc

153B

Imputations, assertions prejudicial to national-integration

154

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

155

Liability of person for whose benefit riot is committed

156

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

157

Harbouring persons hired for an unlawful assembly

158

Being hired to take part in an unlawful assembly or riot Or to go armed

159

Affray

160

Punishment for committing affray

 

 

CHAPTER IX

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

 

 

161 to 165A

Repealed

166

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

167

Public servant framing an incorrect document with intent to cause injury

168

Public servant unlawfully engaging in trade

169

Public servant unlawfully buying or bidding for property

170

Personating a public servant

171

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

 

 

CHAPTER IXA

OF OFFENCES RELATING TO ELECTIONS

 

 

171A

"Candidate", "Electoral right" defined

171B

Bribery

171C

Undue influence at elections

171D

Personation at elections

171E

Punishment for bribery

171F

Punishment for undue influence or personation at an election

171G

False statement in connection with an election

171H

Illegal payments in connection with an election

171I

Failure to keep election accounts

 

 

CHAPTER X

OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

 

 

172

Absconding to avoid service of summons or other proceeding

173

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

174

Non-attendance in obedience to an order from public servant

175

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

176

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

177

Furnishing false information

178

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

179

Refusing to answer public servant authorised to question

180

Refusing to sign statement

181

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

182

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

183

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

184

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

185

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

186

Obstructing public servant in discharge of public functions

187

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

188

Disobedience to order duly promulgated by public servant

189

Threat of injury to public servant

190

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

 

 

CHAPTER XI

Of False evidence and offences against public justice

 

 

191

Giving false evidence

192

Fabricating false evidence

193

Punishment for false evidence

194

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

 

If innocent person be thereby convicted and executed

195

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

196

Using evidence known to be false

197

Issuing or signing false certificate

198

Using as true a certificate known to be false

199

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

200

Using as true such declaration knowing it to be false

201

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

 

if a capital offence

 

if punishable with imprisonment for life

 

if punishable with less than ten years’ imprisonment

202

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

203

Giving false information respecting an offence committed

204

Destruction of document to prevent its production as evidence

205

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

206

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

207

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

208

Fraudulently suffering decree for sum not due

209

Dishonestly making false claim in Court

210

Fraudulently obtaining decree for sum not due

211

False charge of offence made with intent to injure

212

Harbouring offender

 

if a capital offence

 

if punishable with imprisonment for life, or with imprisonment

213

Taking gift, etc, to screen an offender from punishment

 

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

 

if a capital offence

 

if punishable with imprisonment for life, or with imprisonment

215

Taking gift to help to recover stolen property, etc

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

216A

Penalty for harbouring robbers or dacoits

216B

Repealed

217

Public servant disobeying direction of law 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

219

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

220

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

221

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

222

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

223

Escape from confinement or custody negligently suffered by public servant

224

Resistance or obstruction by a person to his lawful apprehension

225

Resistance or obstruction to lawful apprehension of another person

225A

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

225B

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

226

Repealed

227

Violation of condition of remission of punishment

228

Intentional insult or interruption to public servant sitting in judicial proceeding

228A

Disclosure of identity of the victim of certain offences etc

229

Personation of a juror or assessor

 

 

CHAPTER XII

OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

 

 

230

"Coin" defined Indian coin

231

Counterfeiting coin

232

Counterfeiting Indian coin

233

Making or selling instrument for counterfeiting coin

234

Making or selling instrument for counterfeiting Indian coin

235

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

236

Abetting in India the counterfeiting out of India of coin

237

Import or export of counterfeit coin

238

Import or export of counterfeits of the Indian coin

239

Delivery of coin, possessed with knowledge that it is counterfeit

240

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

241

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

242

Possession of counterfeit 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

244

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

245

Unlawfully taking coining instrument from mint

246

Fraudulently or dishonestly diminishing weight or altering composition of coin

247

Fraudulently or dishonestly diminishing weight or altering composition of Indian coin

248

Altering appearance of 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

250

Delivery of coin, possessed with knowledge that it is altered

251

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

252

Possession of 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

254

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

255

Counterfeiting Government stamp

256

Having possession of instrument or material for counterfeiting Government stamp

257

Making or selling instrument for counterfeiting Government stamp

258

Sale of counterfeit Government stamp

259

Having possession of counterfeit Government stamp

260

Using as genuine a Government stamp known to be a counterfeit

261

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

262

Using Government stamp known to have been before used

263

Erasure of mark denoting that stamp has been used

263A

Prohibition of fictitious stamps

 

 

CHAPTER XIII

OF OFFENCES RELATING TO WEIGHTS AND MEASURES

 

 

264

Fraudulent use of false instrument for weighing

265

Fraudulent use of false weight or measure

266

Being in possession of false weight or measure

267

Making or selling false weight or measure

 

 

CHAPTER XIV

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

 

 

268

Public nuisance

269

Negligent act likely to spread infection of disease dangerous to life

270

Malignant act likely to spread infection of disease dangerous to life

271

Disobedience to quarantine rule

272

Adulteration of food or drink intended for sale

273

Sale of noxious food or drink

274

Adulteration of drugs

275

Sale of adulterated drugs

276

Sale of drug as a different drug or preparation

277

Fouling water of public spring or reservoir

278

Making atmosphere noxious to health

279

Rash driving or riding on a public way

280

Rash navigation of vessel

281

Exhibition of false light, mark or buoy

282

Conveying person by water for hire in unsafe or overloaded vessel

283

Danger or obstruction in public way or line of navigation

284

Negligent conduct with respect to poisonous substance

285

Negligent conduct with respect to fire or combustible matter

286

Negligent conduct with respect to explosive substance

287

Negligent conduct with respect to machinery

288

Negligent conduct with respect to pulling down or repairing buildings

289

Negligent conduct with respect to animal

290

Punishment for public nuisance in cases not otherwise provided for

291

Continuance of nuisance after injunction to discontinue

292

Sale, etc, of obscene books, etc

292A

Printing, etc, of grossly indecent or securrilous matter or matter intended for blackmail

293

Sale, etc of obscene objects to young person

294

Obscene acts and songs

294A

Keeping lottery-office

 

 

CHAPTER XV

OF OFFENCES RELATING TO RELIGION

 

 

295

Injuring or defiling place of worship with intent to insult the religion of any class

295A

Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs

296

Disturbing religious assembly

297

Trespassing on burial places, etc

298

Uttering, words, etc, with deliberate intent to wound the religious feelings of any person

 

 

CHAPTER XVI

OF OFFENCES AFFECTING THE HUMAN BODY

 

 

 

Of Offences affecting Life

 

 

299

Culpable homicide

300

Murder When culpable homicide is not murder

301

Culpable homicide by causing death of person other than person whose death was intended

302

Punishment for murder

303

Punishment for murder by life-convict

304

Punishment for culpable homicide not amounting to murder

304A

Causing death by negligence

304B

Dowry death

305

Abetment of suicide of child or insane person

306

Abetment of suicide

307

Attempt to murder Attempts by life convicts

308

Attempt to commit culpable homicide

309

Attempt to commit suicide

310

Thug

311

Punishment

 

 

 

Of the Causing of Miscarriage, of Injuries to Unborn Children, of the Exposure of Infants, and of the Concealment of Births

 

 

312

Causing miscarriage

313

Causing miscarriage without woman’s consent

314

Death caused by act done with intent to cause miscarriage

 

If act done without woman’s consent

315

Act done with intent to prevent child being born alive or to cause it to die after birth

316

Causing death of quick unborn child by act amounting to culpable homicide

317

Exposure and abandonment of child under twelve years, by parent or person having care of it

318

Concealment of birth by secret disposal of dead body

 

 

 

Of Hurt

 

 

319

Hurt

320

Grievous hurt

321

Voluntarily causing hurt

322

Voluntarily causing grievous hurt

323

Punishment for voluntarily causing hurt

324

Voluntarily causing hurt by dangerous weapons or means

325

Punishment for voluntarily causing grievous hurt

326

Voluntarily causing grievous hurt by dangerous weapons or means

327

Voluntarily causing hurt to extort property, or to constrain to an illegal act

328

Causing hurt by means of poison, etc with intent to commit an offence

329

Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act

330

Voluntarily causing hurt to extort confession, or to compel restoration of property

331

Voluntarily causing grievous hurt to extort confession, or to compel restoration of property

332

Voluntarily causing hurt to deter public servant from his duty

333

Voluntarily causing grievous hurt to deter public servant from his duty

334

Voluntarily causing hurt on provocation

335

Voluntarily causing grievous hurt on provocation

336

Act endangering life or personal safety of others

337

Causing hurt by act endangering life or personal safety of others

338

Causing grievous hurt by act endangering life or personal safety of others

 

 

 

Of Wrongful Restraint and Wrongful Confinement

 

 

339

Wrongful restraint

340

Wrongful confinement

341

Punishment for wrongful restraint

342

Punishment for wrongful confinement

343

Wrongful confinement for three or more days

344

Wrongful confinement for ten or more days

345

Wrongful confinement of person for whose liberation writ has been issued

346

Wrongful confinement in secret

347

Wrongful confinement to extort property, or constrain to illegal act

348

Wrongful confinement to extort confession, or compel restoration of property

 

 

 

Of Criminal Force and Assault

 

 

349

Force

350

Criminal force

351

Assault

352

Punishment for assault or criminal force otherwise than on grave provocation

353

Assault or criminal force to deter public servant from discharge of his duty

354

Assault or criminal force to woman with intent to outrage her modesty

355

Assault or criminal force with intent to dishonour person, otherwise than on grave provocation

356

Assault or criminal force in attempt to commit theft of property carried by a person

357

Assault or criminal force in attempt wrongfully to confine a person

358

Assault or criminal force on grave provocation

 

 

 

Of Kidnapping, Abduction, Slavery and Forced Labour

 

 

359

Kidnapping

360

Kidnapping from India

361

Kidnapping from lawful guardianship

362

Abduction

363

Punishment for kidnapping

363A

Kidnapping or maiming a minor for purposes of begging

364

Kidnapping or abducting in order to murder

364A

Kidnapping for ransom, etc

365

Kidnapping or abducting with intent secretly and wrongfully to confine person

366

Kidnapping, abducting or inducing woman to compel her marriage, etc

366A

Procuration of minor girl

366B

Importation of girl from foreign country

367

Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc

368

Wrongfully concealing or keeping in confinement, kidnapped or abducted person

369

Kidnapping or abducting child under ten years with intent to steal from its person

370

Buying or disposing of any person as a slave

371

Habitual dealing in slaves

372

Selling minor for purposes of prostitution, etc

373

Buying minor for purposes of prostitution, etc

374

Unlawful compulsory labour

 

 

 

Sexual Offences

 

 

375

Rape

376

Punishment for rape

376A

Intercourse by a man with his wife during separation

376B

Intercourse by public servant with woman in his custody

376C

Intercourse by superintendent of jail, remand home, etc

376D

Intercourse by any member of the management or staff of a hospital with any woman in that hospital

 

 

 

Of Unnatural Offences

 

 

377

Unnatural offences

 

 

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

 

 

 

Of Theft

 

 

378

Theft

379

Punishment for theft

380

Theft in dwelling house, etc

381

Theft by clerk or servant of property in possession of master

382

Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft

 

 

 

Of Extortion

 

 

383

Extortion

384

Punishment for extortion

385

Putting person in fear of injury in order to commit extortion

386

Extortion by putting a person in fear of death or grievous hurt to

387

Putting person in fear of death or of grievous hurt, in order to commit extortion

388

Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc

389

Putting person in fear of accusation of offence, in order to commit extortion

 

 

 

Of Robbery and Dacoity

 

 

390

Robbery

 

When theft is robbery

 

When extortion is robbery

391

Dacoity

392

Punishment for robbery

393

Attempt to commit robbery

394

Voluntarily causing hurt in committing robbery

395

Punishment for dacoity

396

Dacoity with murder

397

Robbery, or dacoity, with attempt to cause death or grievous hurt

398

Attempt to commit robbery or dacoity when armed with deadly weapon

399

Making preparation to commit dacoity

400

Punishment for belonging to gang of dacoits

401

Punishment for belonging to gang of thieves

402

Assembling for purpose of committing dacoity

 

 

 

Of Criminal Misappropriation of Property

 

 

403

Dishonest misappropriation of property

404

Dishonest misappropriation of property possessed by deceased person at the time of his death

 

 

 

Of Criminal Breach of Trust

 

 

405

Criminal breach of trust

406

Punishment for criminal breach of trust

407

Criminal breach of trust by carrier, etc

408

Criminal breach of trust by clerk or servant

409

Criminal breach of trust by public servant, or by banker, merchant or agent

 

 

 

Of the Receiving of Stolen Property

 

 

410

Stolen Property

411

Dishonestly receiving stolen property

412

Dishonestly receiving property stolen in the commission of a dacoity

413

Habitually dealing in stolen property

414

Assisting in concealment of stolen property

 

 

 

Of Cheating

 

 

415

Cheating

416

Cheating by personation

417

Punishment for cheating

418

Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect

419

Punishment for cheating by personation

420

Cheating and dishonestly inducing delivery of property

 

 

 

Of Fraudulent Deeds and Disposition of Property

 

 

421

Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors

422

Dishonestly or fraudulently preventing debt being available for creditors

423

Dishonest or fraudulent execution of deed of transfer containing false statement of consideration

424

Dishonest or fraudulent removal or concealment of property

 

 

 

Of Mischief

 

 

425

Mischief

426

Punishment for mischief

427

Mischief causing damage to the amount of fifty rupees

428

Mischief by killing or maiming animal of the value of ten rupees

429

Mischief by killing or maiming cattle, etc, of any value or any animal of the value of fifty rupees

430

Mischief by injury to works of irrigation or by wrongfully diverting water

431

Mischief by injury to public road, bridge, river or channel

432

Mischief by causing inundation or obstruction to public drainage attended with damage

433

Mischief by destroying, moving or rendering less useful a light-house or sea-mark

434

Mischief by destroying or moving, etc, a land-mark fixed by public authority

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

436

Mischief by fire or explosive substance with intent to destroy house, etc

437

Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden

438

Punishment for the mischief described in section 437 committed by fire or explosive substance

439

Punishment for intentionally running vessel agground or ashore with intent to commit theft, etc

440

Mischief committed after preparation made for causing death or hurt

 

 

 

Of Criminal Trespass

 

 

441

Criminal trespass

442

House trespass

443

Lurking house-trespass

444

Lurking house-trespass by night

445

House breaking

446

House-breaking by night

447

Punishment for criminal trespass

448

Punishment for house-trespass

449

House-trespass in order to commit offence punishable with death

450

House-trespass in order to commit offence punishable with imprisonment for life

451

House-trespass in order to commit offence punishable with imprisonment

452

House-trespass after preparation for hurt, assault or wrongful restraint

453

Punishment for lurking house-trespass or house-breaking

454

Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment

455

Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint

456

Punishment for lurking house-trespass or house-breaking by night

457

Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment

458

Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint

459

Grievous hurt caused whilst committing lurking house-trespass or house-breaking

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

461

Dishonestly breaking open receptacle containing property

462

Punishment for same offence when committed by person entrusted with custody

 

 

CHAPTER XVIII

OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS

 

 

463

Forgery

464

Making a false document

465

Punishment for forgery

466

Forgery of record of court or of public register, etc

468

Forgery for purpose of cheating

469

Forgery for purpose of harming reputation

470

Forged document

471

Using as genuine a forged document

472

Making or possessing counterfeit seal, etc, with intent to commit forgery punishable under section 467

473

Making or possessing counterfeit seal, etc, with intent to commit forgery punishable otherwise

474

Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it as genuine

475

Counterfeiting device or mark used for authenticating documents 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

477

Fraudulent cancellation, destruction, etc of will, authority to adopt, or valuable security

477A

Falsification of accounts

 

 

 

Of Property and Other Marks

 

 

478

Repealed

479

Property mark

480

Repealed

481

Using a false property mark

482

Punishment for using a false property mark

483

Counterfeiting a property mark used by another

484

Counterfeiting a mark used by a public servant

485

Marking or possession of any instrument for counterfeiting a property mark

486

Selling goods marked with a counterfeit property mark

487

Making a false mark upon any receptacle containing goods

488

Punishment for making use of any such false mark

489

Tampering with property mark with intent to cause injury

 

 

 

Of Currency-Notes and Bank-Notes

 

 

489A

Counterfeiting currency-notes or bank-notes

489B

Using as genuine, forged or counterfeit currency-notes or bank-notes

489C

Possession of forged or counterfeit currency-notes or bank-notes

489D

Making or possessing instruments or materials for forging or counterfeiting currency-notes or bank-notes

489E

Making or using documents resembling currency-notes or bank-notes

 

 

CHAPTER XIX

OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE

 

 

490

Repealed

491

Breach of contract to attend on and supply wants of helpless person

492

Repealed

 

 

CHAPTER XX

OF OFFENCES RELATING TO MARRIAGE

 

 

493

Cohabitation caused by a man deceitfully inducing a belief of lawful marriage 176

494

Marrying again during lifetime of husband or wife

495

Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

496

Marriage ceremony fraudulently gone through without lawful marriage

497

Adultery

498

Enticing or taking away or detaining with criminal intent a married woman

 

 

CHAPTER XXA

OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND

 

 

498A

Husband or relative of husband of a woman subjecting her to cruelty

 

 

CHAPTER XXI

OF DEFAMATION

 

 

499

Defamation Imputation of truth which public good requires to be made or published

 

Public conduct of public servants

 

Conduct of any person touching any public question

 

Publication of reports of proceedings of Courts

 

Merits of case decided in Court or conduct of witnesses and others concerned

 

Merits of public performance

 

Censure passed in good faith by person having lawful authority over another

G

Accusation preferred in good faith to authorised person

H

Imputation made in good faith by person for protection of his or other’s interests

i

Caution intended for good of person to whom conveyed or for public good

500

Punishment for defamation

501

Printing or engraving matter known to be defamatory

502

Sale of printed or engraved substance containing defamatory matter

 

 

CHAPTER XXII

OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

 

 

503

Criminal intimidation

504

Intentional insult with intent to provoke breach of the peace

505

Statements conducing to public mischief

 

Statements creating or promoting enmity, hatred or ill-will between classes

 

Offence under sub-section (2) committed in place of worship, etc

506

Punishment for criminal intimidation

 

If threat be to cause death or grievous hurt, etc

507

Criminal intimidation by an anonymous communication

508

Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure

509

Word, gesture or act intended to insult the modesty of a woman

510

Misconduct in public by a drunken person

 

 

CHAPTER XXIII

OF ATTEMPTS TO COMMIT OFFENCES

 

 

511

Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

 

 

 

The Indian Penal Code

 

Introduction

 

In the uncivilized society no person was said to be safe from attacks to his person or property by any other person. The person attacked either succumbed or over-powered his opponent. A tooth for a tooth, an eye for an eye, a life for a life was the rule of law. With the advancement of time, the injured person agreed to accept compensation, instead of killing his adversary. For a long time the function of settling the terms remained with the parties themselves, but gradually this function came to be performed by the State.

 

In India the criminal jurisprudence came into existence from the time of Manu. Manu has recognized assault, theft, robbery, false evidence, slander, criminal breach of trust, cheating, adultery and rape. The king protected his subjects and the subjects in return owed him allegiance and paid him revenue. The king administered justice himself, if unable due to certain circumstances, the matter was entrusted to a judge. If a criminal was fined, the fine went to the king’s treasury and was not given as compensation to the injured party.

 

Different laws came into existence in the reins of different rulers. When the Britishers came into India they adopted a different set of law which was based on British pattern, but it was not uniform throughout India. Different regulations were passed prescribing practice and procedure to be followed. In 1834 the first Indian Law Commission was constituted to investigate into the jurisdiction, powers and rules of the existing courts as well as police establishments and into the laws in operation in British India. The Indian Penal Code was drafted by the first Indian Law Commission under the presidentship of Macaulay and was submitted to the Governor-General of India in Council in 1837. It was circulated to the Judges and law advisors of the Crown. In 1845, another Commission was appointed to review the Code. This Commission submitted its report in two parts, one in 1846 and the other in 1847. The Code was revised according to the report of the Commission but it never saw the light of the day. Subsequently, it was revised by two Law Members of the Governor-General of India in Council and was presented to the Legislative Council in 1856.

 

Act 45 of 1860

 

The Indian Penal Code Bill was passed by the Legislative Council and it received the assent of the Governor-General on 6th October, 1860. It came on the Statute Book as THE INDIAN PENAL CODE (45 of 1860).

 

 

List of Amending Acts and Adaptation Orders

 

1. The Repealing Act, 1870 (14 of 1870).

 

2. The Indian Penal Code Amendment Act, 1870 (27 of 1870).

 

3. The Indian Penal Code Amendment Act, 1872 (19 of 1872).

 

4. The Indian Oaths Act, 1873 (10 of 1873).

 

5. The Indian Penal Code Amendment Act, 1882 (8 of 1882).

 

6. The Code of Criminal Procedure, 1882 (10 of 1882).

 

7. The Indian Criminal Law Amendment Act, 1886 (10 of 1886).

 

8. The Indian Marine Act, 1887 (14 of 1887).

 

9. The Metal Tokens Act, 1889 (1 of 1889).

 

10. The Indian Merchandise Marks Act, 1889 (4 of 1889).

 

11. The Cantonments Act, 1889 (13 of 1889).

 

12. The Indian Railways Act, 1890 (9 of 1890).

 

13. The Indian Criminal Law Amendment Act, 1891 (10 of 1891).

 

14. The Amending Act, 1891 (12 of 1891).

 

15. The Indian Criminal Law Amendment Act, 1894 (3 of 1894).

 

16. The Indian Criminal Law Amendment Act, 1895 (3 of 1895).

 

17. The Indian Penal Code Amendment Act, 1896 (6 of 1896).

 

18. The Indian Penal Code Amendment Act, 1898 (4 of 1898).

 

19. The Currency-Notes Forgery Act, 1899 (12 of 1899).

 

20. The Indian Penal Code Amendment Act, 1910 (3 of 1910).

 

21. The Indian Criminal Law Amendment Act, 1913 (8 of 1913).

 

22. The Indian Elections Offences and Inquiries Act, 1920 (39 of 1920).

 

23. The Indian Penal Code (Amendment) Act, 1921 (16 of 1921).

 

24. The Indian Penal Code (Amendment) Act, 1923 (20 of 1923).

 

25. The Indian Penal Code (Amendment) Act, 1924 (5 of 1924).

 

26. The Indian Criminal Law Amendment Act, 1924 (18 of 1924).

 

27. The Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925).

 

28. The Obscene Publications Act, 1925 (8 of 1925).

 

29. The Indian Penal Code (Amendment) Act, 1925 (29 of 1925).

 

30. The Repealing and Amending Act, 1927 (10 of 1927).

 

31. The Criminal Law Amendment Act, 1927 (25 of 1927).

 

32. The Repealing and Amending Act, 1930 (8 of 1930).

 

33. The Indian Air Force Act, 1932 (14 of 1932).

 

34. The Amending Act, 1934 (35 of 1934).

 

35. The Government of India (Adaptation of Indian Laws) Order, 1937.

 

36. The Criminal Law Amendment Act, 1939 (22 of 1939).

 

37. The Offences on Ships and Aircrafts Act, 1940 (4 of 1940).

 

38. The Indian Merchandise Marks (Amendment) Act, 1941 (2 of 1941).

 

39. The Indian Penal Code (Amendment) Act, 1942 (8 of 1942).

 

40. The Indian Penal Code (Amendment) Act, 1943 (6 of 1943).

 

41. The Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948.

 

42. The Criminal Law (Removal of Racial Discriminations) Act, 1949 (17 of 1949).

 

43. The Indian Penal Code and the Code of Criminal Procedure (Amendment) Act, 1949 (42 of 1949).

 

44. The Adaptation of Laws Order, 1950.

45. The Repealing and Amending Act, 1950 (35 of 1950).

 

46. The Part B States (Laws) Act, 1951 (3 of 1951).

 

47. The Criminal Law Amendment Act, 1952 (46 of 1952).

 

48. The Repealing and Amending Act, 1952 (48 of 1952).

 

49. The Repealing and Amending Act, 1953 (42 of 1953).

 

50. The Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955).

 

51. The Adaptation of Laws (No.2) Order, 1956.

 

52. The Repealing and Amending Act, 1957 (36 of 1957).

 

53. The Criminal Law Amendment Act, 1958 (2 of 1958).

 

54. The Trade and Merchandise Marks Act, 1958 (43 of 1958).

 

55. The Indian Penal Code (Amendment) Act, 1959 (52 of 1959).

 

56. The Indian Penal Code (Amendment) Act, 1961 (41 of 1961).

 

57. The Anti-Corruption Laws (Amendment) Act, 1964 (40 of 1964).

 

58. The Criminal and Election Laws Amendment Act, 1969 (35 of 1969).

 

59. The Indian Penal Code (Amendment) Act, 1969 (36 of 1969).

 

60. The Criminal Law (Amendment) Act, 1972 (31 of 1972).

 

61. The Employees’ Provident Funds and Family Pension Fund (Amendment) Act, 1973 (40 of 1973).

 

62. The Employees’ State Insurance (Amendment) Act, 1975 (38 of 1975).

 

63. The Election Laws (Amendment) Act, 1975 (40 of 1975).

 

64. The Criminal Law (Amendment) Act, 1983 (43 of 1983).

 

65. The Criminal Law (Second Amendment) Act, 1983 ( 46 of 1983).

 

66. The Dowry Prohibition (Amendment) Act, 1986 (43 of 1986).

 

67. The Employees’ Provident Funds and Miscellaneous Provisions (Amendment) Act, 1988 (33 of 1988).

 

68. The Prevention of Corruption Act, 1988 (49 of 1988).

 

69. The Criminal Law (Amendment) Act, 1993 (42 of 1993).

 

70. The Indian Penal Code (Amendment) Act, 1995 (24 of 1995).

 

 

 

THE INDIAN PENAL CODE

(45 OF 1860)1

6th October, 1860

Preamble —

 

Whereas it is expedient to provide a general Penal Code for India; It is enacted as follows: —

 

 

CHAPTER I - INTRODUCTION

 

 

1. Title and extent of operation of the Code —

 

This Act shall be called the Indian Penal Code, and shall extend to the whole of India except the State of Jammu and Kashmir.

 

 

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 India.

 

 

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

 

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

 

 

4. Extension of Code to extra-territorial offences —

 

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

 

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

 

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

 

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

Illustration

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

 

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 provisions of any special or local law.

 

 

CHAPTER II - GENERAL EXPLANATIONS

 

 

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 these 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 is done by a child under seven years of age.

 

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

 

 

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 —

 

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

 

 

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" —

 

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

 

 

11. "Person"—

 

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

 

 

12. "Public" —

 

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

 

 

13. "Queen" —

 

Rep. by the A.O. 1950.

 

 

14. "Servant of Government" —

 

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

 

 

15. "British India" —

 

Rep. by the A.O. 1937.

 

 

16. "Government of India" —

 

Rep. by the A.O. 1937.

 

 

17. "Government" —

 

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

 

 

18. "India" —

 

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

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 is 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 Regulation VII, 1816, of the Madras Code, to try and determine suits, is a Judge.

 

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

 

20. "Court of Justice" —

 

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

 

Illustration

 

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

 

21. "Public Servant" —

 

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

 

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

 

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

 

Fourth — Every officer of a Court of Justice (including a liquidator, receiver or commissioner) whose duty it is as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially 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 the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

 

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

 

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;

 

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;

 

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.

 

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.

 

STATE AMENDMENT

 

State of Rajasthan:

 

In section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860), in its application to the State of Rajasthan, after clause twelfth, the following new clause shall be added, namely: —

 

"Thirteenth Every person employed or engaged by any public body in the conduct and supervision of any examination recognised or approved under any law.

 

Explanation The expression ‘Public Body’ includes—

 

(a) a University, Board of Education or other body, either established by or under a Central or State Act or under the provisions of the Constitution of India or constituted by the Government; and

 

(b) a local authority."

Vide Rajasthan Act, 1993 4 of 1993, sec.2 (w.e.f. 11-2-1993).

 

 

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" —

 

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

 

"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 —

 

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" —

 

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" —

 

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

 

 

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 —

 

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" —

 

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

 

Explanation 1 — It is not essential to counterfeiting that the imitation should be exact.

 

Explanation 2 — When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised.

 

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.

 

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" —

 

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 where by any person acknowledges that he lies under legal liability, or has not a certain legal right.

 

Illustration

 

A writes his name on the back of a bill of exchange. As the effect of this endorsement is transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a "valuable security".

 

COMMENTS

 

The certificates which are found as forged for being admitted in the college could be described as valuable security; Kansaheb Kalu Patil v. State of Maharashtra, AIR 1981 SC 80: 1980 Cr LJ 1312.

31. "A will" —

 

The words "a will" denote any testamentary document.

 

 

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" —

 

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

 

 

34. Acts done by several persons in furtherance 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.

 

COMMENTS

 

(i) When an offence is sought to be proved only on circumstantial evidence, the allegations of common intention under section 34 of the Indian Penal Code normally cannot be established in absence of meeting of mind, the overt act of the accused, by their conduct, by using the weapons by their utterance of words; Santosh Desai v. State of Goa, (1997) 2 Crimes 666 (Bom).

 

(ii) If some act is done by the accused person in furtherance of common intention of his co-accused, he is equally liable like his co-accused; State of Punjab v. Fauja Singh, (1997) 3 Crimes 170 (P & H).

 

(iii) In order to convict a person vicariously liable under section 34 or section 149 it is not necessary to prove that each and everyone of them had indulged in overts acts; Ram Blias Singh v. State of Bihar, (1989) Cr LJ 1782 : AIR 1989 SC 1593.

 

(iv) When the accused rushed with sword drawn itself showed that he shared the common intention hence liable for conviction under section 300, read with section 34; Abdulla Kunhi v. The State of Kerala, (1990) SC Cr 525.

 

(v) Both sections 149 and 34 deal with a combination of persons who become liable to be punished as sharers in the commission of offences. The non-applicability of section is, therefore, no bar in convicting the accused under substantive section read with section 34 if the evidence discloses commission of an offence in furtherance of the common intention of them all; Nethala Pothuraju v. State of Andhra Pradesh, (1991) Cr LJ 3133 (SC).

(vi) Mere surrender by appellant alongwith accused before police does not show meeting of minds as to bring the case within ambit of section 34; Rangaswami v. State of Tamil Nadu, (1989) Cr LJ 875: AIR 1989 SC 1137.

 

(vii) In order to bring a case under section 34 it is not necessary that there must be a prior conspiracy or pre-meditation, the common intention can be formed in the course of occurrence; Hari Om v. State of Uttar Pradesh, 1993(1) Crimes 294 (SC).

 

 

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 —

 

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

 

Illustration

 

A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.

 

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 of 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 dies of hunger. Both A and B are guilty of the murder of Z.

 

(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 —

 

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" —

 

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" —

 

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

 

In Chapter IV, Chapter VA and in the following sections, namely, sections 64, 65, 66, 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 words "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" —

 

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

 

 

42. "Local law" —

 

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

 

 

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" —

 

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

 

 

45. "Life" —

 

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

 

 

46. "Death" —

 

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

 

 

47. "Animal" —

 

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

 

 

48. "Vessel" —

 

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

 

 

 

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" —

 

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

 

 

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" —

 

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

 

 

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 or 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

 

53. Punishment —

 

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

 

First — Death;

Secondly — Imprisonment for life;

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

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

(2) Simple;

Fifthly — Forfeiture of property;

Sixthly — Fine.

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, 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 —

 

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

 

 

55. Commutation of sentence of imprisonment for life —

 

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

 

 

55A. Definition of "appropriate Government" —

 

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

 

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

(b) in 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.