Bharatiya Nyaya Sanhita, 2023, Bare Act

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THE BHARATIYA NYAYA SANHITA, 2023
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, commencement and application.
2. Definitions.
3. General explanations.
CHAPTER II
OF PUNISHMENTS
4. Punishments.
5. Commutation of sentence.
6. Fractions of terms of punishment.
7. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.
8. Amount of fine, liability in default of payment of fine, etc.
9. Limit of punishment of offence made up of several offences.
10. Punishment of person guilty of one of several offences, judgment stating that it is doubtful of
which.
11. Solitary confinement.
12. Limit of solitary confinement.
13. Enhanced punishment for certain offences after previous conviction.
CHAPTER III
GENERAL EXCEPTIONS
14. Act done by a person bound, or by mistake of fact believing himself bound, by law.
15. Act of Judge when acting judicially.
16. Act done pursuant to judgment or order of Court.
17. Act done by a person justified, or by mistake of fact believing himself justified, by law.
18. Accident in doing a lawful act.
19. Act likely to cause harm, but done without criminal intent, and to prevent other harm.
20. Act of a child under seven years of age.
21. Act of a child above seven and under twelve years of age of immature understanding.
22. Act of a person of unsound mind.
23. Act of a person incapable of judgment by reason of intoxication caused against his will.
24. Offence requiring a particular intent or knowledge committed by one who is intoxicated.
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25. Act not intended and not known to be likely to cause death or grievous hurt, done by consent.
26. Act not intended to cause death, done by consent in good faith for person’s benefit.
27. Act done in good faith for benefit of child or person of unsound mind, by, or by consent of
guardian.
28. Consent known to be given under fear or misconception.
29. Exclusion of acts which are offences independently of harm caused.
30. Act done in good faith for benefit of a person without consent.
31. Communication made in good faith.
32. Act to which a person is compelled by threats.
33. Act causing slight harm.
Of right of private defence
34. Things done in private defence.
35. Right of private defence of body and of property.
36. Right of private defence against act of a person of unsound mind, etc.
37. Acts against which there is no right of private defence.
38. When right of private defence of body extends to causing death.
39. When such right extends to causing any harm other than death.
40. Commencement and continuance of right of private defence of body.
41. When right of private defence of property extends to causing death.
42. When such right extends to causing any harm other than death.
43. Commencement and continuance of right of private defence of property.
44. Right of private defence against deadly assault when there is risk of harm to innocent person.
CHAPTER IV
OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT
of abetment
45. Abetment of a thing.
46. Abettor.
47. Abetment in India of offences outside India.
48. Abetment outside India for offence in India.
49. Punishment of abetment if act abetted is committed in consequence and where no express
provision is made for its punishment.
50. Punishment of abetment if person abetted does act with different intention from that of
abettor.
51. Liability of abettor when one act abetted and different act done.
52. Abettor when liable to cumulative punishment for act abetted and for act done.
53. Liability of abettor for an effect caused by act abetted different from that intended by abettor.
54. Abettor present when offence is committed.
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55. Abetment of offence punishable with death or imprisonment for life.
56. Abetment of offence punishable with imprisonment.
57. Abetting commission of offence by public or by more than ten persons.
58. Concealing design to commit offence punishable with death or imprisonment for life.
59. Public servant concealing design to commit offence which it is his duty to prevent.
60. Concealing design to commit offence punishable with imprisonment.
Of criminal conspiracy
61. Criminal conspiracy.
Of attempt
62. Punishment for attempting to commit offences punishable with imprisonment for life or other
imprisonment.
CHAPTER V
OF OFFENCES AGAINST WOMAN AND CHILD
Of sexual offences
63. Rape.
64. Punishment for rape.
65. Punishment for rape in certain cases.
66. Punishment for causing death or resulting in persistent vegetative state of victim.
67. Sexual intercourse by husband upon his wife during separation.
68. Sexual intercourse by a person in authority.
69. Sexual intercourse by employing deceitful means, etc.
70. Gang rape.
71. Punishment for repeat offenders.
72. Disclosure of identity of victim of certain offences, etc.
73. Printing or publishing any matter relating to Court proceedings without permission.
Of criminal force and assault against woman
74. Assault or use of criminal force to woman with intent to outrage her modesty.
75. Sexual harassment.
76. Assault or use of criminal force to woman with intent to disrobe.
77. Voyeurism.
78. Stalking.
79. Word, gesture or act intended to insult modesty of a woman.
Of offences relating to marriage
80. Dowry death.
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81. Cohabitation caused by man deceitfully inducing belief of lawful marriage.
82. Marrying again during lifetime of husband or wife.
83. Marriage ceremony fraudulently gone through without lawful marriage.
84. Enticing or taking away or detaining with criminal intent a married woman.
85. Husband or relative of husband of a woman subjecting her to cruelty.
86. Cruelty defined.
87. Kidnapping, abducting or inducing woman to compel her marriage, etc.
Of causing miscarriage, etc.
88. Causing miscarriage.
89. Causing miscarriage without woman’s consent.
90. Death caused by act done with intent to cause miscarriage.
91. Act done with intent to prevent child being born alive or to cause to die after birth.
92. Causing death of quick unborn child by act amounting to culpable homicide.
Of offences against child
93. Exposure and abandonment of child under twelve years of age, by parent or person having
care of it.
94. Concealment of birth by secret disposal of dead body.
95. Hiring, employing or engaging a child to commit an offence.
96. Procuration of child.
97. Kidnapping or abducting child under ten years of age with intent to steal from its person.
98. Selling child for purposes of prostitution, etc.
99. Buying child for purposes of prostitution, etc.
CHAPTER VI
OF OFFENCES AFFECTING THE HUMAN BODY
Of offences affecting life
100. Culpable homicide.
101. Murder.
102. Culpable homicide by causing death of person other than person whose death was intended.
103. Punishment for murder.
104. Punishment for murder by life-convict.
105. Punishment for culpable homicide not amounting to murder.
106. Causing death by negligence.
107. Abetment of suicide of child or person of unsound mind.
108. Abetment of suicide.
109. Attempt to murder.
110. Attempt to commit culpable homicide.
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111. Organised crime.
112. Petty organised crime.
113. Terrorist act.
Of hurt
114. Hurt.
115. Voluntarily causing hurt.
116. Grievous hurt.
117. Voluntarily causing grievous hurt.
118. Voluntarily causing hurt or grievous hurt by dangerous weapons or means.
119. Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act.
120. Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of
property.
121. Voluntarily causing hurt or grievous hurt to deter public servant from his duty.
122. Voluntarily causing hurt or grievous hurt on provocation.
123. Causing hurt by means of poison, etc., with intent to commit an offence.
124. Voluntarily causing grievous hurt by use of acid, etc.
125. Act endangering life or personal safety of others.
Of wrongful restraint and wrongful confinement
126. Wrongful restraint.
127. Wrongful confinement.
Of criminal force and assault
128. Force.
129. Criminal force.
130. Assault.
131. Punishment for assault or criminal force otherwise than on grave provocation.
132. Assault or criminal force to deter public servant from discharge of his duty.
133. Assault or criminal force with intent to dishonour person, otherwise than on grave
provocation.
134. Assault or criminal force in attempt to commit theft of property carried by a person.
135. Assault or criminal force in attempt to wrongfully confine a person.
136. Assault or criminal force on grave provocation.
Of kidnapping, abduction, slavery and forced labour
137. Kidnapping.
138. Abduction.
139. Kidnapping or maiming a child for purposes of begging.
140. Kidnapping or abducting in order to murder or for ransom, etc.
141. Importation of girl or boy from foreign country.
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142. Wrongfully concealing or keeping in confinement, kidnapped or abducted person.
143. Trafficking of person.
144. Exploitation of a trafficked person.
145. Habitual dealing in slaves.
146. Unlawful compulsory labour.
CHAPTER VII
OF OFFENCES AGAINST THE STATE
147. Waging, or attempting to wage war, or abetting waging of war, against Government of
India.
148. Conspiracy to commit offences punishable by section 147.
149. Collecting arms, etc., with intention of waging war against Government of India.
150. Concealing with intent to facilitate design to wage war.
151. Assaulting President, Governor, etc., with intent to compel or restrain exercise of any lawful
power.
152. Act endangering sovereignty, unity and integrity of India.
153. Waging war against Government of any foreign State at peace with Government of India.
154. Committing depredation on territories of foreign State at peace with Government of India.
155. Receiving property taken by war or depredation mentioned in sections 153 and 154.
156. Public servant voluntarily allowing prisoner of State or war to escape.
157. Public servant negligently suffering such prisoner to escape.
158. Aiding escape of, rescuing or harbouring such prisoner.
CHAPTER VIII
OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
159. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.
160. Abetment of mutiny, if mutiny is committed in consequence thereof.
161. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of
his office.
162. Abetment of such assault, if assault committed.
163. Abetment of desertion of soldier, sailor or airman.
164. Harbouring deserter.
165. Deserter concealed on board merchant vessel through negligence of master.
166. Abetment of act of insubordination by soldier, sailor or airman.
167. Persons subject to certain Acts.
168. Wearing garb or carrying token used by soldier, sailor or airman.
CHAPTER IX
OF OFFENCES RELATING TO ELECTIONS
169. Candidate, electoral right defined.
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170. Bribery.
171. Undue influence at elections.
172. Personation at elections.
173. Punishment for bribery.
174. Punishment for undue influence or personation at an election.
175. False statement in connection with an election.
176. Illegal payments in connection with an election.
177. Failure to keep election accounts.
CHAPTER X
OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS
178. Counterfeiting coin, Government stamps, currency-notes or bank-notes.
179. Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or
bank-notes.
180. Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes.
181. Making or possessing instruments or materials for forging or counterfeiting coin,
Government stamp, currency-notes or bank-notes.
182. Making or using documents resembling currency-notes or bank-notes.
183. Effacing writing from substance bearing Government stamp, or removing from document a
stamp used for it, with intent to cause loss to Government.
184. Using Government stamp known to have been before used.
185. Erasure of mark denoting that stamp has been used.
186. Prohibition of fictitious stamps.
187. Person employed in mint causing coin to be of different weight or composition from that
fixed by law.
188. Unlawfully taking coining instrument from mint.
CHAPTER XI
OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
189. Unlawful assembly.
190. Every member of unlawful assembly guilty of offence committed in prosecution of common
object.
191. Rioting.
192. Wantonly giving provocation with intent to cause riot-if rioting be committed; if not
committed.
193. Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place.
194. Affray.
195. Assaulting or obstructing public servant when suppressing riot, etc.
196. Promoting enmity between different groups on grounds of religion, race, place of birth,
residence, language, etc., and doing acts prejudicial to maintenance of harmony.
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197. Imputations, assertions prejudicial to national integration.
CHAPTER XII
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
198. Public servant disobeying law, with intent to cause injury to any person.
199. Public servant disobeying direction under law.
200. Punishment for non-treatment of victim.
201. Public servant framing an incorrect document with intent to cause injury.
202. Public servant unlawfully engaging in trade.
203. Public servant unlawfully buying or bidding for property.
204. Personating a public servant.
205. Wearing garb or carrying token used by public servant with fraudulent intent.
CHAPTER XIII
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
206. Absconding to avoid service of summons or other proceeding.
207. Preventing service of summons or other proceeding, or preventing publication thereof.
208. Non-attendance in obedience to an order from public servant.
209. Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik
Suraksha Sanhita, 2023.
210. Omission to produce document or electronic record to public servant by person legally
bound to produce it.
211. Omission to give notice or information to public servant by person legally bound to give it.
212. Furnishing false information.
213. Refusing oath or affirmation when duly required by public servant to make it.
214. Refusing to answer public servant authorised to question.
215. Refusing to sign statement.
216. False statement on oath or affirmation to public servant or person authorised to administer
an oath or affirmation.
217. False information, with intent to cause public servant to use his lawful power to injury of
another person.
218. Resistance to taking of property by lawful authority of a public servant.
219. Obstructing sale of property offered for sale by authority of public servant.
220. Illegal purchase or bid for property offered for sale by authority of public servant.
221. Obstructing public servant in discharge of public functions.
222. Omission to assist public servant when bound by law to give assistance.
223. Disobedience to order duly promulgated by public servant.
224. Threat of injury to public servant.
225. Threat of injury to induce person to refrain from applying for protection to public servant.
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226. Attempt to commit suicide to compel or restrain exercise of lawful power.
CHAPTER XIV
OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
227. Giving false evidence.
228. Fabricating false evidence.
229. Punishment for false evidence.
230. Giving or fabricating false evidence with intent to procure conviction of capital offence.
231. Giving or fabricating false evidence with intent to procure conviction of offence punishable
with imprisonment for life or imprisonment.
232. Threatening any person to give false evidence.
233. Using evidence known to be false.
234. Issuing or signing false certificate.
235. Using as true a certificate known to be false.
236. False statement made in declaration which is by law receivable as evidence.
237. Using as true such declaration knowing it to be false.
238. Causing disappearance of evidence of offence, or giving false information to screen
offender.
239. Intentional omission to give information of offence by person bound to inform.
240. Giving false information respecting an offence committed.
241. Destruction of document or electronic record to prevent its production as evidence.
242. False personation for purpose of act or proceeding in suit or prosecution.
243. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in
execution.
244. Fraudulent claim to property to prevent its seizure as forfeited or in execution.
245. Fraudulently suffering decree for sum not due.
246. Dishonestly making false claim in Court.
247. Fraudulently obtaining decree for sum not due.
248. False charge of offence made with intent to injure.
249. Harbouring offender.
250. Taking gift, etc., to screen an offender from punishment.
251. Offering gift or restoration of property in consideration of screening offender.
252. Taking gift to help to recover stolen property, etc.
253. Harbouring offender who has escaped from custody or whose apprehension has been
ordered.
254. Penalty for harbouring robbers or dacoits.
255. Public servant disobeying direction of law with intent to save person from punishment or
property from forfeiture.
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256. Public servant framing incorrect record or writing with intent to save person from
punishment or property from forfeiture.
257. Public servant in judicial proceeding corruptly making report, etc., contrary to law.
258. Commitment for trial or confinement by person having authority who knows that he is
acting contrary to law.
259. Intentional omission to apprehend on part of public servant bound to apprehend.
260. Intentional omission to apprehend on part of public servant bound to apprehend person
under sentence or lawfully committed.
261. Escape from confinement or custody negligently suffered by public servant.
262. Resistance or obstruction by a person to his lawful apprehension.
263. Resistance or obstruction to lawful apprehension of another person.
264. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not
otherwise provided for.
265. Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise
provided for.
266. Violation of condition of remission of punishment.
267. Intentional insult or interruption to public servant sitting in judicial proceeding.
268. Personation of assessor.
269. Failure by person released on bail bond or bond to appear in Court.
CHAPTER XV
OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE,
DECENCY AND MORALS
270. Public nuisance.
271. Negligent act likely to spread infection of disease dangerous to life.
272. Malignant act likely to spread infection of disease dangerous to life.
273. Disobedience to quarantine rule.
274. Adulteration of food or drink intended for sale.
275. Sale of noxious food or drink.
276. Adulteration of drugs.
277. Sale of adulterated drugs.
278. Sale of drug as a different drug or preparation.
279. Fouling water of public spring or reservoir.
280. Making atmosphere noxious to health.
281. Rash driving or riding on a public way.
282. Rash navigation of vessel.
283. Exhibition of false light, mark or buoy.
284. Conveying person by water for hire in unsafe or overloaded vessel.
285. Danger or obstruction in public way or line of navigation.
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286. Negligent conduct with respect to poisonous substance.
287. Negligent conduct with respect to fire or combustible matter.
288. Negligent conduct with respect to explosive substance.
289. Negligent conduct with respect to machinery.
290. Negligent conduct with respect to pulling down, repairing or constructing buildings, etc.
291. Negligent conduct with respect to animal.
292. Punishment for public nuisance in cases not otherwise provided for.
293. Continuance of nuisance after injunction to discontinue.
294. Sale, etc., of obscene books, etc.
295. Sale, etc., of obscene objects to child.
296. Obscene acts and songs.
297. Keeping lottery office.
CHAPTER XVI
OF OFFENCES RELATING TO RELIGION
298. Injuring or defiling place of worship with intent to insult religion of any class.
299. Deliberate and malicious acts, intended to outrage religious feelings of any class by
insulting its religion or religious beliefs.
300. Disturbing religious assembly.
301. Trespassing on burial places, etc.
302. Uttering words, etc., with deliberate intent to wound religious feelings of any person.
CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
Of theft
303. Theft.
304. Snatching.
305. Theft in a dwelling house, or means of transportation or place of worship, etc.
306. Theft by clerk or servant of property in possession of master.
307. Theft after preparation made for causing death, hurt or restraint in order to committing of
theft.
Of extortion
308. Extortion.
Of robbery and dacoity
309. Robbery.
310. Dacoity.
311. Robbery, or dacoity, with attempt to cause death or grievous hurt.
312. Attempt to commit robbery or dacoity when armed with deadly weapon.
313. Punishment for belonging to gang of robbers, etc.
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Of criminal misappropriation of property
SECTIONS
314. Dishonest misappropriation of property.
315. Dishonest misappropriation of property possessed by deceased person at the time of his
death.
Of criminal breach of trust
316. Criminal breach of trust.
Of receiving stolen property
317. Stolen property.
Of cheating
318. Cheating.
319. Cheating by personation.
Of fraudulent deeds and dispositions of property
320. Dishonest or fraudulent removal or concealment of property to prevent distribution among
creditors.
321. Dishonestly or fraudulently preventing debt being available for creditors.
322. Dishonest or fraudulent execution of deed of transfer containing false statement of
consideration.
323. Dishonest or fraudulent removal or concealment of property.
Of mischief
324. Mischief.
325. Mischief by killing or maiming animal.
326. Mischief by injury, inundation, fire or explosive substance, etc.
327. Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of
twenty tons burden.
328. Punishment for intentionally running vessel aground or ashore with intent to commit theft,
etc.
Of criminal trespass
329. Criminal trespass and house-trespass.
330. House-trespass and hous-ebreaking.
331. Punishment for house-trespass or house-breaking.
332. House-trespass in order to commit offence.
333. House-trespass after preparation for hurt, assault or wrongful restraint.
334. Dishonestly breaking open receptacle containing property.
CHAPTER XVIII
OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS
335. Making a false document.
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336. Forgery.
337. Forgery of record of Court or of public register, etc.
338. Forgery of valuable security, will, etc.
339. Having possession of document described in section 337 or section 338, knowing it to be
forged and intending to use it as genuine.
340. Forged document or electronic record and using it as genuine.
341. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under
section 338.
342. Counterfeiting device or mark used for authenticating documents described in section 338,
or possessing counterfeit marked material.
343. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.
344. Falsification of accounts.
Of property marks
345. Property mark.
346. Tampering with property mark with intent to cause injury.
347. Counterfeiting a property mark.
348. Making or possession of any instrument for counterfeiting a property mark.
349. Selling goods marked with a counterfeit property mark.
350. Making a false mark upon any receptacle containing goods.
CHAPTER XIX
OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.
351. Criminal intimidation.
352. Intentional insult with intent to provoke breach of peace.
353. Statements conducing to public mischief.
354. Act caused by inducing person to believe that he will be rendered an object of Divine
displeasure.
355. Misconduct in public by a drunken person.
Of defamation
356. Defamation.
Of breach of contract to attend on and supply wants of helpless person
357. Breach of contract to attend on and supply wants of helpless person.
CHAPTER XX
REPEAL AND SAVINGS
358. Repeal and savings.
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THE BHARATIYA NYAYA SANHITA, 2023
ACT NO. 45 OF 2023
[25th December, 2023.]
An Act to consolidate and amend the provisions relating to offences and for matters connected therewith
or incidental thereto.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:––
CHAPTER I
PRELIMINARY
1. Short title, commencement and application.––(1) This Act may be called the Bharatiya Nyaya
Sanhita, 2023.
(2) It shall come into force on such date1
as the Central Government may, by notification in the
Official Gazette, appoint, and different dates may be appointed for different provisions of this Sanhita.
(3) Every person shall be liable to punishment under this Sanhita and not otherwise for every act or
omission contrary to the provisions thereof, of which he shall be guilty within India.
(4) Any person liable, by any law for the time being in force in India, to be tried for an offence
committed beyond India shall be dealt with according to the provisions of this Sanhita for any act
committed beyond India in the same manner as if such act had been committed within India.
(5) The provisions of this Sanhita shall also apply to any offence committed by—
(a) any citizen of India in any place without and beyond India;
(b) any person on any ship or aircraft registered in India wherever it may be;
(c) any person in any place without and beyond India committing offence targeting a computer
resource located in India.
Explanation.—In this section, the word “offence” includes every act committed outside India which,
if committed in India, would be punishable under this Sanhita.
Illustration.
A, who is a citizen of India, commits a murder in any place without and beyond India.
He can be tried and convicted of murder in any place in India in which he may be found.
(6) Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny and desertion
of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any
special or local law.
2. Definitions. –– In this Sanhita, unless the context otherwise requires,––
(1) “act” denotes as well a series of acts as a single act;
(2) “animal” means any living creature, other than a human being;
(3) “child” means any person below the age of eighteen years;
(4) “counterfeit”.––A person is said to “counterfeit” who causes one thing to resemble another
thing, intending by means of that resemblance to practise deception, or knowing it to be likely that
deception will thereby be practised.

1. 1st July, 2024, except the provision of sub-section (2) of section 106, vide notification No. S.O. 850(E), dated, 23rd day of
February, 2024, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
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Explanation 1.—It is not essential to counterfeiting that the imitation should be exact.
Explanation 2.—When a person causes one thing to resemble another thing, and the resemblance
is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved,
that the person so causing the one thing to resemble the other thing intended by means of that
resemblance to practise deception or knew it to be likely that deception would thereby be practised;
(5) “Court” means a Judge who is empowered by law to act judicially alone, or a body of Judges
which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting
judicially;
(6) “death” means the death of a human being unless the contrary appears from the context;
(7) “dishonestly” means doing anything with the intention of causing wrongful gain to one
person or wrongful loss to another person;
(8) “document” means any matter expressed or described upon any substance by means of letters,
figures or marks, or by more than one of those means, and includes electronic and digital record,
intended to be used, or which may be used, as evidence of that matter.
Explanation 1.—It is immaterial by what means or upon what substance the letters, figures or
marks are formed, or whether the evidence is intended for, or may be used in a Court or not.
(a) A writing expressing the terms of a contract, which may be used as evidence of the contract,
is a document.
(b) A cheque upon a banker is a document.
(c) A power-of-attorney is a document.
(d) A map or plan which is intended to be used or which may be used as evidence, is a document.
(e) A writing containing directions or instructions is a document.
Explanation 2.—Whatever is expressed by means of letters, figures or marks as explained by
mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within
the meaning of this section, although the same may not be actually expressed.
Illustration.
A writes his name on the back of a bill of exchange payable to his order. The meaning of the
endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The
endorsement is a document, and shall be construed in the same manner as if the words “pay to the
holder” or words to that effect had been written over the signature;
(9) “fraudulently” means doing anything with the intention to defraud but not otherwise;
(10) “gender”.—The pronoun “he” and its derivatives are used of any person, whether male,
female or transgender.
Explanation.–– “transgender” shall have the meaning assigned to it in clause (k) of section 2 of
the Transgender Persons (Protection of Rights) Act, 2019 (40 of 2019);
(11) “good faith”.—Nothing is said to be done or believed in “good faith” which is done or
believed without due care and attention;
(12) “Government” means the Central Government or a State Government;
(13) “harbour” includes supplying a person with shelter, food, drink, money, clothes, arms,
ammunition or means of conveyance, or the assisting a person by any means, whether of the same
kind as those enumerated in this clause or not, to evade apprehension;
(14) “injury” means any harm whatever illegally caused to any person, in body, mind, reputation
or property;
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(15) “illegal” and “legally bound to do”.—The word “illegal” is applicable to everything which is
an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is
said to be “legally bound to do” whatever it is illegal in him to omit;
(16) “Judge” means a person who is officially designated as a Judge and includes a person,––
(i) who is empowered by law to give, in any legal proceeding, civil or criminal, a
definitive judgment, or a judgment which, if not appealed against, would be definitive, or a
judgment which, if confirmed by some other authority, would be definitive; or
(ii) who is one of a body or persons, which body of persons is empowered by law to give
such a judgment.
Illustration.
A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to
fine or imprisonment, with or without appeal, is a Judge;
(17) “life” means the life of a human being, unless the contrary appears from the context;
(18) “local law” means a law applicable only to a particular part of India;
(19) “man” means male human being of any age;
(20) “month” and “year”.––Wherever the word “month” or the word “year” is used, it is to be
understood that the month or the year is to be reckoned according to the Gregorian calendar;
(21) “movable property” includes property of every description, except land and things attached
to the earth or permanently fastened to anything which is attached to the earth;
(22) “number”.—Unless the contrary appears from the context, words importing the singular
number include the plural number, and words importing the plural number include the singular
number;
(23) “oath” includes a solemn affirmation substituted by law for an oath, and any declaration
required or authorised by law to be made before a public servant or to be used for the purpose of
proof, whether in a Court or not;
(24) “offence”.—Except in the Chapters and sections mentioned in sub-clauses (a) and (b), the
word “offence” means a thing made punishable by this Sanhita, but––
(a) in Chapter III and in the following sections, namely, sub-sections (2), (3), (4) and (5) of
section 8, sections 9, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61, 119, 120, 123, sub-sections (7) and
(8) of section 127, 222, 230, 231, 240, 248, 250, 251, 259, 260, 261, 262, 263, sub-sections (6)
and (7) of section 308 and sub-section (2) of section 330, the word “offence” means a thing
punishable under this Sanhita, or under any special law or local law; and
(b) in sub-section (1) of section 189, sections 211, 212, 238, 239, 249, 253 and
sub-section (1) of section 329, the word “offence” shall have the same meaning when the act
punishable under the special law or local law is punishable under such law with imprisonment for
a term of six months or more, whether with or without fine;
(25) “omission” denotes as well as a series of omissions as a single omission;
(26) “person” includes any company or association or body of persons, whether incorporated or
not;
(27) “public” includes any class of the public or any community;
(28) “public servant” means a person falling under any of the descriptions, namely:—
(a) every commissioned officer in the Army, Navy or Air Force;
(b) every Judge including any person empowered by law to discharge, whether by
himself or as a member of any body of persons, any adjudicatory functions;
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(c) every officer of a Court including a liquidator, receiver or commissioner whose duty
it is, as such officer, to investigate or report on any matter of law or fact, or to make,
authenticate, or keep any document, or to take charge or dispose of any property, or to
execute any judicial process, or to administer any oath, or to interpret, or to preserve order in
the Court, and every person specially authorised by a Court to perform any of such duties;
(d) every assessor or member of a panchayat assisting a Court or public servant;
(e) every arbitrator or other person to whom any cause or matter has been referred for
decision or report by any Court, or by any other competent public authority;
(f) every person who holds any office by virtue of which he is empowered to place or
keep any person in confinement;
(g) every officer of the Government whose duty it is, as such officer, to prevent offences,
to give information of offences, to bring offenders to justice, or to protect the public health,
safety or convenience;
(h) every officer whose duty it is, as such officer, to take, receive, keep or expend any
property on behalf of the Government, or to make any survey, assessment or contract on
behalf of the Government, or to execute any revenue-process, or to investigate, or to report,
on any matter affecting the pecuniary interests of the Government, or to make, authenticate
or keep any document relating to the pecuniary interests of the Government, or to prevent the
infraction of any law for the protection of the pecuniary interests of the Government;
(i) every officer whose duty it is, as such officer, to take, receive, keep or expend any
property, to make any survey or assessment or to levy any rate or tax for any secular common
purpose of any village, town or district, or to make, authenticate or keep any document for
the ascertaining of the rights of the people of any village, town or district;
(j) every person who holds any office by virtue of which he is empowered to prepare,
publish, maintain or revise an electoral roll or to conduct an election or part of an election;
(k) every person—
(i) in the service or pay of the Government or remunerated by fees or commission for
the performance of any public duty by the Government;
(ii) in the service or pay of a local authority as defined in clause (31) of section 3 of
the General Clauses Act, 1897 (10 of 1897), a corporation established by or under a
Central or State Act or a Government company as defined in clause (45) of section 2 of
the Companies Act, 2013 (18 of 2013).
Explanation.—
(a) persons falling under any of the descriptions made in this clause are public servants,
whether appointed by the Government or not;
(b) every person who is in actual possession of the situation of a public servant, whatever
legal defect there may be in his right to hold that situation is a public servant;
(c) “election” means 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 for the time being in force.
Illustration.
A Municipal Commissioner is a public servant;
(29) “reason to believe”.—A person is said to have “reason to believe” a thing, if he has
sufficient cause to believe that thing but not otherwise;
(30) “special law” means a law applicable to a particular subject;
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(31) “valuable security” means a document which is, or purports to be, a document whereby any
legal right is created, extended, transferred, restricted, extinguished or released, or whereby any
person acknowledges that he lies under legal liability, or has not a certain legal right.
Illustration.
A writes his name on the back of a bill of exchange. As the effect of this endorsement is to
transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is
a “valuable security”;
(32) “vessel” means anything made for the conveyance by water of human beings or of property;
(33) “voluntarily”.—A person is said to cause an effect “voluntarily” when he causes it by means
whereby he intended to cause it, or by means which, at the time of employing those means, he knew
or had reason to believe to be likely to cause it.
Illustration.
A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a
robbery and thus causes the death of a person. Here, A may not have intended to cause death; and
may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause
death, he has caused death voluntarily;
(34) “will” means any testamentary document;
(35) “woman” means a female human being of any age;
(36) “wrongful gain” means gain by unlawful means of property to which the person gaining is
not legally entitled;
(37) “wrongful loss” means the loss by unlawful means of property to which the person losing it
is legally entitled;
(38) “gaining wrongfully” and “losing wrongfully”.—A person is said to gain wrongfully when
such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to
lose wrongfully when such person is wrongfully kept out of any property, as well as when such
person is wrongfully deprived of property; and
(39) words and expressions used but not defined in this Sanhita but defined in the Information
Technology Act, 2000 (21 of 2000) and the Bharatiya Nagarik Suraksha Sanhita, 2023 shall have the
meanings respectively assigned to them in that Act and Sanhita.
3. General explanations.—(1) Throughout this Sanhita every definition of an offence, every penal
provision, and every Illustration of every such definition or penal provision, shall be understood subject
to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not
repeated in such definition, penal provision, or Illustration.
Illustrations.
(a) The sections in this Sanhita, which contain definitions of offences, do not express that a child
under seven years of age cannot commit such offences; but the definitions are to be understood subject to
the general exception which provides that nothing shall be an offence which is done by a child under
seven years of age.
(b) A, a police officer, without warrant, apprehends Z, who has committed murder. Here A is not
guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and therefore the
case falls within the general exception which provides that “nothing is an offence which is done by a
person who is bound by law to do it”.
(2) Every expression which is explained in any Part of this Sanhita, is used in every Part of this
Sanhita in conformity with the explanation.
(3) When property is in the possession of a person’s spouse, clerk or servant, on account of that
person, it is in that person’s possession within the meaning of this Sanhita.
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Explanation.—A person employed temporarily or on a particular occasion in the capacity of a clerk
or servant, is a clerk or servant within the meaning of this sub-section.
(4) In every Part of this Sanhita, except where a contrary intention appears from the context, words
which refer to acts done extend also to illegal omissions.
(5) When a criminal act is done by several persons in furtherance of the common intention of all,
each of such persons is liable for that act in the same manner as if it were done by him alone.
(6) Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or
intention, is done by several persons, each of such persons who joins in the act with such knowledge or
intention is liable for the act in the same manner as if the act were done by him alone with that knowledge
or intention.
(7) Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an
omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by
an omission is the same offence.
Illustration.
A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z.
A has committed murder.
(8) When an offence is committed by means of several acts, whoever intentionally cooperates in the
commission of that offence by doing any one of those acts, either singly or jointly with any other person,
commits that offence.
Illustrations.
(a) A and B agree to murder Z by severally and at different times giving him small doses of poison.
A and B administer the poison according to the agreement with intent to murder Z. Z dies from the
effects the several doses of poison so administered to him. Here A and B intentionally cooperate in the
commission of murder and as each of them does an act by which the death is caused, they are both guilty
of the offence though their acts are separate.
(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours
at a time. A and B, intending to cause Z’s death, knowingly cooperate in causing that effect by illegally
omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose.
Z dies of hunger. Both A and B are guilty of the murder of Z.
(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
cooperation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s
death. Z dies of hunger. B is guilty of murder, but, as A did not cooperate with B. A is guilty only of an
attempt to commit murder.
(9) Where several persons are engaged or concerned in the commission of a criminal act, they may be
guilty of different offences by means of that act.
Illustration.
A attacks Z under such circumstances of grave provocation that his killing of Z would be only
culpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him, and
not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged
in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide.
CHAPTER II
OF PUNISHMENTS
4. Punishments. —The punishments to which offenders are liable under the provisions of this
Sanhita are—
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(a) Death;
(b) Imprisonment for life;
(c) Imprisonment, which is of two descriptions, namely:—
(1) Rigorous, that is, with hard labour;
(2) Simple;
(d) Forfeiture of property;
(e) Fine;
(f) Community Service.
5. Commutation of sentence.—The appropriate Government may, without the consent of the
offender, commute any punishment under this Sanhita to any other punishment in accordance
with section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Explanation.—For the purposes of this section the expression “appropriate Government” means, —
(a) in cases where the sentence is a sentence of death or is for an offence against any law relating
to a matter to which the executive power of the Union extends, the Central Government; and
(b) in cases where the sentence (whether of death or not) is for an offence against any law
relating to a matter to which the executive power of the State extends, the Government of the State
within which the offender is sentenced.
6. Fractions of terms of punishment.—In calculating fractions of terms of punishment,
imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years unless otherwise
provided.
7. 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.
8. Amount of fine, liability in default of payment of fine, etc.—(1) Where no sum is expressed to
which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be
excessive.
(2) In every case of an offence—
(a) punishable with imprisonment as well as fine, in which the offender is sentenced to a fine,
whether with or without imprisonment;
(b) punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to
a fine,
it shall be competent to the Court which sentences such offender to direct by the sentence that, in default
of payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment
shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be
liable under a commutation of a sentence.
(3) The term for which the Court directs the offender to be imprisoned in default of payment of a fine
shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if
the offence be punishable with imprisonment as well as fine.
(4) The imprisonment which the Court imposes in default of payment of a fine or in default of
community service may be of any description to which the offender might have been sentenced for the
offence.
(5) If the offence is punishable with fine or community service, the imprisonment which the Court
imposes in default of payment of the fine or in default of community service shall be simple, and the term
for which the Court directs the offender to be imprisoned, in default of payment of fine or in default of
community service, shall not exceed,—
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(a) two months when the amount of the fine does not exceed five thousand rupees;
(b) four months when the amount of the fine does not exceed ten thousand rupees; and
(c) one year in any other case.
(6) (a) The imprisonment which is imposed in default of payment of a fine shall terminate whenever
that fine is either paid or levied by process of law;
(b) If, before the expiration of the term of imprisonment fixed in default of payment, such a
proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is
not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.
Illustration.
A is sentenced to a fine of one thousand rupees and to four months’ imprisonment in default of
payment. Here, if seven hundred and fifty rupees of the fine be paid or levied before the expiration of one
month of the imprisonment, A will be discharged as soon as the first month has expired. If seven hundred
and fifty rupees be paid or levied at the time of the expiration of the first month, or at any later time while
A continues in imprisonment, A will be immediately discharged. If five hundred rupees of the fine be
paid or levied before the expiration of two months of the imprisonment, A will be discharged as soon as
the two months are completed. If five hundred rupees be paid or levied at the time of the expiration of
those two months, or at any later time while A continues in imprisonment, A will be immediately
discharged.
(7) The fine, or any part thereof which remains unpaid, may be levied at any time within six years
after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a
longer period than six years, then at any time previous to the expiration of that period; and the death of
the offender does not discharge from the liability any property which would, after his death, be legally
liable for his debts.
9. Limit of punishment of offence made up of several offences.—(1) Where anything which is an
offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished
with the punishment of more than one of such his offences, unless it be so expressly provided.
(2) Where—
(a) anything is an offence falling within two or more separate definitions of any law in force for
the time being by which offences are defined or punished; or
(b) several acts, of which one or more than one would by itself or themselves constitute an
offence, constitute, when combined, a different offence,
the offender shall not be punished with a more severe punishment than the Court which tries him could
award for any one of such offences.
Illustrations.
(a) A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily
causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating.
If A were liable to punishment for every blow, he might be imprisoned for fifty years, one for each blow.
But he is liable only to one punishment for the whole beating.
(b) But, if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given to
Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for
voluntarily causing hurt to Z, and to another for the blow given to Y.
10. Punishment of person guilty of one of several offences, 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.
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11. Solitary confinement.—Whenever any person is convicted of an offence for which under this
Sanhita the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence,
order that the offender shall be kept in solitary confinement for any portion or portions of the
imprisonment to which he is sentenced, not exceeding three months in the whole, according to the
following scale, namely: —
(a) a time not exceeding one month if the term of imprisonment shall not exceed six months;
(b) a time not exceeding two months if the term of imprisonment shall exceed six months and
shall not exceed one year;
(c) a time not exceeding three months if the term of imprisonment shall exceed one year.
12. 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.
13. Enhanced punishment for certain offences after previous conviction.—Whoever, having been
convicted by a Court in India, of an offence punishable under Chapter X or Chapter XVII of this Sanhita
with imprisonment of either description for a term of three years or upwards, shall be guilty of any
offence punishable under either of those Chapters with like imprisonment for the like term, shall be
subject for every such subsequent offence to imprisonment for life, or to imprisonment of either
description for a term which may extend to ten years.
CHAPTER III
GENERAL EXCEPTIONS
14. 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, being ordered by that Court to arrest Y, and, after due enquiry,
believing Z to be Y, arrests Z. A has committed no offence.
15. 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.
16. Act done pursuant to judgment or order of Court.—Nothing which is done in pursuance of, or
which is warranted by the judgment or order of, a Court; if done whilst such judgment or order remains in
force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or
order, provided the person doing the act in good faith believes that the Court had such jurisdiction.
17. 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.
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Illustration.
A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment
exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the
fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it
may turn out that Z was acting in self-defence.
18. 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.
19. 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 vessel, suddenly and without any fault or negligence on his part, finds himself
in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty
or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his
course, he must incur risk of running down a boat C with only two passengers on board, which he may
possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith
for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence,
though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be
found as a matter of fact that the danger which he intended to avoid was such as to excuse him in
incurring the risk of running down the boat C.
(b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does
this with the intention in good faith of saving human life or property. Here, if it be found that the harm to
be prevented was of such a nature and so imminent as to excuse A’s act, A is not guilty of the offence.
20. Act of a child under seven years of age.—Nothing is an offence which is done by a child under
seven years of age.
21. Act of a child above seven and under twelve years of age of immature understanding.—
Nothing is an offence which is done by a child above seven years of age and under twelve years of age,
who has not attained sufficient maturity of understanding to judge of the nature and consequences of his
conduct on that occasion.
22. 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.
23. 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.
24. 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
24
as he would have had if he had not been intoxicated, unless the thing which intoxicated him was
administered to him without his knowledge or against his will.
25. 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.
26. Act not intended to cause death, done by consent in good faith for person’s benefit.—
Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or
be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose
benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that
harm, or to take the risk of that harm.
Illustration.
A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under
the painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit,
performs that operation on Z, with Z’s consent. A has committed no offence.
27. Act done in good faith for benefit of child or person of unsound mind, 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
person of unsound mind, by, or by consent, either express or implied, of the guardian or other person
having lawful charge of that person, is an offence by reason of any harm which it may cause, or be
intended by the doer to cause or be known by the doer to be likely to cause to that person:
Provided that this exception shall not extend to—
(a) the intentional causing of death, or to the attempting to cause death;
(b) the doing of anything which the person doing it knows to be likely to cause death, for any
purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or
infirmity;
(c) 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;
(d) the abetment of any offence, to the committing of which offence it would not extend.
Illustration.
A, in good faith, for his child’s benefit without his child’s consent, has his child cut for the stone by a
surgeon knowing it to be likely that the operation will cause the child’s death, but not intending to cause
the child’s death. A is within the exception, in as much as his object was the cure of the child.
28. Consent known to be given under fear or misconception.—A consent is not such a consent as
is intended by any section of this Sanhita,—
(a) if the consent is given by a person under fear of injury, or under a misconception of fact, and
if the person doing the act knows, or has reason to believe, that the consent was given in consequence
of such fear or misconception; or
(b) if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable
to understand the nature and consequence of that to which he gives his consent; or
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(c) unless the contrary appears from the context, if the consent is given by a person who is under
twelve years of age.
29. Exclusion of acts which are offences independently of harm caused.—The exceptions in
sections 25, 26 and 27 do not extend to acts which are offences independently of any harm which they
may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or
on whose behalf the consent is given.
Illustration.
Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is
an offence independently of any harm which it may cause or be intended to cause to the woman.
Therefore, it is not an offence “by reason of such harm”; and the consent of the woman or of her guardian
to the causing of such miscarriage does not justify the act.
30. Act done in good faith for benefit of a person without consent.—Nothing is an offence by
reason of any harm which it may cause to a person for whose benefit it is done in good faith, even
without that person’s consent, if the circumstances are such that it is impossible for that person to signify
consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful
charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit:
Provided that this exception shall not extend to—
(a) the intentional causing of death, or the attempting to cause death;
(b) the doing of anything which the person doing it knows to be likely to cause death, for any
purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or
infirmity;
(c) the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than
the preventing of death or hurt;
(d) the abetment of any offence, to the committing of which offence it would not extend.
Illustrations.
(1) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned.
A, not intending Z’s death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his
power of judging for himself. A has committed no offence.
(2) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but
not intending to kill Z, and in good faith intending Z’s benefit. A’s bullet gives Z a mortal wound. A has
committed no offence.
(3) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be
immediately performed. There is no time to apply to the child’s guardian. A performs the operation in
spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no
offence.
(4) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the
child from the house top, knowing it to be likely that the fall may kill the child, but not intending to kill
the child, and intending, in good faith, the child’s benefit. Here, even if the child is killed by the fall, A
has committed no offence.
Explanation.—Mere pecuniary benefit is not benefit within the meaning of sections 26, 27 and this
section.
31. 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.
26
Illustration.
A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient
dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the
communication might cause the patient’s death.
32. 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, reasonably cause the apprehension that instant death to that person
will otherwise be the consequence:
Provided that the person doing the act did not of his own accord, or from a reasonable apprehension
of harm to himself short of instant death, place himself in the situation by which he became subject to
such constraint.
Explanation 1.—A person who, of his own accord, or by reason of a threat of being beaten, joins a
gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of
his having been compelled by his associates to do anything that is an offence by law.
Explanation 2.—A person seized by a gang of dacoits, and forced, by threat of instant death, to do a
thing which is an offence by law; for example, a smith compelled to take his tools and to force the door
of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.
33. 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 right of private defence
34. Things done in private defence.—Nothing is an offence which is done in the exercise of the
right of private defence.
35. Right of private defence of body and of property.—Every person has a right, subject to the
restrictions contained in section 37, to defend—
(a) his own body, and the body of any other person, against any offence affecting the human
body;
(b) the property, whether movable or immovable, of himself or of any other person, against any
act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or
which is an attempt to commit theft, robbery, mischief or criminal trespass.
36. Right of private defence against 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, a person of unsound mind, attempts to kill A; Z is guilty of no offence. But A has the same
right of private defence which he would have if Z were sane.
(b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a
house-breaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A
has the same right of private defence against Z, which he would have if Z were not acting under that
misconception.
37. Acts against which there is no right of private defence.—(1) There is no right of private
defence, —
(a) against an act which does not reasonably cause the apprehension of death or of grievous hurt,
if done, or attempted to be done, by a public servant acting in good faith under colour of his office,
though that act, may not be strictly justifiable by law;
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(b) against an act which does not reasonably cause the apprehension of death or of grievous hurt,
if done, or attempted to be done, by the direction of a public servant acting in good faith under colour
of his office, though that direction may not be strictly justifiable by law;
(c) in cases in which there is time to have recourse to the protection of the public authorities.
(2) The right of private defence in no case extends to the inflicting of more harm than it is necessary
to inflict for the purpose of defence.
Explanation 1.—A person is not deprived of the right of private defence against an act done, or
attempted to be done, by a public servant, as such, unless he knows or has reason to believe, that the
person doing the act is such public servant.
Explanation 2.—A person is not deprived of the right of private defence against an act done, or
attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that
the person doing the act is acting by such direction, or unless such person states the authority under which
he acts, or if he has authority in writing, unless he produces such authority, if demanded.
38. When right of private defence of body extends to causing death.—The right of private
defence of the body extends, under the restrictions specified in section 37, to the voluntary causing of
death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of
any of the descriptions hereinafter enumerated, namely:—
(a) such an assault as may reasonably cause the apprehension that death will otherwise be the
consequence of such assault;
(b) such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be
the consequence of such assault;
(c) an assault with the intention of committing rape;
(d) an assault with the intention of gratifying unnatural lust;
(e) an assault with the intention of kidnapping or abducting;
(f) an assault with the intention of wrongfully confining a person, under circumstances which
may reasonably cause him to apprehend that he will be unable to have recourse to the public
authorities for his release;
(g) an act of throwing or administering acid or an attempt to throw or administer acid which may
reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act.
39. When such right extends to causing any harm other than death.—If the offence be not of any
of the descriptions specified in section 38, the right of private defence of the body does not extend to the
voluntary causing of death to the assailant, but does extend, under the restrictions specified in section 37,
to the voluntary causing to the assailant of any harm other than death.
40. Commencement and continuance of right of private defence of 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.
41. When right of private defence of property extends to causing death.—The right of private
defence of property extends, under the restrictions specified in section 37, to the voluntary causing of
death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting
to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter
enumerated, namely: —
(a) robbery;
(b) house-breaking after sunset and before sunrise;
(c) mischief by fire or any explosive substance 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;

(d) theft, mischief, or house-trespass, under such circumstances as may reasonably cause
apprehension that death or grievous hurt will be the consequence, if such right of private defence is
not exercised.
42. When such right extends 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 specified in section 41, that
right does not extend to the voluntary causing of death, but does extend, subject to the restrictions
specified in section 37, to the voluntary causing to the wrong-doer of any harm other than death.
43. Commencement and continuance of right of private defence of property.—The right of
private defence of property,—
(a) commences when a reasonable apprehension of danger to the property commences;
(b) against theft continues till the offender has effected his retreat with the property or either the
assistance of the public authorities is obtained, or the property has been recovered;
(c) 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;
(d) against criminal trespass or mischief continues as long as the offender continues in the
commission of criminal trespass or mischief;
(e) against house-breaking after sunset and before sunrise continues as long as the house-trespass
which has been begun by such house-breaking continues.
44. 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 IV
OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT
of abetment
45. Abetment of a thing.—A person abets the doing of a thing, who—
(a) instigates any person to do that thing; or
(b) engages with one or more other person or persons in any conspiracy for the doing of that
thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the
doing of that thing; or
(c) 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 authorised by a warrant from a Court to apprehend Z. B, knowing that fact and
also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend
C. Here B abets by instigation the apprehension of C.

Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in
order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid
the doing of that act.
46. 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 person of unsound mind to commit an act which
would be an offence, if committed by a person capable by law of committing an offence, and having the
same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence.
(b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act
which causes Z’s death. B, in consequence of the abetment, does the act in the absence of A and thereby
causes Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be
punished in the same manner as if B had been capable by law of committing an offence, and had
committed murder, and he is therefore subject to the punishment of death.
(c) A instigates B to set fire to a dwelling-house. B, in consequence of his unsoundness of mind,
being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets
fire to the house in consequence of A’s instigation. B has committed no offence, but A is guilty of
abetting the offence of setting fire to a dwelling-house, and is liable to the punishment provided for that
offence.
(d) A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of
Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s
possession, in good faith, believing it to be A’s property. B, acting under this misconception, does not
take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the
same punishment as if B had committed theft.
Explanation 4.—The abetment of an offence being an offence, the abetment of such an abetment is
also an offence.
Illustration.
A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that
offence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment
for murder; and, as A instigated B to commit the offence, A is also liable to the same punishment.
Explanation 5.—It is not necessary to the commission of the offence of abetment by conspiracy that
the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the
conspiracy in pursuance of which the offence is committed.
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Illustration.
A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then
explains the plan to C mentioning that a third person is to administer the poison, but without mentioning
A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being
used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C
have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been
murdered. C has therefore committed the offence defined in this section and is liable to the punishment
for murder.
47. Abetment in India of offences outside India.—A person abets an offence within the meaning of
this Sanhita who, in India, abets the commission of any act without and beyond India which would
constitute an offence if committed in India.
Illustration.
A, in India, instigates B, a foreigner in country X, to commit a murder in that country, A is guilty of
abetting murder.
48. Abetment outside India for offence in India.—A person abets an offence within the meaning of
this Sanhita who, without and beyond India, abets the commission of any act in India which would
constitute an offence if committed in India.
Illustration.
A, in country X, instigates B, to commit a murder in India, A is guilty of abetting murder.
49. Punishment of abetment if 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 Sanhita for the
punishment of such abetment, be punished with the punishment provided for the offence.
Explanation.—An act or offence is said to be committed in consequence of abetment, when it is
committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which
constitutes the abetment.
Illustrations.
(a) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence.
A is guilty of abetting that offence, and is liable to the same punishment as B.
(b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers
it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to
Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that
offence by conspiracy, and is liable to the punishment for murder.
50. 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.
51. 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:
Provided that the act done was a probable consequence of the abetment, and was committed under
the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the
abetment.
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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.
52. Abettor when liable to cumulative punishment for act abetted and for act done.—If the act
for which the abettor is liable under section 51 is committed in addition to the act abetted, and constitute
a distinct offence, the abettor is liable to punishment for each of the offences.
Illustration.
A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that
distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress.
As B has committed both the offence of resisting the distress, and the offence of voluntarily causing
grievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely
voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of
the offences.
53. Liability of abettor for an effect caused by act abetted different from that intended by
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.
54. Abettor present when offence is committed.—Whenever any person, who is absent would be
liable to be punished as an abettor, is present when the act or offence for which he would be punishable in
consequence of the abetment is committed, he shall be deemed to have committed such act or offence.
55. Abetment of offence punishable with death or imprisonment for life.—Whoever abets the
commission of an offence punishable with death or imprisonment for life, shall, if that offence be not
committed in consequence of the abetment, and no express provision is made under this Sanhita for the
punishment of such abetment, be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine; and if any act for which the abettor is liable in
consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to
imprisonment of either description for a term which may extend to fourteen years, and shall also be liable
to fine.
Illustration.
A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been
subject to the punishment of death or imprisonment for life. Therefore, A is liable to imprisonment for a
term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of
the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to
fine.
56. Abetment of offence punishable with imprisonment.—Whoever abets an offence punishable
with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express
provision is made under this Sanhita for the punishment of such abetment, be punished with
imprisonment of any description provided for that offence for a term which may extend to one-fourth part
of the longest term provided for that offence; or with such fine as is provided for that offence, or with
both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the
commission of such offence, the abettor shall be punished with imprisonment of any description provided
for that offence, for a term which may extend to one-half of the longest term provided for that offence, or
with such fine as is provided for the offence, or with both.
Illustrations.
(a) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless
committed the offence defined in this section, and is punishable accordingly.
(b) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here,
though the robbery be not committed, A is liable to one-half of the longest term of imprisonment
provided for that offence, and also to fine.
(c) 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.
57. Abetting commission of offence by 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 seven years
and with fine.
Illustration.
A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at
a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a
procession. A has committed the offence defined in this section.
58. 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 imprisonment for life, voluntarily conceals by any act or omission, or
by the use of encryption or any other information hiding tool, the existence of a design to commit such
offence or makes any representation which he knows to be false respecting such design shall,—
(a) if that offence be committed, be punished with imprisonment of either description for a term
which may extend to seven years; or
(b) if the offence be not committed, with imprisonment of either description, for a term which
may extend to three years,
and shall also be liable to fine.
Illustration.
A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is
about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with
intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the
design. A is punishable under this section.
59. 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 omission or by the use of encryption or any other information hiding tool, the
existence of a design to commit such offence, or makes any representation which he knows to be false
respecting such design shall,—
(a) if the offence be committed, be punished with imprisonment of any description provided for
the offence, for a term which may extend to one-half of the longest term of such imprisonment, or
with such fine as is provided for that offence, or with both; or
(b) if the offence be punishable with death or imprisonment for life, with imprisonment of either
description for a term which may extend to ten years; or
(c) 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 so facilitate the commission of that offence.
Here A has by an illegal omission concealed the existence of B’s design, and is liable to punishment
according to the provision of this section.
60. 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
shall,—
(a) if the offence be committed, be punished with imprisonment of the description provided for
the offence, for a term which may extend to one-fourth; and
(b) if the offence be not committed, to one-eighth,
of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.
Of criminal conspiracy
61. Criminal conspiracy.—(1) When two or more persons agree with the common object to do, or
cause to be done—
(a) an illegal act; or
(b) an act which is not illegal by illegal means, such an agreement is designated a criminal
conspiracy:
Provided that no agreement except an agreement to commit an offence shall amount to a criminal
conspiracy unless some act besides the agreement is done by one or more parties to such agreement in
pursuance thereof.
Explanation.—It is immaterial whether the illegal act is the ultimate object of such agreement, or is
merely incidental to that object.
(2) Whoever is a party to a criminal conspiracy,—
(a) to commit an offence punishable with death, imprisonment for life or rigorous imprisonment
for a term of two years or upwards, shall, where no express provision is made in this Sanhita for the
punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence;
(b) other than a criminal conspiracy to commit an offence punishable as aforesaid shall be
punished with imprisonment of either description for a term not exceeding six months, or with fine or
with both.

Of attempt
62. Punishment for attempting to commit offences punishable with imprisonment for life or
other imprisonment.—Whoever attempts to commit an offence punishable by this Sanhita with
imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt
does any act towards the commission of the offence, shall, where no express provision is made by this
Sanhita for the punishment of such attempt, be punished with imprisonment of any description provided
for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may
be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is
provided for the offence, or with both.
Illustrations.
(a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the
box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is
guilty under this section.
(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the
attempt in consequence of Z’s having nothing in his pocket. A is guilty under this section.
CHAPTER V
OF OFFENCES AGAINST WOMAN AND CHILD
Of sexual offences
63. Rape.—A man is said to commit “rape” if he—
(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or
makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the
urethra or anus of a woman or makes her to do so with him or any other person; or
(c) manipulates any part of the body of a woman so as to cause penetration into the vagina,
urethra, anus or any part of body of such woman or makes her to do so with him or any other person;
or
(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or
any other person,
under the circumstances falling under any of the following seven descriptions:—
(i) against her will;
(ii) without her consent;
(iii) with her consent, when her consent has been obtained by putting her or any person in whom
she is interested, in fear of death or of hurt;
(iv) with her consent, when the man knows that he is not her husband and that her consent is
given because she believes that he is another man to whom she is or believes herself to be lawfully
married;
(v) with her consent when, at the time of giving such consent, by reason of unsoundness of mind
or intoxication or the administration by him personally or through another of any stupefying or
unwholesome substance, she is unable to understand the nature and consequences of that to which
she gives consent;
(vi) with or without her consent, when she is under eighteen years of age;
(vii) when she is unable to communicate consent.
Explanation 1.—For the purposes of this section, “vagina” shall also include labia majora.

Explanation 2.—Consent means an unequivocal voluntary agreement when the woman by words,
gestures or any form of verbal or non-verbal communication, communicates willingness to
participate in the specific sexual act:
Provided that a woman who does not physically resist to the act of penetration shall not by the
reason only of that fact, be regarded as consenting to the sexual activity.
Exception 1.—A medical procedure or intervention shall not constitute rape.
Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under
eighteen years of age, is not rape.
64. Punishment for rape.—(1) Whoever, except in the cases provided for in sub-section (2),
commits rape, shall be punished with rigorous imprisonment of either description for a term which shall
not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
(2) Whoever,—
(a) being a police officer, commits rape,—
(i) within the limits of the police station to which such police officer is appointed; or
(ii) in the premises of any station house; or
(iii) on a woman in such police officer’s custody or in the custody of a police officer
subordinate to such police officer; or
(b) being a public servant, commits rape on a woman in such public servant’s custody or in the
custody of a public servant subordinate to such public servant; or
(c) being a member of the armed forces deployed in an area by the Central Government or a
State Government commits rape in such area; or
(d) being on the management or on the staff of a jail, remand home or other place of custody
established by or under any law for the time being in force or of a women’s or children’s institution,
commits rape on any inmate of such jail, remand home, place or institution; or
(e) being on the management or on the staff of a hospital, commits rape on a woman in that
hospital; or
(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards
the woman, commits rape on such woman; or
(g) commits rape during communal or sectarian violence; or
(h) commits rape on a woman knowing her to be pregnant; or
(i) commits rape, on a woman incapable of giving consent; or
(j) being in a position of control or dominance over a woman, commits rape on such woman; or
(k) commits rape on a woman suffering from mental or physical disability; or
(l) while committing rape causes grievous bodily harm or maims or disfigures or endangers the
life of a woman; or
(m) commits rape repeatedly on the same woman,
shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which
may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s
natural life, and shall also be liable to fine.
Explanation.—For the purposes of this sub-section,—
(a) “armed forces” means the naval, army and air forces and includes any member of the Armed
Forces constituted under any law for the time being in force, including the paramilitary forces and
any auxiliary forces that are under the control of the Central Government or the State Government;
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(b) “hospital” means the precincts of the hospital and includes the precincts of any institution for
the reception and treatment of persons during convalescence or of persons requiring medical attention
or rehabilitation;
(c) “police officer” shall have the same meaning as assigned to the expression “police” under the
Police Act, 1861 (5 of 1861);
(d) “women’s or children’s institution” means an institution, whether called an orphanage or a
home for neglected women or children or a widow’s home or an institution called by any other name,
which is established and maintained for the reception and care of women or children.
65. Punishment for rape in certain cases.—(1) Whoever, commits rape on a woman under sixteen
years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty
years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder
of that person’s natural life, and shall also be liable to fine:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation
of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim.
(2) Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous
imprisonment for a term which shall not be less than twenty years, but which may extend to
imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and
with fine or with death:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation
of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim.
66. Punishment for causing death or resulting in persistent vegetative state of victim.—
Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 64 and in the
course of such commission inflicts an injury which causes the death of the woman or causes the woman
to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall
not be less than twenty years, but which may extend to imprisonment for life, which shall mean
imprisonment for the remainder of that person’s natural life, or with death.
67. Sexual intercourse by husband upon his wife during separation.—Whoever has sexual
intercourse with his own wife, who is living separately, whether under a decree of separation or
otherwise, without her consent, shall be punished with imprisonment of either description for a term
which shall not be less than two years but which may extend to seven years, and shall also be liable to
fine.
Explanation.—In this section, “sexual intercourse” shall mean any of the acts mentioned in
clauses (a) to (d) of section 63.
68. Sexual intercourse by a person in authority.—Whoever, being—
(a) in a position of authority or in a fiduciary relationship; or
(b) a public servant; or
(c) 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 a women’s or children’s institution; or
(d) on the management of a hospital or being on the staff of a hospital,
abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or
under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse
not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description
for a term which shall not be less than five years, but which may extend to ten years, and shall also be
liable to fine.
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Explanation 1.— In this section, “sexual intercourse” shall mean any of the acts mentioned in
clauses (a) to (d) of section 63.
Explanation 2.— For the purposes of this section, Explanation 1 to section 63 shall also be
applicable.
Explanation 3.— “Superintendent”, in relation to a jail, remand home or other place of custody or a
women’s or children’s institution, includes a person holding any other office in such jail, remand home,
place or institution by virtue of which such person can exercise any authority or control over its inmates.
Explanation 4.—The expressions “hospital” and “women’s or children’s institution” shall
respectively have the same meanings as in clauses (b) and (d) of the Explanation to sub-section (2) of
section 64.
69. Sexual intercourse by employing deceitful means, etc.—Whoever, by deceitful means or by
making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse
with her, such sexual intercourse not amounting to the offence of rape, shall be punished with
imprisonment of either description for a term which may extend to ten years and shall also be liable to
fine.
Explanation.— “deceitful means” shall include inducement for, or false promise of employment or
promotion, or marrying by suppressing identity.
70. Gang rape.—(1) Where a woman is raped by one or more persons constituting a group or acting
in furtherance of a common intention, each of those persons shall be deemed to have committed the
offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than
twenty years, but which may extend to imprisonment for life which shall mean imprisonment for the
remainder of that person’s natural life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation
of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim.
(2) Where a woman under eighteen years of age is raped by one or more persons constituting a group
or acting in furtherance of a common intention, each of those persons shall be deemed to have committed
the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for
the remainder of that person’s natural life, and with fine, or with death:
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation
of the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim.
71. Punishment for repeat offenders.—Whoever has been previously convicted of an offence
punishable under section 64 or section 65 or section 66 or section 70 and is subsequently convicted of an
offence punishable under any of the said sections shall be punished with imprisonment for life which
shall mean imprisonment for the remainder of that person’s natural life, or with death.
72. Disclosure of identity of 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 64 or section 65 or section 66 or section 67 or section 68 or section 69 or section 70 or section 71
is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be
punished with imprisonment of either description for a term which may extend to two years and shall also
be liable to fine.
(2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which
may make known the identity of the victim if such printing or publication is—
(a) by or under the order in writing of the officer-in-charge of the police station or the police
officer making the investigation into such offence acting in good faith for the purposes of such
investigation; or
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(b) by, or with the authorisation in writing of, the victim; or
(c) where the victim is dead or a child 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 Government or the State Government.
73. Printing or publishing any matter relating to Court proceedings without permission.—
Whoever prints or publishes any matter in relation to any proceeding before a Court with respect to an
offence referred to in section 72 without the previous permission of such Court shall be punished with
imprisonment of either description for a term which may extend to two years and shall also be liable to
fine.
Explanation.—The printing or publication of the judgment of any High Court or the Supreme Court
does not amount to an offence within the meaning of this section.
Of criminal force and assault against woman
74. Assault or use of 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
thereby outrage her modesty, shall be punished with imprisonment of either description for a term which
shall not be less than one year but which may extend to five years, and shall also be liable to fine.
75. Sexual harassment.—(1) A man committing any of the following acts:—
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks,
shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of
sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years,
or with fine, or with both.
(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished
with imprisonment of either description for a term which may extend to one year, or with fine, or with
both.
76. Assault or use of criminal force to woman with intent to disrobe.—Whoever assaults or uses
criminal force to any woman or abets such act with the intention of disrobing or compelling her to be
naked, shall be punished with imprisonment of either description for a term which shall not be less than
three years but which may extend to seven years, and shall also be liable to fine.
77. Voyeurism.—Whoever watches, or captures the image of a woman engaging in a private act in
circumstances where she would usually have the expectation of not being observed either by the
perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be
punished on first conviction with imprisonment of either description for a term which shall not be less
than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a
second or subsequent conviction, with imprisonment of either description for a term which shall not be
less than three years, but which may extend to seven years, and shall also be liable to fine.
Explanation 1.—For the purposes of this section, “private act” includes an act of watching carried out
in a place which, in the circumstances, would reasonably be expected to provide privacy and where the
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victim’s genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a
lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.
Explanation 2.—Where the victim consents to the capture of the images or any act, but not to their
dissemination to third persons and where such image or act is disseminated, such dissemination shall be
considered an offence under this section.
78. Stalking.—(1) Any man who—
(i) follows a woman and contacts, or attempts to contact such woman to foster personal
interaction repeatedly despite a clear indication of disinterest by such woman; or
(ii) monitors the use by a woman of the internet, e-mail or any other form of electronic
communication,
commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who pursued it proves that—
(i) it was pursued for the purpose of preventing or detecting crime and the man accused of
stalking had been entrusted with the responsibility of prevention and detection of crime by the State;
or
(ii) it was pursued under any law or to comply with any condition or requirement imposed by any
person under any law; or
(iii) in the particular circumstances such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment
of either description for a term which may extend to three years, and shall also be liable to fine; and be
punished on a second or subsequent conviction, with imprisonment of either description for a term which
may extend to five years, and shall also be liable to fine.
79. Word, gesture or act intended to insult modesty of a woman.—Whoever, intending to insult
the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any
form, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by
such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment
for a term which may extend to three years, and also with fine.
Of offences relating to marriage
80. 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.
81. Cohabitation caused by man deceitfully inducing 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.
82. Marrying again during lifetime of husband or wife.—(1) Whoever, having a husband or wife
living, marries in any case in which such marriage is void by reason of its taking place during the life of
such husband or wife, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
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Exception.—This sub-section does not extend to any person whose marriage with such husband or
wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a
marriage during the life of a former husband or wife, if such husband or wife, at the time of the
subsequent marriage, shall have been continually absent from such person for the space of seven years,
and shall not have been heard of by such person as being alive within that time provided the person
contracting such subsequent marriage shall, before such marriage takes place, inform the person with
whom such marriage is contracted of the real state of facts so far as the same are within his or her
knowledge.
(2) Whoever commits the offence under sub-section (1) having concealed from the person with
whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall also be liable to
fine.
83. 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.
84. 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, with intent that she may have illicit intercourse with any person, or conceals or detains
with that intent any such woman, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
85. 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.
86. Cruelty defined.—For the purposes of section 85, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide
or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman;
or
(b) harassment of the woman where such harassment is with a view to coercing her or any person
related to her to meet any unlawful demand for any property or valuable security or is on account of
failure by her or any person related to her to meet such demand.
87. 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; and whoever, by means of criminal intimidation as defined in this Sanhita or of abuse of
authority or any other method of compulsion, induces any woman to go from any place with intent that
she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with
another person shall also be punishable as aforesaid.
Of causing miscarriage, etc.
88. Causing miscarriage.—Whoever voluntarily causes a woman with child to miscarry, shall, if
such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished
with imprisonment of either description for a term which may extend to three years, or with fine, or with
both; and, if the woman be quick with child, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine.
Explanation.—A woman who causes herself to miscarry, is within the meaning of this section.
89. Causing miscarriage without woman’s consent.—Whoever commits the offence under
section 88 without the consent of the woman, whether the woman is quick with child or not, shall be
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punished with imprisonment for life, or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
90. Death caused by act done with intent to cause miscarriage.—(1) Whoever, with intent to
cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall
be punished with imprisonment of either description for a term which may extend to ten years, and shall
also be liable to fine.
(2) Where the act referred to in sub-section (1) is done without the consent of the woman, shall be
punishable either with imprisonment for life, or with the punishment specified in said sub-section.
Explanation.—It is not essential to this offence that the offender should know that the act is likely to
cause death.
91. Act done with intent to prevent child being born alive or to cause 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 act prevent that child from
being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the
purpose of saving the life of the mother, be punished with imprisonment of either description for a term
which may extend to ten years, or with fine, or with both.
92. 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.
Of offences against child
93. Exposure and abandonment of child under twelve years of age, 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.
94. 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 endeavours to conceal the birth of such child, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both.
95. Hiring, employing or engaging a child to commit an offence.—Whoever hires, employs or
engages any child to commit an offence shall be punished with imprisonment of either description which
shall not be less than three years but which may extend to ten years, and with fine; and if the offence be
committed shall also be punished with the punishment provided for that offence as if the offence has been
committed by such person himself.
Explanation.—Hiring, employing, engaging or using a child for sexual exploitation or pornography is
covered within the meaning of this section.
96. Procuration of child.—Whoever, by any means whatsoever, induces any child to go from any
place or to do any act with intent that such child may be, or knowing that it is likely that such child will
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be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment
which may extend to ten years, and shall also be liable to fine.
97. Kidnapping or abducting child under ten years of age 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.
98. Selling child for purposes of prostitution, etc.—Whoever sells, lets to hire, or otherwise
disposes of any child with intent that such child shall at any age be employed or used for the purpose of
prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it
to be likely that such child will at any age be employed or used for any such purpose, shall be punished
with imprisonment of either description for a term which may extend to ten years, and shall also be liable
to fine.
Explanation 1.—When a female under the age of eighteen years is sold, let for hire, or otherwise
disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of
such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that
she shall be used for the purpose of prostitution.
Explanation 2.—For the purposes of this section “illicit intercourse” means sexual intercourse
between persons not united by marriage or by any union or tie which, though not amounting to a
marriage, is recognised by the personal law or custom of the community to which they belong or, where
they belong to different communities, of both such communities, as constituting between them a
quasi-marital relation.
99. Buying child for purposes of prostitution, etc.—Whoever buys, hires or otherwise obtains
possession of any child with intent that such child shall at any age be employed or used for the purpose of
prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it
to be likely that such child will at any age be employed or used for any such purpose, shall be punished
with imprisonment of either description for a term which shall not be less than seven years but which
may extend to fourteen years, and shall also be liable to fine.
Explanation 1.—Any prostitute or any person keeping or managing a brothel, who buys, hires or
otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is
proved, be presumed to have obtained possession of such female with the intent that she shall be used for
the purpose of prostitution.
Explanation 2.— “Illicit intercourse” has the same meaning as in section 98.
CHAPTER VI
OF OFFENCES AFFECTING THE HUMAN BODY
Of offences affecting life
100. 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
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homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause
death.
Explanation 1.—A person who causes bodily injury to another who is labouring under a disorder,
disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have
caused his death.
Explanation 2.—Where death is caused by bodily injury, the person who causes such bodily injury
shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment
the death might have been prevented.
Explanation 3.—The causing of the death of a child in the mother’s womb is not homicide. But it
may amount to culpable homicide to cause the death of a living child, if any part of that child has been
brought forth, though the child may not have breathed or been completely born.
101. Murder.—Except in the cases hereinafter excepted, culpable homicide is murder,—
(a) if the act by which the death is caused is done with the intention of causing death; or
(b) if the act by which the death is caused is done with the intention of causing such bodily injury
as the offender knows to be likely to cause the death of the person to whom the harm is caused; or
(c) if the act by which the death is caused 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
(d) if the person committing the act by which the death is caused, knows that it is so imminently
dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death,
and commits such act without any excuse for incurring the risk of causing death or such injury as
aforesaid.
Illustrations.
(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.
(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes
him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder,
although the blow might not have been sufficient in the ordinary course of nature to cause the death of a
person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him
such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A,
although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death,
or such bodily injury as in the ordinary course of nature would cause death.
(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.—Culpable homicide is not murder if the offender, whilst deprived of the power of
self-control by grave and sudden provocation, causes the death of the person who gave the provocation or
causes the death of any other person by mistake or accident:
Provided that the provocation is not,—
(a) sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any
person;
(b) given by anything done in obedience to the law, or by a public servant in the lawful exercise
of the powers of such public servant;
(c) given by anything done in the lawful exercise of the right of private defence.
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Explanation.—Whether the provocation was grave and sudden enough to prevent the offence
from amounting to murder is a question of fact.
Illustrations.
(a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y,
Z’s child. This is murder, in as much as the provocation was not given by the child, and the death of
the child was not caused by accident or misfortune in doing an act caused by the provocation.
(b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither
intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here
A has not committed murder, but merely culpable homicide.
(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, in as much as the provocation was given by a thing done by a public
servant in the exercise of his powers.
(d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of A’s
deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z.
This is murder.
(e) A attempts to pull Z’s nose. Z, in the exercise of the right of private defence, lays hold of A to
prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z.
This is murder, in as much as the provocation was giving by a thing done in the exercise of the right of
private defence.
(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take
advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z
with the knife. Here B may have committed only culpable homicide, but A is guilty of murder.
Exception 2.—Culpable homicide is not murder if the offender in the exercise in good faith of the
right of private defence of person or property, exceeds the power given to him by law and causes the
death of the person against whom he is exercising such right of defence without premeditation, and
without any intention of doing more harm than is necessary for the purpose of such defence.
Illustration.
Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol.
Z persists in the assault. A believing in good faith that he can by no other means prevent himself from
being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide.
Exception 3.—Culpable homicide is not murder if the offender, being a public servant or aiding a
public servant acting for the advancement of public justice, exceeds the powers given to him by law, and
causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due
discharge of his duty as such public servant and without ill-will towards the person whose death is
caused.
Exception 4.—Culpable homicide is not murder if it is committed without premeditation in a sudden
fight in the heat of passion upon a sudden quarrel and without the offender’s having taken undue
advantage or acted in a cruel or unusual manner.
Explanation.—It is immaterial in such cases which party offers the provocation or commits the first
assault.
Exception 5.—Culpable homicide is not murder when the person whose death is caused, being above
the age of eighteen years, suffers death or takes the risk of death with his own consent.
Illustration.
A, by instigation, voluntarily causes Z, a child to commit suicide. Here, on account of Z’s youth, he
was incapable of giving consent to his own death; A has therefore abetted murder.
102. 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,
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commits culpable homicide by causing the death of any person, whose death he neither intends nor
knows himself to be likely to cause, the culpable homicide committed by the offender is of the
description of which it would have been if he had caused the death of the person whose death he intended
or knew himself to be likely to cause.
103. Punishment for murder.—(1) Whoever commits murder shall be punished with death or
imprisonment for life, and shall also be liable to fine.
(2) When a group of five or more persons acting in concert commits murder on the ground of race,
caste or community, sex, place of birth, language, personal belief or any other similar ground each
member of such group shall be punished with death or with imprisonment for life, and shall also be liable
to fine.
104. Punishment for murder by life-convict.—Whoever, being under sentence of imprisonment for
life, commits murder, shall be punished with death or with imprisonment for life, which shall mean the
remainder of that person’s natural life.
105. Punishment for culpable homicide not amounting to murder.—Whoever commits culpable
homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of
either description for a term which shall not be less than five years but which may extend to ten years,
and shall also be liable to fine, if the act by which the death is caused is done with the intention of
causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either
description for a term which may extend to ten years and with fine, if the act is done with the knowledge
that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as
is likely to cause death.
106. Causing death by negligence.—(1) Whoever causes death of any person by doing any rash or
negligent act not amounting to culpable homicide, shall be punished with imprisonment of either
description for a term which may extend to five years, and shall also be liable to fine; and if such act is
done by a registered medical practitioner while performing medical procedure, he shall be punished with
imprisonment of either description for a term which may extend to two years, and shall also be liable to
fine.
Explanation.—For the purposes of this sub-section, “registered medical practitioner” means a
medical practitioner who possesses any medical qualification recognised under the National Medical
Commission Act, 2019 (30 of 2019) and whose name has been entered in the National Medical Register
or a State Medical Register under that Act.
(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to
culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the
incident, shall be punished with imprisonment of either description of a term which may extend to ten
years, and shall also be liable to fine.
107. Abetment of suicide of child or person of unsound mind.—If any child, any person of
unsound mind, any delirious person or any person in a state of intoxication, commits suicide, whoever
abets the commission of such suicide, shall be punished with death or imprisonment for life, or
imprisonment for a term not exceeding ten years, and shall also be liable to fine.
108. 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.
109. Attempt to murder.—(1) Whoever does any act with such intention or knowledge, and under
such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished
with imprisonment of either description for a term which may extend to ten years, and shall also be liable
to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment
for life, or to such punishment as is hereinbefore mentioned.
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(2) When any person offending under sub-section (1) is under sentence of imprisonment for life, he
may, if hurt is caused, be punished with death or with imprisonment for life, which shall mean the
remainder of that person’s natural life.
Illustrations.
(a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued, A would
be guilty of murder. A is liable to punishment under this section.
(b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A
has committed the offence defined by this section, though the death of the child does not ensue.
(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 sub-section (1).
(d) A, intending to murder Z by poison, purchases poison and mixes the same with food which
remains in A’s keeping; A has not yet committed the offence defined in this section. A places the food on
Z’s table or delivers it to Z’s servants to place it on Z’s table. A has committed the offence defined in this
section.
110. 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.
Illustration
A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby
caused death, he would be guilty of culpable homicide not amounting to murder. A has committed the
offence defined in this section.
111. Organised crime.—(1) Any continuing unlawful activity including kidnapping, robbery,
vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of
persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom, by any
person or a group of persons acting in concert, singly or jointly, either as a member of an organised crime
syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, or
by any other unlawful means to obtain direct or indirect material benefit including a financial benefit,
shall constitute organised crime.
Explanation.—For the purposes of this sub-section,—
(i) “organised crime syndicate” means a group of two or more persons who, acting either singly
or jointly, as a syndicate or gang indulge in any continuing unlawful activity;
(ii) “continuing unlawful activity” means an activity prohibited by law which is a cognizable
offence punishable with imprisonment of three years or more, undertaken by any person, either singly
or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of
which more than one charge-sheets have been filed before a competent Court within the preceding
period of ten years and that Court has taken cognizance of such offence, and includes economic
offence;
(iii) “economic offence” includes criminal breach of trust, forgery, counterfeiting of currencynotes, bank-notes and Government stamps, hawala transaction, mass-marketing fraud or running any
scheme to defraud several persons or doing any act in any manner with a view to defraud any bank or
financial institution or any other institution or organisation for obtaining monetary benefits in any
form.
(2) Whoever commits organised crime shall,—
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(a) if such offence has resulted in the death of any person, be punished with death or
imprisonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees;
(b) in any other case, be punished with imprisonment for a term which shall not be less than five
years but which may extend to imprisonment for life, and shall also be liable to fine which shall not
be less than five lakh rupees.
(3) Whoever abets, attempts, conspires or knowingly facilitates the commission of an organised
crime, or otherwise engages in any act preparatory to an organised crime, shall be punished with
imprisonment for a term which shall not be less than five years but which may extend to imprisonment
for life, and shall also be liable to fine which shall not be less than five lakh rupees.
(4) Any person who is a member of an organised crime syndicate shall be punished with
imprisonment for a term which shall not be less than five years but which may extend to imprisonment
for life, and shall also be liable to fine which shall not be less than five lakh rupees.
(5) Whoever, intentionally, harbours or conceals any person who has committed the offence of an
organised crime shall be punished with imprisonment for a term which shall not be less than three years
but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than
five lakh rupees:
Provided that this sub-section shall not apply to any case in which the harbour or concealment is by
the spouse of the offender.
(6) Whoever possesses any property derived or obtained from the commission of an organised crime
or proceeds of any organised crime or which has been acquired through the organised crime, shall be
punishable with imprisonment for a term which shall not be less than three years but which may extend to
imprisonment for life and shall also be liable to fine which shall not be less than two lakh rupees.
(7) If any person on behalf of a member of an organised crime syndicate is, or at any time has been in
possession of movable or immovable property which he cannot satisfactorily account for, shall be
punishable with imprisonment for a term which shall not be less than three years but which may extend to
imprisonment for ten years and shall also be liable to fine which shall not be less than one lakh rupees.
112. Petty organised crime.—(1) Whoever, being a member of a group or gang, either singly or
jointly, commits any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting
or gambling, selling of public examination question papers or any other similar criminal act, is said to
commit petty organised crime.
Explanation.—For the purposes of this sub-section “theft” includes trick theft, theft from vehicle,
dwelling house or business premises, cargo theft, pick pocketing, theft through card skimming,
shoplifting and theft of Automated Teller Machine.
(2) Whoever commits any petty organised crime shall be punished with imprisonment for a term
which shall not be less than one year but which may extend to seven years, and shall also be liable to fine.
113. Terrorist act.—(1) Whoever does any act with the intent to threaten or likely to threaten the
unity, integrity, sovereignty, security, or economic security of India or with the intent to strike terror or
likely to strike terror in the people or any section of the people in India or in any foreign country,—
(a) by using bombs, dynamite or other explosive substance or inflammable substance or firearms
or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substance
(whether biological, radioactive, nuclear or otherwise) of a hazardous nature or by any other means
of whatever nature to cause or likely to cause,—
(i) death of, or injury to, any person or persons; or
(ii) loss of, or damage to, or destruction of, property; or
(iii) disruption of any supplies or services essential to the life of the community in India or in
any foreign country; or
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(iv) damage to, the monetary stability of India by way of production or smuggling or
circulation of counterfeit Indian paper currency, coin or of any other material; or
(v) damage or destruction of any property in India or in a foreign country used or intended to
be used for the defence of India or in connection with any other purposes of the Government of
India, any State Government or any of their agencies; or
(b) overawes by means of criminal force or the show of criminal force or attempts to do so or
causes death of any public functionary or attempts to cause death of any public functionary; or
(c) detains, kidnaps or abducts any person and threatening to kill or injure such person or does
any other act in order to compel the Government of India, any State Government or the Government
of a foreign country or an international or inter-governmental organisation or any other person to do
or abstain from doing any act,
commit a terrorist act.
Explanation.—For the purpose of this sub-section,—
(a) “public functionary” means the constitutional authorities or any other functionary notified in
the Official Gazette by the Central Government as public functionary;
(b) “counterfeit Indian currency” means the counterfeit currency as may be declared after
examination by an authorised or notified forensic authority that such currency imitates or
compromises with the key security features of Indian currency.
(2) Whoever commits a terrorist act shall,—
(a) if such offence has resulted in the death of any person, be punished with death or
imprisonment for life, and shall also be liable to fine;
(b) in any other case, be punished with imprisonment for a term which shall not be less than five
years but which may extend to imprisonment for life, and shall also be liable to fine.
(3) Whoever conspires or attempts to commit, or advocates, abets, advises or incites, directly or
knowingly facilitates the commission of a terrorist act or any act preparatory to the commission of a
terrorist act, shall be punished with imprisonment for a term which shall not be less than five years but
which may extend to imprisonment for life, and shall also be liable to fine.
(4) Whoever organises or causes to be organised any camp or camps for imparting training in terrorist
act, or recruits or causes to be recruited any person or persons for commission of a terrorist act, shall be
punished with imprisonment for a term which shall not be less than five years but which may extend to
imprisonment for life, and shall also be liable to fine.
(5) Any person who is a member of an organisation which is involved in terrorist act, shall be
punished with imprisonment for a term which may extend to imprisonment for life, and shall also be
liable to fine.
(6) Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing
that such person has committed a terrorist act shall be punished with imprisonment for a term which shall
not be less than three years but which may extend to imprisonment for life, and shall also be liable to
fine:
Provided that this sub-section shall not apply to any case in which the harbour or concealment is by
the spouse of the offender.
(7) Whoever knowingly possesses any property derived or obtained from commission of any terrorist
act or acquired through the commission of any terrorist act shall be punished with imprisonment for a
term which may extend to imprisonment for life, and shall also be liable to fine.
Explanation.—For the removal of doubts, it is hereby declared that the officer not below the rank of
Superintendent of Police shall decide whether to register the case under this section or under the
Unlawful Activities (Prevention) Act, 1967 (37 of 1967).
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Of hurt
114. Hurt.—Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
115. Voluntarily causing hurt.—(1) Whoever does any act with the intention of thereby causing
hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does
thereby cause hurt to any person, is said “voluntarily to cause hurt”.
(2) Whoever, except in the case provided for by sub-section (1) of section 122 voluntarily causes
hurt, shall be punished with imprisonment of either description for a term which may extend to one year,
or with fine which may extend to ten thousand rupees, or with both.
116. Grievous hurt.—The following kinds of hurt only are designated as “grievous”, namely:—
(a) Emasculation;
(b) Permanent privation of the sight of either eye;
(c) Permanent privation of the hearing of either ear;
(d) Privation of any member or joint;
(e) Destruction or permanent impairing of the powers of any member or joint;
(f) Permanent disfiguration of the head or face;
(g) Fracture or dislocation of a bone or tooth;
(h) Any hurt which endangers life or which causes the sufferer to be during the space of fifteen
days in severe bodily pain, or unable to follow his ordinary pursuits.
117. Voluntarily causing grievous hurt.—(1) Whoever voluntarily causes hurt, if the hurt which he
intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is
grievous hurt, is said “voluntarily to cause grievous hurt”.
Explanation.—A person is not said voluntarily to cause grievous hurt except when he both causes
grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily
to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he
actually causes grievous hurt of another kind.
Illustration.
A, intending of knowing himself to be likely permanently to disfigure Z’s face, gives Z a blow which
does not permanently disfigure Z’s face, but which causes Z to suffer severe bodily pain for the space of
fifteen days. A has voluntarily caused grievous hurt.
(2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes
grievous hurt, shall be punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.
(3) Whoever commits an offence under sub-section (1) and in the course of such commission causes
any hurt to a person which causes that person to be in permanent disability or in persistent vegetative
state, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but
which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that
person’s natural life.
(4) When a group of five or more persons acting in concert, causes grievous hurt to a person on the
ground of his race, caste or community, sex, place of birth, language, personal belief or any other similar
ground, each member of such group shall be guilty of the offence of causing grievous hurt, and shall be
punished with imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine.
118. Voluntarily causing hurt or grievous hurt by dangerous weapons or means.—(1) Whoever,
except in the case provided for by sub-section (1) of section 122, voluntarily causes hurt by means of any
instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is
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likely to cause death, or by means of fire or any heated substance, or by means of any poison or any
corrosive substance, or by means of any explosive substance, or by means of any substance which it is
deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any
animal, shall be punished with imprisonment of either description for a term which may extend to three
years, or with fine which may extend to twenty thousand rupees, or with both.
(2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes
grievous hurt by any means referred to in sub-section (1), shall be punished with imprisonment for life, or
with imprisonment of either description for a term which shall not be less than one year but which may
extend to ten years, and shall also be liable to fine.
119. Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal
act.—(1) Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any
person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any
person interested in such sufferer to do anything which is illegal or which may facilitate the commission
of an offence, shall be punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.
(2) Whoever voluntarily causes grievous hurt for any purpose referred to in sub-section (1), shall be
punished with imprisonment for life, or imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.
120. Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of
property.—(1) Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or from
any person interested in the sufferer, any confession or any information which may lead to the detection
of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the
sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim
or demand, or to give information which may lead to the restoration of any property or valuable security,
shall be punished with imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.
Illustrations.
(a) A, a police officer, tortures Z in order to induce Z to confess that he committed a crime. A is
guilty of an offence under this section.
(b) A, a police officer, tortures B to induce him to point out where certain stolen property is
deposited. A is guilty of an offence under this section.
(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.
(2) Whoever voluntarily causes grievous hurt for any purpose referred to in sub-section (1), shall be
punished with imprisonment of either description for a term which may extend to ten years, and shall also
be liable to fine.
121. Voluntarily causing hurt or grievous hurt to deter public servant from his duty.—(1)
Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such
public servant, or with intent to prevent or deter that person or any other public servant from discharging
his duty as such public servant or in consequence of anything done or attempted to be done by that person
in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either
description for a term which may extend to five years, or with fine, or with both.
(2) Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of
his duty as such public servant, or with intent to prevent or deter that person or any other public servant
from discharging his duty as such public servant or in consequence of anything done or attempted to be
done by that person in the lawful discharge of his duty as such public servant, shall be punished with
imprisonment of either description for a term which shall not be less than one year but which may extend
to ten years, and shall also be liable to fine.
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122. Voluntarily causing hurt or grievous hurt on provocation.—(1) Whoever voluntarily causes
hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt
to any person other than the person who gave the provocation, shall be punished with imprisonment of
either description for a term which may extend to one month, or with fine which may extend to five
thousand rupees, or with both.
(2) Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends
nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the
provocation, shall be punished with imprisonment of either description for a term which may extend to
five years, or with fine which may extend to ten thousand rupees, or with both.
Explanation.—This section is subject to the same proviso as Exception 1 of section 101.
123. Causing hurt by means of poison, etc., with intent to commit an 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.
124. Voluntarily causing grievous hurt by use of acid, etc.—(1) Whoever causes permanent or
partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body
of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by
using any other means with the intention of causing or with the knowledge that he is likely to cause such
injury or hurt or causes a person to be in a permanent vegetative state shall be punished with
imprisonment of either description for a term which shall not be less than ten years but which may extend
to imprisonment for life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of
the victim:
Provided further that any fine imposed under this sub-section shall be paid to the victim.
(2) Whoever throws or attempts to throw acid on any person or attempts to administer acid to any
person, or attempts to use any other means, with the intention of causing permanent or partial damage or
deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be
punished with imprisonment of either description for a term which shall not be less than five years but
which may extend to seven years, and shall also be liable to fine.
Explanation 1.—For the purposes of this section, “acid” includes any substance which has acidic or
corrosive character or burning nature, that is capable of causing bodily injury leading to scars or
disfigurement or temporary or permanent disability.
Explanation 2.—For the purposes of this section, permanent or partial damage or deformity or
permanent vegetative state shall not be required to be irreversible.
125. 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 of others, shall be punished with
imprisonment of either description for a term which may extend to three months or with fine which may
extend to two thousand five hundred rupees, or with both, but—
(a) where hurt is caused, shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to five thousand rupees, or with
both;
(b) where grievous hurt is caused, shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine which may extend to ten thousand rupees, or with
both.
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Of wrongful restraint and wrongful confinement
126. Wrongful restraint.—(1) Whoever voluntarily obstructs any person so as to prevent that person
from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain
that person.
Exception.—The obstruction of a private way over land or water which a person in good faith
believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.
Illustration.
A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right
to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.
(2) Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term
which may extend to one month, or with fine which may extend to five thousand rupees, or with both.
127. Wrongful confinement.—(1) Whoever wrongfully restrains any person in such a manner as to
prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to
confine” that person.
Illustrations.
(a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in
any direction beyond the circumscribing line of wall. A wrongfully confines Z.
(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z
attempts to leave the building. A wrongfully confines Z.
(2) Whoever wrongfully confines any person shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine which may extend to five thousand
rupees, or with both.
(3) Whoever wrongfully confines any person for three days, or more, shall be punished with
imprisonment of either description for a term which may extend to three years, or with fine which may
extend to ten thousand rupees, or with both.
(4) Whoever wrongfully confines any person for ten days or more, shall be punished with
imprisonment of either description for a term which may extend to five years, and shall also be liable to
fine which shall not be less than ten thousand rupees.
(5) Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that
person has been duly issued, shall be punished with imprisonment of either description for a term which
may extend to two years in addition to any term of imprisonment to which he may be liable under any
other section of this Chapter and shall also be liable to fine.
(6) Whoever wrongfully confines any person in such manner as to indicate an intention that the
confinement of such person may not be known to any person interested in the person so confined, or to
any public servant, or that the place of such confinement may not be known to or discovered by any such
person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either
description for a term which may extend to three years in addition to any other punishment to which he
may be liable for such wrongful confinement and shall also be liable to fine.
(7) Whoever wrongfully confines any person for the purpose of extorting from the person confined,
or from any person interested in the person confined, any property or valuable security or of constraining
the person confined or any person interested in such person to do anything illegal or to give any
information which may facilitate the commission of an offence, shall be punished with imprisonment of
either description for a term which may extend to three years, and shall also be liable to fine.
(8) Whoever wrongfully confines any person for the purpose of extorting from the person confined or
any person interested in the person confined any confession or any information which may lead to the
detection of an offence or misconduct, or for the purpose of constraining the person confined or any
person interested in the person confined to restore or to cause the restoration of any property or valuable
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security or to satisfy any claim or demand, or to give information which may lead to the restoration of
any property or valuable security, shall be punished with imprisonment of either description for a term
which may extend to three years, and shall also be liable to fine.
Of criminal force and assault
128. 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 following three ways, namely:—
(a) by his own bodily power;
(b) by disposing any substance in such a manner that the motion or change or cessation of motion
takes place without any further act on his part, or on the part of any other person;
(c) by inducing any animal to move, to change its motion, or to cease to move.
129. 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.
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(g) Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally by
his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or
with other water so situated that such contact must affect Z’s sense of feeling; A has therefore
intentionally used force to Z; and if he has done this without Z’s consent intending or knowing it to be
likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force.
(h) A incites a dog to spring upon Z, without Z’s consent. Here, if A intends to cause injury, fear or
annoyance to Z, he uses criminal force to Z.
130. 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.
131. 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 one thousand rupees, or with both.
Explanation 1.—Grave and sudden provocation will not mitigate the punishment for an offence under
this section,—
(a) if the provocation is sought or voluntarily provoked by the offender as an excuse for the
offence; or
(b) if the provocation is given by anything done in obedience to the law, or by a public servant, in
the lawful exercise of the powers of such public servant; or
(c) if the provocation is given by anything done in the lawful exercise of the right of private
defence.
Explanation 2.—Whether the provocation was grave and sudden enough to mitigate the offence, is a
question of fact.
132. 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 in the lawful
discharge of his duty as such public servant, shall be punished with imprisonment of either description for
a term which may extend to two years, or with fine, or with both.
133. 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.
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134. 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.
135. Assault or criminal force in attempt to wrongfully 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 five thousand rupees, or with both.
136. 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 one thousand
rupees, or with both.
Explanation.—This section is subject to the same Explanation as section 131.
Of kidnapping, abduction, slavery and forced labour
137. Kidnapping.—(1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from
lawful guardianship—
(a) whoever conveys any person beyond the limits of India without the consent of that person, or
of some person legally authorised to consent on behalf of that person, is said to kidnap that person
from India;
(b) whoever takes or entices any child or any person of unsound mind, out of the keeping of the
lawful guardian of such child or person of unsound mind, without the consent of such guardian, is
said to kidnap such child or person from lawful guardianship.
Explanation.—The words “lawful guardian” in this clause include any person lawfully entrusted
with the care or custody of such child or other person.
Exception.—This clause does not extend to the act of any person who in good faith believes
himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to
the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
(2) Whoever kidnaps any person from India or from lawful guardianship shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be liable to
fine.
138. Abduction.—Whoever by force compels, or by any deceitful means induces, any person to go
from any place, is said to abduct that person.
139. Kidnapping or maiming a child for purposes of begging.—(1) Whoever kidnaps any child or,
not being the lawful guardian of such child, obtains the custody of the child, in order that such child may
be employed or used for the purposes of begging shall be punishable with rigorous imprisonment for a
term which shall not be less than ten years but which may extend to imprisonment for life, and shall also
be liable to fine.
(2) Whoever maims any child in order that such child may be employed or used for the purposes of
begging shall be punishable with imprisonment which shall not be less than twenty years, but which may
extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with
fine.
(3) Where any person, not being the lawful guardian of a child employs or uses such child for the
purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise
obtained the custody of such child in order that such child might be employed or used for the purposes of
begging.
(4) In this section “begging” means—
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(i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing,
fortune telling, performing tricks or selling articles or otherwise;
(ii) entering on any private premises for the purpose of soliciting or receiving alms;
(iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound,
injury, deformity or disease, whether of himself or of any other person or of an animal;
(iv) using such child as an exhibit for the purpose of soliciting or receiving alms.
140. Kidnapping or abducting in order to murder or for ransom, etc.—(1) Whoever kidnaps or
abducts any person in order that such person may be murdered or may be so disposed of as to be put in
danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a
term which may extend to ten years, and shall also be liable to fine.
Illustrations.
(a) A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed to an idol. A
has committed the offence defined in this section.
(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has
committed the offence defined in this section.
(2) Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or
abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable
apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order
to compel the Government or any foreign State or international inter-governmental organisation or any
other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or
imprisonment for life, and shall also be liable to fine.
(3) Whoever kidnaps or abducts any person with intent to cause that person to be secretly and
wrongfully confined, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
(4) Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so
disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust
of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be
punished with imprisonment of either description for a term which may extend to ten years, and shall also
be liable to fine.
141. Importation of girl or boy from foreign country.—Whoever imports into India from any
country outside India any girl under the age of twenty-one years or any boy under the age of eighteen
years with intent that girl or boy may be, or knowing it to be likely that girl or boy will be, forced or
seduced to illicit intercourse with another person, shall be punishable with imprisonment which may
extend to ten years and shall also be liable to fine.
142. 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.
143. Trafficking of person.—(1) Whoever, for the purpose of exploitation recruits, transports,
harbours, transfers, or receives a person or persons, by—
(a) using threats; or
(b) using force, or any other form of coercion; or
(c) by abduction; or
(d) by practising fraud, or deception; or
(e) by abuse of power; or
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(f) by inducement, including the giving or receiving of payments or benefits, in order to achieve
the consent of any person having control over the person recruited, transported, harboured,
transferred or received,
commits the offence of trafficking.
Explanation 1.—The expression “exploitation” shall include any act of physical exploitation or
any form of sexual exploitation, slavery or practices similar to slavery, servitude, beggary or forced
removal of organs.
Explanation 2.—The consent of the victim is immaterial in determination of the offence of
trafficking.
(2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a
term which shall not be less than seven years, but which may extend to ten years, and shall also be liable
to fine.
(3) Where the offence involves the trafficking of more than one person, it shall be punishable with
rigorous imprisonment for a term which shall not be less than ten years but which may extend to
imprisonment for life, and shall also be liable to fine.
(4) Where the offence involves the trafficking of a child, it shall be punishable with rigorous
imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment
for life, and shall also be liable to fine.
(5) Where the offence involves the trafficking of more than one child, it shall be punishable with
rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to
imprisonment for life, and shall also be liable to fine.
(6) If a person is convicted of the offence of trafficking of a child on more than one occasion, then
such person shall be punished with imprisonment for life, which shall mean imprisonment for the
remainder of that person’s natural life, and shall also be liable to fine.
(7) When a public servant or a police officer is involved in the trafficking of any person then, such
public servant or police officer shall be punished with imprisonment for life, which shall mean
imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
144. Exploitation of a trafficked person.—(1) Whoever, knowingly or having reason to believe that
a child has been trafficked, engages such child for sexual exploitation in any manner, shall be punished
with rigorous imprisonment for a term which shall not be less than five years, but which may extend to
ten years, and shall also be liable to fine.
(2) Whoever, knowingly or having reason to believe that a person has been trafficked, engages such
person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term
which shall not be less than three years, but which may extend to seven years, and shall also be liable to
fine.
145. Habitual dealing in slaves.—Whoever habitually imports, exports, removes, buys, sells, traffics
or deals in slaves, shall be punished with imprisonment for life, or with imprisonment of either
description for a term not exceeding ten years, and shall also be liable to fine.
146. 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.
CHAPTER VII
OF OFFENCES AGAINST THE STATE
147. Waging, or attempting to wage war, or abetting waging of war, against Government of
India.—Whoever wages war against the Government of India, or attempts to wage such war, or abets the
waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.
58
Illustration.
A joins an insurrection against the Government of India. A has committed the offence defined in this
section.
148. Conspiracy to commit offences punishable by section 147.—Whoever within or without and
beyond India conspires to commit any of the offences punishable by section 147, or conspires to
overawe, by means of criminal force or the show of criminal force, the Central Government or any State
Government, shall be punished with imprisonment for life, or with imprisonment of either description
which may extend to ten years, and shall also be liable to fine.
Explanation.—To constitute a conspiracy under this section, it is not necessary that any act or illegal
omission shall take place in pursuance thereof.
149. Collecting arms, etc., with intention of waging war against 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 Government of India, shall be punished with
imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall
also be liable to fine.
150. 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 Government of India,
intending by such concealment to facilitate, or knowing it to be likely that such concealment will
facilitate, the waging of such war, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
151. Assaulting President, Governor, etc., with intent to compel or restrain exercise of any
lawful power.—Whoever, with the intention of inducing or compelling the President of India, or
Governor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of
such President or Governor, assaults or wrongfully restrains, or attempts wrongfully to restrain, or
overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such
President or Governor, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
152. Act endangering sovereignty, unity and integrity of India.—Whoever, purposely or
knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic
communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or
armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers
sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with
imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to
fine.
Explanation.—Comments expressing disapprobation of the measures, or administrative or other
action of the Government with a view to obtain their alteration by lawful means without exciting or
attempting to excite the activities referred to in this section do not constitute an offence under this
section.
153. Waging war against Government of any foreign State at peace with Government of
India.—Whoever wages war against the Government of any foreign State at peace with the Government
of India or attempts to wage such war, or abets the waging of such war, shall be punished with
imprisonment for life, to which fine may be added, or with imprisonment of either description for a term
which may extend to seven years, to which fine may be added, or with fine.
154. Committing depredation on territories of foreign State at peace with Government of
India.—Whoever commits depredation, or makes preparations to commit depredation, on the territories
of any foreign State at peace with the Government of India, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine and to
forfeiture of any property used or intended to be used in committing such depredation, or acquired by
such depredation.
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155. Receiving property taken by war or depredation mentioned in sections 153 and 154.—
Whoever receives any property knowing the same to have been taken in the commission of any of the
offences mentioned in sections 153 and 154, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the
property so received.
156. 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
imprisonment for life, or imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
157. 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.
158. 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
imprisonment for life, or with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
Explanation.—A State prisoner or prisoner of war, who is permitted to be at large on his parole
within certain limits in India, is said to escape from lawful custody if he goes beyond the limits
within which he is allowed to be at large.
CHAPTER VIII
OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
159. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.—
Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or
Air Force of the Government of India or attempts to seduce any such officer, soldier, sailor or airman
from his allegiance or his duty, shall be punished with imprisonment for life, or with imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine.
160. Abetment of mutiny, if mutiny is committed in consequence thereof.—Whoever abets the
committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the
Government of India, shall, if mutiny be committed in consequence of that abetment, be punished with
death or with imprisonment for life, or imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.
161. 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, sailor or airman, in the Army, Navy or Air
Force of the Government of India, on any superior officer being in the execution of his office, shall be
punished with imprisonment of either description for a term which may extend to three years, and shall
also be liable to fine.
162. Abetment of such assault, if assault committed.—Whoever abets an assault by an officer,
soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on any superior
officer being in the execution of his office, shall, if such assault be committed in consequence of that
abetment be punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
163. Abetment of desertion of soldier, sailor or airman.—Whoever abets the desertion of any
officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall be
punished with imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
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164. Harbouring deserter.—Whoever, except as hereinafter excepted, knowing or having reason to
believe that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of
India, has deserted, harbours such officer, soldier, sailor or airman, shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine or with both.
Exception.—This provision does not extend to the case in which the harbour is given by the spouse of
the deserter.
165. 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, Navy or Air Force
of the Government of India is concealed, shall, though ignorant of such concealment, be liable to a
penalty not exceeding three thousand rupees, if he might have known of such concealment but for some
neglect of his duty as such master or person in charge, or but for some want of discipline on board of the
vessel.
166. 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, sailor or airman, in the Army, Navy or Air
Force, of the Government of India, shall, if such act of insubordination be committed in consequence of
that abetment, be punished with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
167. Persons subject to certain Acts.—No person subject to the Air Force Act, 1950 (45 of 1950),
the Army Act, 1950 (46 of 1950) and the Navy Act, 1957 (62 of 1957), or shall be subject to punishment
under this Sanhita for any of the offences defined in this Chapter.
168. Wearing garb or carrying token used by soldier, sailor or airman.—Whoever, not being a
soldier, sailor or airman in the Army, Naval or Air service of the Government of India, wears any garb or
carries any token resembling any garb or token used by such a soldier, sailor or airman with the intention
that it may be believed that he is such a soldier, sailor or airman, shall be punished with imprisonment of
either description for a term which may extend to three months, or with fine which may extend to two
thousand rupees, or with both.
CHAPTER IX
OF OFFENCES RELATING TO ELECTIONS
169. Candidate, electoral right defined.—For the purposes of this Chapter—
(a) “candidate” means a person who has been nominated as a candidate at any election;
(b) “electoral right” means the right of a person to stand, or not to stand as, or to withdraw from
being, a candidate or to vote or refrain from voting at an election.
170. 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.
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171. 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).
(3) A declaration of public policy or a promise of public action or the mere exercise or a legal right
without intent to interfere with an electoral right, shall not be deemed to be interference within the
meaning of this section.
172. 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:
Provided that nothing in this section shall apply to a person who has been authorised to vote as proxy
for an elector under any law for the time being in force in so far as he votes as a proxy for such elector.
173. 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.
174. 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.
175. 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.
176. Illegal payments in connection with an election.—Whoever without the general or special
authority in writing of a candidate incurs or authorises expenses on account of the holding of any public
meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the
purpose of promoting or procuring the election of such candidate, shall be punished with fine which may
extend to ten thousand rupees:
Provided that if any person having incurred any such expenses not exceeding the amount of ten
rupees without authority obtains within ten days from the date on which such expenses were incurred the
approval in writing of the candidate, he shall be deemed to have incurred such expenses with the
authority of the candidate.
177. 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 thousand
rupees.
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CHAPTER X
OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS
178. Counterfeiting coin, Government stamps, currency-notes or bank-notes.—Whoever
counterfeits, or knowingly performs any part of the process of counterfeiting, any coin, stamp issued by
Government for the purpose of revenue, currency-note or bank-note, shall be punished with
imprisonment for life, or with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
Explanation.—For the purposes of this Chapter,—
(1) the expression “bank-note” means a promissory note or engagement for the payment of
money to bearer on demand issued by any person carrying on the business of banking in any part of
the world, or issued by or under the authority of any State or Sovereign Power, and intended to be
used as equivalent to, or as a substitute for money;
(2) “coin” shall have the same meaning as assigned to it in section 2 of the Coinage Act, 2011
(11 of 2011) and includes metal used for the time being as money and is stamped and issued by or
under the authority of any State or Sovereign Power intended to be so used;
(3) a person commits the offence of “counterfeiting Government stamp” who counterfeits by
causing a genuine stamp of one denomination to appear like a genuine stamp of a different
denomination;
(4) a person commits the offence of counterfeiting coin who intending to practise deception, or
knowing it to be likely that deception will thereby be practised, causes a genuine coin to appear like a
different coin; and
(5) the offence of “counterfeiting coin” includes diminishing the weight or alteration of the
composition, or alteration of the appearance of the coin.
179. Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or banknotes.—Whoever imports or exports, or sells or delivers to, or buys or receives from, any other person, or
otherwise traffics or uses as genuine, any forged or counterfeit coin, stamp, currency-note or bank-note,
knowing or having reason to believe the same to be forged or counterfeit, shall be punished with
imprisonment for life, or with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
180. Possession of forged or counterfeit coin, Government stamp, currency-notes or banknotes.—Whoever has in his possession any forged or counterfeit coin, stamp, currency-note or bank-note,
knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as
genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a
term which may extend to seven years, or with fine, or with both.
Explanation.—If a person establishes the possession of the forged or counterfeit coin, stamp,
currency-note or bank-note to be from a lawful source, it shall not constitute an offence under this
section.
181. Making or possessing instruments or materials for forging or counterfeiting coin,
Government stamp, currency-notes or bank-notes.—Whoever makes or mends, or performs any part
of the process of making or mending, or buys or sells or disposes of, or has in his possession, any
machinery, die, or instrument or material for the purpose of being used, or knowing or having reason to
believe that it is intended to be used, for forging or counterfeiting any coin, stamp issued by Government
for the purpose of revenue, currency-note or bank-note, shall be punished with imprisonment for life, or
with imprisonment of either description for a term which may extend to ten years, and shall also be liable
to fine.
182. 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
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deceive, any currency-note or bank-note shall be punished with fine which may extend to three hundred
rupees.
(2) If any person, whose name appears on a document the making of which is an offence under
sub-section (1), refuses, without lawful excuse, to disclose to a police officer on being so required the
name and address of the person by whom it was printed or otherwise made, he shall be punished with fine
which may extend to six hundred rupees.
(3) Where the name of any person appears on any document in respect of which any person is
charged with an offence under sub-section (1) or on any other document used or distributed in connection
with that document it may, until the contrary is proved, be presumed that the person caused the document
to be made.
183. 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.
184. 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.
185. 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.
186. 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 may be seized and, if seized shall be forfeited.
(3) In this section “fictitious stamp” means any stamp falsely purporting to be issued by Government
for the purpose of denoting a rate of postage, or any facsimile or imitation or representation, whether on
paper or otherwise, of any stamp issued by Government for that purpose.
(4) In this section and also in sections 178 to 181 (both inclusive), and sections 183 to 185 (both
inclusive) the word “Government”, when used in connection with, or in reference to any stamp issued for
the purpose of denoting a rate of postage, shall, notwithstanding anything in clause (12) of section 2, be
deemed to include the person or persons authorised by law to administer executive Government in any
part of India or in any foreign country.
187. 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 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
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a different weight or composition from the weight or composition fixed by law, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be liable to
fine.
188. Unlawfully taking coining instrument from mint.—Whoever, without lawful authority, takes
out of any mint, lawfully established in India, any coining tool or instrument, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be liable to
fine.
CHAPTER XI
OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
189. Unlawful assembly.—(1) An assembly of five or more persons is designated an “unlawful
assembly”, if the common object of the persons composing that assembly is—
(a) to overawe by criminal force, or show of criminal force, the Central Government or any State
Government or Parliament or the Legislature of any State, or any public servant in the exercise of the
lawful power of such public servant; or
(b) to resist the execution of any law, or of any legal process; or
(c) to commit any mischief or criminal trespass, or other offence; or
(d) by means of criminal force, or show of criminal force, to any person, to take or obtain
possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use
of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right
or supposed right; or
(e) by means of criminal force, or show of criminal force, to compel any person to do what he is
not legally bound to do, or to omit to do what he is legally entitled to do.
Explanation.—An assembly which was not unlawful when it assembled, may subsequently become
an unlawful assembly.
(2) Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally
joins that assembly, or continues in it, is said to be a member of an unlawful assembly and such member
shall be punished with imprisonment of either description for a term which may extend to six months, or
with fine, or with both.
(3) Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has
been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both.
(4) Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of
offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(5) Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a
disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be
punished with imprisonment of either description for a term which may extend to six months, or with
fine, or with both.
Explanation.—If the assembly is an unlawful assembly within the meaning of sub-section (1), the
offender shall be punishable under sub-section (3).
(6) Whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or
employment of any person to join or become a member of any unlawful assembly, shall be punishable as
a member of such unlawful assembly, and for any offence which may be committed by any such person
as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the
same manner as if he had been a member of such unlawful assembly, or himself had committed such
offence.
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(7) Whoever harbours, receives or assembles, in any house or premises in his occupation or charge,
or under his control any persons knowing that such persons have been hired, engaged or employed, or are
about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be
punished with imprisonment of either description for a term which may extend to six months, or with
fine, or with both.
(8) Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing
any of the acts specified in sub-section (1), shall be punished with imprisonment of either description for
a term which may extend to six months, or with fine, or with both.
(9) Whoever, being so engaged or hired as referred to in sub-section (8), goes armed, or engages or
offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely
to cause death, shall be punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
190. 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.
191. Rioting.—(1) Whenever force or violence is used by an unlawful assembly, or by any member
thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty
of the offence of rioting.
(2) Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
(3) Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a
weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for
a term which may extend to five years, or with fine, or with both.
192. Wantonly 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.
193. Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes
place.—(1) Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon
which such unlawful assembly is held, or such riot is committed, and any person having or claiming an
interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent
or manager, knowing that such offence is being or has been committed, or having reason to believe it is
likely to be committed, do not give the earliest notice thereof in his or their power to the officer in charge
at the nearest police station, and do not, in the case of his or their having reason to believe that it was
about to be committed, use all lawful means in his or their power to prevent it and, in the event of its
taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful
assembly.
(2) Whenever a riot is committed for the benefit or on behalf of any person who is the owner or
occupier of any land respecting which such riot takes place or who claims any interest in such land, or in
the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit
therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to
believe that such riot was likely to be committed or that the unlawful assembly by which such riot was
committed was likely to be held, shall not respectively use all lawful means in his or their power to
prevent such assembly or riot from taking place, and for suppressing and dispersing the same.
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(3) Whenever a riot is committed for the benefit or on behalf of any person who is the owner or
occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in
the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit
therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager,
having reason to believe that such riot was likely to be committed, or that the unlawful assembly by
which such riot was committed was likely to be held, shall not use all lawful means in his power to
prevent such riot or assembly from taking place and for suppressing and dispersing the same.
194. Affray.—(1) When two or more persons, by fighting in a public place, disturb the public peace,
they are said to commit an affray.
(2) Whoever commits an affray, shall be punished with imprisonment of either description for a term
which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
195. Assaulting or obstructing public servant when suppressing riot, etc.—(1) Whoever assaults
or obstructs any public servant or uses criminal force on any public servant in the discharge of his duty as
such public servant in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray,
shall be punished with imprisonment of either description for a term which may extend to three years, or
with fine which shall not be less than twenty-five thousand rupees, or with both.
(2) Whoever threatens to assault or attempts to obstruct any public servant or threatens or attempts to
use criminal force to any public servant in the discharge of his duty as such public servant in
endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, shall be punished with
imprisonment of either description for a term which may extend to one year, or with fine, or with both.
196. Promoting enmity between different groups on grounds 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 through
electronic communication or otherwise, promotes or attempts to promote, on grounds of religion,
race, place of birth, residence, language, caste or community or any other ground whatsoever,
disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or
regional groups or castes or communities; or
(b) commits any act which is prejudicial to the maintenance of harmony between different
religious, racial, language or regional groups or castes or communities, and which disturbs or is likely
to disturb the public tranquillity; or
(c) organises 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) Whoever commits an offence specified in sub-section (1) in any place of worship or in any
assembly engaged in the performance of religious worship or religious ceremonies, shall be punished
with imprisonment which may extend to five years and shall also be liable to fine.
197. Imputations, assertions prejudicial to national integration.—(1) Whoever, by words either
spoken or written or by signs or by visible representations or through electronic communication or
otherwise,—
(a) makes or publishes any imputation that any class of persons cannot, by reason of their being
members of any religious, racial, language or regional group or caste or community, bear true faith
and allegiance to the Constitution of India as by law established or uphold the sovereignty and
integrity of India; or
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(b) asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of
their being members of any religious, racial, language or regional group or caste or community, be
denied, or deprived of their rights as citizens of India; or
(c) makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any
class of persons, by reason of their being members of any religious, racial, language or regional
group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause
disharmony or feelings of enmity or hatred or ill-will between such members and other persons; or
(d) makes or publishes false or misleading information, jeopardising the sovereignty, unity and
integrity or security of India,
shall be punished with imprisonment which may extend to three years, or with fine, or with both.
(2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any
assembly engaged in the performance of religious worship or religious ceremonies, shall be punished
with imprisonment which may extend to five years and shall also be liable to fine.
CHAPTER XII
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
198. 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.
Illustration.
A, being an officer directed by law to take property in execution, in order to satisfy a decree
pronounced in Z’s favour by a Court, knowingly disobeys that direction of law, with the knowledge that
he is likely thereby to cause injury to Z. A has committed the offence defined in this section.
199. Public servant disobeying direction under law.—Whoever, being a public servant,—
(a) knowingly disobeys any direction of the law which prohibits him from requiring the
attendance at any place of any person for the purpose of investigation into an offence or any other
matter; or
(b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating
the manner in which he shall conduct such investigation; or
(c) fails to record any information given to him under sub-section (1) of section 173 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence punishable under
section 64, section 65, section 66, section 67, section 68, section 70, section 71, section 74,
section 76, section 77, section 79, section 124, section 143 or section 144,
shall be punished with rigorous imprisonment for a term which shall not be less than six months but
which may extend to two years, and shall also be liable to fine.
200. Punishment for non-treatment of victim.—Whoever, being in charge of a hospital, public or
private, whether run by the Central Government, the State Government, local bodies or any other person,
contravenes the provisions of section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be
punished with imprisonment for a term which may extend to one year, or with fine, or with both.
201. 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 or electronic record, frames, prepares or translates that document or electronic record in a
manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely
that he may thereby cause injury to any person, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both.
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202. Public servant unlawfully engaging in trade.—Whoever, being a public servant, and being
legally bound as such public servant not to engage in trade, engages in trade, shall be punished with
simple imprisonment for a term which may extend to one year, or with fine, or with both or with
community service.
203. 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.
204. Personating a public servant.—Whoever pretends to hold any particular office as a public
servant, knowing that he does not hold such office or falsely personates any other person holding such
office, and in such assumed character does or attempts to do any act under colour of such office, shall be
punished with imprisonment of either description for a term which shall not be less than six months but
which may extend to three years and with fine.
205. 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 five thousand rupees, or with both.
CHAPTER XIII
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
206. 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,—
(a) shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to five thousand rupees, or with both;
(b) where such summons or notice or order is to attend in person or by agent, or to produce a
document or an electronic record in a Court shall be punished with simple imprisonment for a term
which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.
207. 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, as such public servant,
to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any
such summons, notice or order or intentionally removes any such summons, notice or order from any
place to which it is lawfully affixed or intentionally prevents the lawful making of any proclamation,
under the authority of any public servant legally competent, as such public servant, to direct such
proclamation to be made,—
(a) shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to five thousand rupees, or with both;
(b) where the summons, notice, order or proclamation is to attend in person or by agent, or to
produce a document or electronic record in a Court, with simple imprisonment for a term which may
extend to six months, or with fine which may extend to ten thousand rupees, or with both.
208. 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,—
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(a) shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to five thousand rupees, or with both;
(b) where the summons, notice, order or proclamation is to attend in person or by agent in a
Court with simple imprisonment for a term which may extend to six months, or with fine which may
extend to ten thousand rupees, or with both.
Illustrations.
(a) A, being legally bound to appear before a High Court, in obedience to a subpoena issuing from
that Court, intentionally omits to appear. A has committed the offence defined in this section.
(b) A, being legally bound to appear before a District Judge, as a witness, in obedience to a summons
issued by that District Judge intentionally omits to appear. A has committed the offence defined in this
section.
209. Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik
Suraksha Sanhita, 2023.—Whoever fails to appear at the specified place and the specified time as
required by a proclamation published under sub-section (1) of section 84 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to three years,
or with fine, or with both, or with community service, and where a declaration has been made under
sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with
imprisonment for a term which may extend to seven years and shall also be liable to fine.
210. Omission to produce document or electronic record to public servant by person legally
bound to produce it.—Whoever, being legally bound to produce or deliver up any document or
electronic record to any public servant, as such, intentionally omits so to produce or deliver up the
same,—
(a) shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to five thousand rupees, or with both;
(b) and where the document or electronic record is to be produced or delivered up to a Court with
simple imprisonment for a term which may extend to six months, or with fine which may extend to
ten thousand rupees, or with both.
Illustration.
A, being legally bound to produce a document before a District Court, intentionally omits to produce
the same. A has committed the offence defined in this section.
211. 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,—
(a) shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to five thousand rupees, or with both;
(b) where the notice or information required to be given respects the commission of an offence,
or is required for the purpose of preventing the commission of an offence, or in order to the
apprehension of an offender, with simple imprisonment for a term which may extend to six months,
or with fine which may extend to ten thousand rupees, or with both;
(c) where the notice or information required to be given is required by an order passed
under section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with imprisonment of either
description for a term which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
212. 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,—
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(a) shall be punished with simple imprisonment for a term which may extend to six months, or
with fine which may extend to five thousand rupees, or with both;
(b) where the information which he is legally bound to give respects the commission of an
offence, or is required for the purpose of preventing the commission of an offence, or in order to the
apprehension of an offender, with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
Illustrations.
(a) A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully
misinforms the Magistrate of the district that the death has occurred by accident in consequence of the
bite of a snake. A is guilty of the offence defined in this section.
(b) A, a village watchman, knowing that a considerable body of strangers has passed through his
village in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neighbouring
place, and being legally bound to give early and punctual information of the above fact to the officer of
the nearest police station, wilfully misinforms the police officer that a body of suspicious characters
passed through the village with a view to commit dacoity in a certain distant place in a different direction.
Here A is guilty of the offence defined in this section.
Explanation.—In section 211 and in this section the word “offence” include any act committed at any
place out of India, which, if committed in India, would be punishable under any of the following sections,
namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of
section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331,
clauses (a) and (b) of section 332 and the word “offender” includes any person who is alleged to have
been guilty of any such act.
213. Refusing oath or affirmation when duly required by public servant to make it.—Whoever
refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a
public servant legally competent to require that he shall so bind himself, shall be punished with simple
imprisonment for a term which may extend to six months, or with fine which may extend to five thousand
rupees, or with both.
214. Refusing to answer public servant authorised 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 five thousand rupees, or with both.
215. 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 three thousand rupees, or with both.
216. False statement on oath or affirmation to public servant or person authorised to
administer an oath or affirmation.—Whoever, being legally bound by an oath or affirmation to state
the truth on any subject to any public servant or other person authorised by law to administer such oath or
affirmation, makes, to such public servant or other person as aforesaid, touching that subject, any
statement which is false, and which he either knows or believes to be false or does not believe to be true,
shall be punished with imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine.
217. False information, with intent to cause public servant to use his lawful power to 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
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(b) to use the lawful power of such public servant to the injury or annoyance of any person,
shall be punished with imprisonment of either description for a term which may extend to one year, or
with fine which may extend to ten thousand rupees, or with both.
Illustrations.
(a) A informs a Magistrate that Z, a police officer, subordinate to such Magistrate, has been guilty of
neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the
information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.
(b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such
information to be false, and knowing that it is likely that the consequence of the information will be a
search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this
section.
(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.
218. Resistance to taking of property by 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 ten thousand
rupees, or with both.
219. 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 thousand rupees, or with both.
220. 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.
221. 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 two thousand
and five hundred rupees, or with both.
222. 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,—
(a) shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to two thousand and five hundred rupees, or with both;
(b) and where such assistance be demanded of him by a public servant legally competent to make
such demand for the purposes of executing any process lawfully issued by a Court or of preventing
the commission of an offence, or suppressing a riot, or affray, or of apprehending a person charged
with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple
imprisonment for a term which may extend to six months, or with fine which may extend to five
thousand rupees, or with both.
223. 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
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abstain from a certain act, or to take certain order with certain property in his possession or under his
management, disobeys such direction,—
(a) shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk
of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple
imprisonment for a term which may extend to six months, or with fine which may extend to two
thousand and five hundred rupees, or with both;
(b) and where such disobedience causes or tends to cause danger to human life, health or safety,
or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description
for a term which may extend to one year, or with fine which may extend to five thousand rupees, or
with both.
Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his
disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and
that his disobedience produces, or is likely to produce, harm.
Illustration.
An order is promulgated by a public servant lawfully empowered to promulgate such order, directing
that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and
thereby causes danger of riot. A has committed the offence defined in this section.
224. 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.
225. 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.
226. Attempt to commit suicide to compel or restrain exercise of lawful power.—Whoever
attempts to commit suicide with the intent to compel or restrain any public servant from discharging his
official duty shall be punished with simple imprisonment for a term which may extend to one year, or
with fine, or with both, or with community service.
CHAPTER XIV
OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
227. 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.
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.
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(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.
228. Fabricating false evidence.—Whoever causes any circumstance to exist or makes any false
entry in any book or record, or electronic record or makes any document or electronic record containing a
false statement, intending that such circumstance, false entry or false statement may appear in evidence in
a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an
arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause
any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous
opinion touching any point material to the result of such proceeding is said “to fabricate false evidence”.
Illustrations.
(a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and
that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.
(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a
Court. A has fabricated false evidence.
(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.
229. Punishment for false evidence.—(1) Whoever intentionally gives false evidence in any stage
of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a
judicial proceeding, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine which may extend to ten thousand rupees.
(2) Whoever intentionally gives or fabricates false evidence in any case other than that referred to in
sub-section (1), shall be punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine which may extend to five thousand rupees.
Explanation 1.—A trial before a Court-martial is a judicial proceeding.
Explanation 2.—An investigation directed by law preliminary to a proceeding before a Court, is a
stage of a judicial proceeding, though that investigation may not take place before a Court.
Illustration.
A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed
for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial
proceeding, A has given false evidence.
Explanation 3.—An investigation directed by a Court according to law, and conducted under the
authority of a Court, is a stage of a judicial proceeding, though that investigation may not take place
before a Court.
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Illustration.
A, in an enquiry before an officer deputed by a Court to ascertain on the spot the boundaries of land,
makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding,
A has given false evidence.
230. Giving or fabricating false evidence with intent to procure conviction of capital offence.—
(1) Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that
he will thereby cause, any person to be convicted of an offence which is capital by the law for the time
being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a
term which may extend to ten years, and shall also be liable to fine which may extend to fifty thousand
rupees.
(2) If an innocent person be convicted and executed in consequence of false evidence referred to in
sub-section (1), the person who gives such false evidence shall be punished either with death or the
punishment specified in sub-section (1).
231. 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 by the law for the time being in force in India is not capital, but punishable with
imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a
person convicted of that offence would be liable to be punished.
Illustration.
A gives false evidence before a Court, intending thereby to cause Z to be convicted of a dacoity. The
punishment of dacoity is imprisonment for life, or rigorous imprisonment for a term which may extend to
ten years, with or without fine. A, therefore, is liable to imprisonment for life or imprisonment, with or
without fine.
232. Threatening any person to give false evidence.—(1) Whoever threatens another with any
injury to his person, reputation or property or to the person or reputation of any one in whom that person
is interested, with intent to cause that person to give false evidence shall be punished with imprisonment
of either description for a term which may extend to seven years, or with fine, or with both.
(2) If innocent person is convicted and sentenced in consequence of false evidence referred to in
sub-section (1), with death or imprisonment for more than seven years, the person who threatens shall be
punished with the same punishment and sentence in the same manner and to the same extent such
innocent person is punished and sentenced.
233. 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.
234. 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.
235. 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.
236. 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 or any public servant or other
person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is
false, and which he either knows or believes to be false or does not believe to be true, touching any point
material to the object for which the declaration is made or used, shall be punished in the same manner as
if he gave false evidence.
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237. Using as true such declaration knowing it to be false.—Whoever corruptly uses or attempts to
use as true any such declaration, knowing the same to be false in any material point, shall be punished in
the same manner as if he gave false evidence.
Explanation.—A declaration which is inadmissible merely upon the ground of some informality, is a
declaration within the meaning of section 236 and this section.
238. 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 shall,—
(a) if the offence which he knows or believes to have been committed is punishable with death,
be punished with imprisonment of either description for a term which may extend to seven years, and
shall also be liable to fine;
(b) if the offence is punishable with imprisonment for life, or with imprisonment which may
extend to ten years, be punished with imprisonment of either description for a term which may extend
to three years, and shall also be liable to fine;
(c) if the offence is punishable with imprisonment for any term not extending to ten years, be
punished with imprisonment of the description provided for the offence, for a term which may extend
to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or
with both.
Illustration.
A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from
punishment. A is liable to imprisonment of either description for seven years, and also to fine.
239. 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 which may
extend to five thousand rupees, or with both.
240. 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.
Explanation.—In sections 238 and 239 and in this section the word “offence” includes any act
committed at any place out of India, which, if committed in India, would be punishable under any of the
following sections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2),
(3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and
(8) of section 331, clauses (a) and (b) of section 332.
241. Destruction of document or electronic record to prevent its production as evidence.—
Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to
produce as evidence in a Court or in any proceeding lawfully held before a public servant, as such, or
obliterates or renders illegible the whole or any part of such document or electronic record with the
intention of preventing the same from being produced or used as evidence before such Court or public
servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for
that purpose, shall be punished with imprisonment of either description for a term which may extend to
three years, or with fine which may extend to five thousand rupees, or with both.
242. 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
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or criminal prosecution, shall be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
243. 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 or other competent authority, or from being taken in execution of a
decree or order which has been made, or which he knows to be likely to be made by a Court in a civil
suit, shall be punished with imprisonment of either description for a term which may extend to three
years, or with fine which may extend to five thousand rupees, or with both.
244. 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 practises any deception touching any right to any
property or any interest therein, intending thereby to prevent that property or interest therein from being
taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he
knows to be likely to be pronounced by a Court or other competent authority, or from being taken in
execution of a decree or order which has been made, or which he knows to be likely to be made by a
Court in a civil suit, shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
245. 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.
246. Dishonestly making false claim in Court.—Whoever fraudulently or dishonestly, or with
intent to injure or annoy any person, makes in a Court any claim which he knows to be false, shall be
punished with imprisonment of either description for a term which may extend to two years, and shall
also be liable to fine.
247. 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.
248. 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,—
(a) shall be punished with imprisonment of either description for a term which may extend to five
years, or with fine which may extend to two lakh rupees, or with both;
(b) if such criminal proceeding be instituted on a false charge of an offence punishable with
death, imprisonment for life, or imprisonment for ten years or upwards, shall be punishable with
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imprisonment of either description for a term which may extend to ten years, and shall also be liable
to fine.
249. 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 shall,—
(a) if the offence is punishable with death, be punished with imprisonment of either description
for a term which may extend to five years, and shall also be liable to fine;
(b) if the offence is punishable with imprisonment for life, or with imprisonment which may
extend to ten years, be punished with imprisonment of either description for a term which may extend
to three years, and shall also be liable to fine;
(c) if the offence is punishable with imprisonment which may extend to one year, and not to ten
years, be punished with imprisonment of the description provided for the offence for a term which
may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with
fine, or with both.
Explanation.— “Offence” in this section includes any act committed at any place out of India, which,
if committed in India, would be punishable under any of the following sections, namely, 103, 105, 307,
sub-sections (2), (3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of section 310, 311, 312,
clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331, clauses (a) and (b) of
section 332 and every such act shall, for the purposes of this section, be deemed to be punishable as if the
accused person had been guilty of it in India.
Exception.—This section shall not extend to any case in which the harbour or concealment is by the
spouse of the offender.
Illustration.
A, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal
punishment. Here, as B is liable to imprisonment for life, A is liable to imprisonment of either description
for a term not exceeding three years, and is also liable to fine.
250. 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 shall,—
(a) if the offence is punishable with death, be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine;
(b) if the offence is punishable with imprisonment for life, or with imprisonment which may
extend to ten years, be punished with imprisonment of either description for a term which may extend
to three years, and shall also be liable to fine;
(c) if the offence is punishable with imprisonment not extending to ten years, be punished with
imprisonment of the description provided for the offence for a term which may extend to one-fourth
part of the longest term of imprisonment provided for the offence, or with fine, or with both.
251. 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 restores or causes
the restoration of any property to any person, in consideration of that person’s concealing an offence, or
of his screening any person from legal punishment for any offence, or of his not proceeding against any
person for the purpose of bringing him to legal punishment shall,—
(a) if the offence is punishable with death, be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine;
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(b) if the offence is punishable with imprisonment for life or with imprisonment which may
extend to ten years, be punished with imprisonment of either description for a term which may extend
to three years, and shall also be liable to fine;
(c) if the offence is punishable with imprisonment not extending to ten years, be punished with
imprisonment of the description provided for the offence for a term which may extend to one-fourth
part of the longest term of imprisonment provided for the offence, or with fine, or with both.
Exception.—The provisions of this section and section 250 do not extend to any case in which the
offence may lawfully be compounded.
252. 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 Sanhita, shall, unless
he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be
punished with imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
253. 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, namely:—
(a) if the offence for which the person was in custody or is ordered to be apprehended is
punishable with death, he shall be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine;
(b) if the offence is punishable with imprisonment for life or imprisonment for ten years, he shall
be punished with imprisonment of either description for a term which may extend to three years, with
or without fine;
(c) 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.
Explanation.—“Offence” in this section includes also any act or omission of which a person is
alleged to have been guilty out of India, which, if he had been guilty of it in India, would have been
punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to
be apprehended or detained in custody in India, and every such act or omission shall, for the purposes of
this section, be deemed to be punishable as if the accused person had been guilty of it in India.
Exception.—The provisions of this section do not extend to the case in which the harbour or
concealment is by the spouse of the person to be apprehended.
254. 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, harbours them or
any of them, with the intention of facilitating the commission of such robbery or dacoity, or of screening
them or any of them from punishment, shall be punished with rigorous imprisonment for a term which
may extend to seven years, and shall also be liable to fine.
Explanation.—For the purposes of this section it is immaterial whether the robbery or dacoity is
intended to be committed, or has been committed, within or without India.
Exception.—The provisions of this section do not extend to the case in which the harbour is by the
spouse of the offender.
255.—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
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knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a
less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby
to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both.
256. 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.
257. 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.
258. 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.
259. Intentional omission to apprehend on part of public servant bound to apprehend.—
Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in
confinement any person charged with or liable to be apprehended for an offence, intentionally omits to
apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in
escaping or attempting to escape from such confinement, shall be punished,—
(a) with imprisonment of either description for a term which may extend to seven years, with or
without fine, if the person in confinement, or who ought to have been apprehended, was charged
with, or liable to be apprehended for, an offence punishable with death; or
(b) with imprisonment of either description for a term which may extend to three years, with or
without fine, if the person in confinement, or who ought to have been apprehended, was charged
with, or liable to be apprehended for, an offence punishable with imprisonment for life or
imprisonment for a term which may extend to ten years; or
(c) 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.
260. Intentional omission to apprehend on 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 for any offence or
lawfully committed to custody, intentionally omits to apprehend such person, or intentionally suffers such
person to escape or intentionally aids such person in escaping or attempting to escape from such
confinement, shall be punished,—
(a) with imprisonment for life or with imprisonment of either description for a term which may
extend to fourteen years, with or without fine, if the person in confinement, or who ought to have
been apprehended, is under sentence of death; or
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(b) with imprisonment of either description for a term which may extend to seven years, with or
without fine, if the person in confinement or who ought to have been apprehended, is subject, by a
sentence of a Court, or by virtue of a commutation of such sentence, to imprisonment for life or
imprisonment for a term of ten years, or upwards; or
(c) 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 to imprisonment for a term not extending to ten years or if the person was
lawfully committed to custody.
261. 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 or lawfully committed to custody, negligently suffers such person to
escape from confinement, shall be punished with simple imprisonment for a term which may extend to
two years, or with fine, or with both.
262. 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.
263. 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,—
(a) shall be punished with imprisonment of either description for a term which may extend to two
years, or with fine, or with both; or
(b) if the person to be apprehended, or the person rescued or attempted to be rescued, is charged
with or liable to be apprehended for an offence punishable with imprisonment for life or
imprisonment for a term which may extend to ten years, shall be punished with imprisonment of
either description for a term which may extend to three years, and shall also be liable to fine; or
(c) 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
(d) if the person to be apprehended or rescued, or attempted to be rescued, is liable under the
sentence of a Court or by virtue of a commutation of such a sentence, to imprisonment for life, or
imprisonment for a term of ten years or upwards, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine; or
(e) if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of
death, shall be punished with imprisonment for life or imprisonment of either description for a term
not exceeding ten years, and shall also be liable to fine.
264. 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 259, section 260
or section 261, or in any other law for the time being in force, omits to apprehend that person or suffers
him to escape from confinement, shall be punished—
(a) if he does so intentionally, with imprisonment of either description for a term which may
extend to three years, or with fine, or with both; and
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(b) if he does so negligently, with simple imprisonment for a term which may extend to two
years, or with fine, or with both.
265. 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 262 or section 263 or in any other law
for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful
apprehension of himself or of any other person, or escapes or attempts to escape from any custody in
which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in
which that person is lawfully detained, shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine, or with both.
266. 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.
267. 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 five thousand rupees, or
with both.
268. Personation of assessor.—Whoever, by personation or otherwise, shall intentionally cause, or
knowingly suffer himself to be returned, empanelled or sworn as an assessor in any case in which he
knows that he is not entitled by law to be so returned, empanelled or sworn, or knowing himself to have
been so returned, empanelled or sworn contrary to law, shall voluntarily serve as such assessor, shall be
punished with imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
269. Failure by person released on bail bond or bond to appear in Court.—Whoever, having
been charged with an offence and released on bail bond or on bond, fails without sufficient cause (the
burden of proving which shall lie upon him), to appear in Court in accordance with the terms of the bail
or bond, shall be punished with imprisonment of either description for a term which may extend to one
year, or with fine, or with both.
Explanation.—The punishment under this section is—
(a) in addition to the punishment to which the offender would be liable on a conviction for the
offence with which he has been charged; and
(b) without prejudice to the power of the Court to order forfeiture of the bond.
CHAPTER XV
OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS
270. 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 but a common nuisance is
not excused on the ground that it causes some convenience or advantage.
271. 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.
272. 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
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any disease dangerous to life, shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.
273. Disobedience to quarantine rule.—Whoever knowingly disobeys any rule made by the
Government for putting any mode of transport into a state of quarantine, or for regulating the intercourse
of any such transport in a state of quarantine or for regulating the intercourse between places where an
infectious disease prevails and other places, shall be punished with imprisonment of either description for
a term which may extend to six months, or with fine, or with both.
274. 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 five thousand rupees, or with both.
275. 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 or drink,
knowing or having reason to believe that the same is noxious as food or drink, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine which may
extend to five thousand rupees, or with both.
276. 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 if it had not undergone such adulteration, shall be punished with
imprisonment of either description for a term which may extend to one year, or with fine which may
extend to five thousand rupees, or with both.
277. 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 five thousand rupees, or with both.
278. 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 five thousand rupees, or with
both.
279. 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 six months, or
with fine which may extend to five thousand rupees, or with both.
280. 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 one
thousand rupees.
281. 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.
282. 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 ten thousand rupees, or with both.
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283. 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, and with fine which
shall not be less than ten thousand rupees.
284. 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 five thousand rupees, or with both.
285. 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 five thousand rupees.
286. 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 any probable danger to human life from such
poisonous substance, shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to five thousand rupees, or with both.
287. 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 two thousand
rupees, or with both.
288. 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 five thousand rupees, or with both.
289. 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 five thousand rupees, or with both.
290. Negligent conduct with respect to pulling down, repairing or constructing buildings, etc.—
Whoever, in pulling down, repairing or constructing any building, knowingly or negligently omits to take
such measures with that building as is sufficient to guard against any probable danger to human life from
the fall of that building, or of any part thereof, shall be punished with imprisonment of either description
for a term which may extend to six months, or with fine which may extend to five thousand rupees, or
with both.
291. Negligent conduct with respect to animal.—Whoever knowingly or negligently omits to take
such measures with any animal in his possession as is sufficient to guard against any probable danger to
human life, or any probable danger of grievous hurt from such animal, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine which may
extend to five thousand rupees, or with both.
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292. Punishment for public nuisance in cases not otherwise provided for.—Whoever commits a
public nuisance in any case not otherwise punishable by this Sanhita shall be punished with fine which
may extend to one thousand rupees.
293. 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 which may extend to five thousand rupees or with both.
294. Sale, etc., of obscene books, etc.—(1) For the purposes of sub-section (2), a book, pamphlet,
paper, writing, drawing, painting, representation, figure or any other object, including display of any
content in electronic form shall be deemed to be obscene if it is lascivious or appeals to the prurient
interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its
items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard
to all relevant circumstances, to read, see or hear the matter contained or embodied in it.
(2) Whoever—
(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for
purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his
possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any
other obscene object whatsoever in whatever manner; or
(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing
or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited
or in any manner put into circulation; or
(c) takes part in or receives profits from any business in the course of which he knows or has
reason to believe that any such obscene objects are, for any of the purposes aforesaid, made
produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put
into circulation; or
(d) advertises or makes known by any means whatsoever that any person is engaged or is ready
to engage in any act which is an offence under this section, or that any such obscene object can be
procured from or through any person; or
(e) offers or attempts to do any act which is an offence under this section,
shall be punished on first conviction with imprisonment of either description for a term which may
extend to two years, and with fine which may extend to five thousand rupees, and, in the event of a
second or subsequent conviction, with imprisonment of either description for a term which may extend to
five years, and also with fine which may extend to ten thousand rupees.
Exception.—This section does not extend to—
(a) any book, pamphlet, paper, writing, drawing, painting, representation or figure—
(i) the publication of which is proved to be justified as being for the public good on the ground
that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest
of science, literature, art or learning or other objects of general concern; or
(ii) which is kept or used bona fide for religious purposes;
(b) any representation sculptured, engraved, painted or otherwise represented on or in—
(i) any ancient monument within the meaning of the Ancient Monuments and Archaeological
Sites and Remains Act, 1958 (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.
295. Sale, etc., of obscene objects to child.—Whoever sells, lets to hire, distributes, exhibits or
circulates to any child any such obscene object as is referred to in section 294, or offers or attempts so to
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do, shall be punished on first conviction with imprisonment of either description for a term which may
extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a
second or subsequent conviction, with imprisonment of either description for a term which may extend to
seven years, and also with fine which may extend to five thousand rupees.
296. 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 which may extend to one thousand rupees, or with both.
297. Keeping lottery office.—(1) Whoever keeps any office or place for the purpose of drawing any
lottery not being a State lottery or a lottery authorised by the State Government, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine, or with both.
(2) Whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear from
doing anything for the benefit of any person, on any event or contingency relative or applicable to the
drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may
extend to five thousand rupees.
CHAPTER XVI
OF OFFENCES RELATING TO RELIGION
298. Injuring or defiling place of worship with intent to insult 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.
299. 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 citizens of India, by words, either spoken or written, or by
signs or by visible representations or through electronic means or otherwise, insults or attempts to insult
the religion or the religious beliefs of that class, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both.
300. 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.
301. 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 sepulchre, or any place set apart for the
performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any
human corpse, or causes disturbance to any persons assembled for the performance of funeral
ceremonies, shall be punished with imprisonment of either description for a term which may extend to
one year, or with fine, or with both.
302. Uttering words, etc., with deliberate intent to wound religious feelings of any person.—
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.
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CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
Of theft
303. Theft.—(1) Whoever, intending to take dishonestly any movable property out of the possession
of any person without that person’s consent, moves that property in order to such taking, is said to
commit theft.
Explanation 1.—A thing so long as it is attached to the earth, not being movable property, is not the
subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the
earth.
Explanation 2.—A moving effected by the same act which affects the severance may be a theft.
Explanation 3.—A person is said to cause a thing to move by removing an obstacle which prevented
it from moving or by separating it from any other thing, as well as by actually moving it.
Explanation 4.—A person, who by any means causes an animal to move, is said to move that animal,
and to move everything which, in consequence of the motion so caused, is moved by that animal.
Explanation 5.—The consent mentioned in this section may be express or implied, and may be given
either by the person in possession, or by any person having for that purpose authority either express or
implied.
Illustrations.
(a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s
possession without Z’s consent. Here, as soon as A has severed the tree in order to such taking, he has
committed theft.
(b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A’s intention
be dishonestly to take the dog out of Z’s possession without Z’s consent. A has committed theft as soon
as Z’s dog has begun to follow A.
(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 highroad, not in the possession of any person. A, by taking it, commits
no theft, though he may commit criminal misappropriation of property.
(h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the
ring immediately for fear of search and detection, A hides the ring in a place where it is highly
improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and
selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft.
(i) A delivers his watch to Z, a jeweler, to be regulated. Z carries it to his shop. A, not owing to the
jeweler any debt for which the jeweler might lawfully detain the watch as a security, enters the shop
openly, takes his watch by force out of Z’s hand, and carries it away. Here A, though he may have
committed criminal trespass and assault, has not committed theft, in as much as what he did was not done
dishonestly.
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(j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for
the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as
a security for his debt, he commits theft, in as much as he takes it dishonestly.
(k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not
having paid what he borrowed on the watch, he commits theft, though the watch is his own property in as
much as he takes it dishonestly.
(l) A takes an article belonging to Z out of Z’s possession without Z’s consent, with the intention of
keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has
therefore committed theft.
(m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book
without Z’s express consent for the purpose merely of reading it, and with the intention of returning it.
Here, it is probable that A may have conceived that he had Z’s implied consent to use Z’s book. If this
was A’s impression, A has not committed theft.
(n) A asks charity from Z’s wife. She gives A money, food and clothes, which A knows to belong to
Z her husband. Here it is probable that A may conceive that Z’s wife is authorised to give away alms. If
this was A’s impression, A has not committed theft.
(o) A is the paramour of Z’s wife. She gives a valuable property, which A knows to belong to her
husband Z, and to be such property as she has no authority from Z to give. If A takes the property
dishonestly, he commits theft.
(p) A, in good faith, believing property belonging to Z to be A’s own property, takes that property out
of Z’s possession. Here, as A does not take dishonestly, he does not commit theft.
(2) Whoever commits theft shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both and in case of second or subsequent
conviction of any person under this section, he shall be punished with rigorous imprisonment for a term
which shall not be less than one year but which may extend to five years and with fine:
Provided that in cases of theft where the value of the stolen property is less than five thousand rupees,
and a person is convicted for the first time, shall upon return of the value of property or restoration of the
stolen property, shall be punished with community service.
304. Snatching.—(1) Theft is snatching if, in order to commit theft, the offender suddenly or quickly
or forcibly seizes or secures or grabs or takes away from any person or from his possession any movable
property.
(2) Whoever commits snatching, shall be punished with imprisonment of either description for a term
which may extend to three years, and shall also be liable to fine.
305. Theft in a dwelling house, or means of transportation or place of worship, etc.—Whoever
commits theft—
(a) in any building, tent or vessel used as a human dwelling or used for the custody of property;
or
(b) of any means of transport used for the transport of goods or passengers; or
(c) of any article or goods from any means of transport used for the transport of goods or
passengers; or
(d) of idol or icon in any place of worship; or
(e) of any property of the Government or of a local authority,
shall be punished with imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.
306. 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
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in the possession of his master or employer, shall be punished with imprisonment of either description for
a term which may extend to seven years, and shall also be liable to fine.
307. Theft after preparation made for causing death, hurt or restraint in order to committing
of 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.
(b) A picks Z’s pocket, having posted several of his companions near him, in order that they may
restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A
has committed the offence defined in this section.
Of extortion
308. Extortion.—(1) Whoever intentionally puts any person in fear of any injury to that person, or to
any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property,
or valuable security or anything signed or sealed which may be converted into a valuable security,
commits extortion.
Illustrations.
(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus
induces Z to give him money. A has committed extortion.
(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver
to A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has
committed extortion.
(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 signs and delivers the paper to A. Here, as the paper so signed may be
converted into a valuable security. A has committed extortion.
(e) A threatens Z by sending a message through an electronic device that “Your child is in my
possession, and will be put to death unless you send me one lakh rupees.” A thus induces Z to give him
money. A has committed extortion.
(2) Whoever commits extortion shall be punished with imprisonment of either description for a term
which may extend to seven years, or with fine, or with both.
(3) Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any
person in fear, of any injury, shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.
(4) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of
death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
(5) Whoever commits extortion by putting any person in fear of death or of grievous hurt to that
person or to any other, shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
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(6) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an
accusation, against that person or any other, of having committed, or attempted to commit, an offence
punishable with death or with imprisonment for life, or with imprisonment for a term which may extend
to ten years, shall be punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.
(7) Whoever commits extortion by putting any person in fear of an accusation against that person or
any other, of having committed or attempted to commit any offence punishable with death, or with
imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having
attempted to induce any other person to commit such offence, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine.
Of robbery and dacoity
309. Robbery.—(1) In all robbery there is either theft or extortion.
(2) Theft is robbery if, in order to the committing of the theft, or in committing the theft, or in
carrying away or attempting to carry away property obtained by the theft, the offender, for that end
voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant
death or of instant hurt, or of instant wrongful restraint.
(3) Extortion is robbery if the offender, at the time of committing the extortion, is in the presence of
the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant
hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear,
induces the person so put in fear then and there to deliver up the thing extorted.
Explanation.—The offender is said to be present if he is sufficiently near to put the other person in
fear of instant death, of instant hurt, or of instant wrongful restraint.
Illustrations.
(a) A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, without Z’s
consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused
wrongful restraint to Z. A has therefore committed robbery.
(b) A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in consequence, surrenders
his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the
time of committing the extortion in his presence. A has therefore committed robbery.
(c) A meets Z and Z’s child on the high road. A takes the child, and threatens to fling it down a
precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the
purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore
committed robbery on Z.
(d) A obtains property from Z by saying—“Your child is in the hands of my gang, and will be put to
death unless you send us ten thousand rupees”. This is extortion, and punishable as such; but it is not
robbery, unless Z is put in fear of the instant death of his child.
(4) Whoever commits robbery shall be punished with rigorous imprisonment for a term which may
extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway
between sunset and sunrise, the imprisonment may be extended to fourteen years.
(5) Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term
which may extend to seven years, and shall also be liable to fine.
(6) If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such
person, and any other person jointly concerned in committing or attempting to commit such robbery, shall
be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to
ten years, and shall also be liable to fine.
310. Dacoity.—(1) When five or more persons conjointly commit or attempt to commit a robbery, or
where the whole number of persons conjointly committing or attempting to commit a robbery, and
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persons present and aiding such commission or attempt, amount to five or more, every person so
committing, attempting or aiding, is said to commit dacoity.
(2) Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable to fine.
(3) If any one of five or more persons, who are conjointly committing dacoity, commits murder in so
committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or
rigorous imprisonment for a term which shall not be less than ten years, and shall also be liable to fine.
(4) Whoever makes any preparation for committing dacoity, shall be punished with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable to fine.
(5) Whoever is one of five or more persons assembled for the purpose of committing dacoity, shall be
punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable
to fine.
(6) Whoever belongs to a gang of persons associated for the purpose of habitually committing
dacoity, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which
may extend to ten years, and shall also be liable to fine.
311. 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, or attempts to cause death or grievous hurt to any person, the imprisonment with which such
offender shall be punished shall not be less than seven years.
312. 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.
313. Punishment for belonging to gang of robbers, etc.—Whoever belongs to any gang of persons
associated in habitually committing theft or robbery, and not being a gang of dacoits, shall be punished
with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Of criminal misappropriation of property
314. 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 shall not be less than six months but which may extend to two years and with fine.
Illustrations.
(a) A takes property belonging to Z out of Z’s possession, in good faith believing at the time when he
takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his
mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this
section.
(b) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book
without Z’s express consent. Here, if A was under the impression that he had Z’s implied consent to take
the book for the purpose of reading it, A has not committed theft. But, if A afterwards sells the book for
his own benefit, he is guilty of an offence under this section.
(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 within the
meaning of this section.
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Illustration.
A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that
the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore
it to Z. A has committed an offence under this section.
Explanation 2.—A person who finds property not in the possession of any other person, and takes
such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or
misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above
defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner,
or before he has used reasonable means to discover and give notice to the owner and has kept the
property a reasonable time to enable the owner to claim it.
What are reasonable means or what is a reasonable time in such a case, is a question of fact.
It is not necessary that the finder should know who is the owner of the property, or that any particular
person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his
own property, or in good faith believe that the real owner cannot be found.
Illustrations.
(a) A finds a rupee on the high road, not knowing to whom the rupee belongs, A picks up the rupee.
Here A has not committed the offence defined in this section.
(b) A finds a letter on the road, containing a bank-note. From the direction and contents of the letter
he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this
section.
(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.
(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it
to Z, but afterwards appropriates it to his own use. A has committed an offence under this section.
(e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it
belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section.
(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without
attempting to discover the owner. A is guilty of an offence under this section.
315. Dishonest misappropriation of property possessed by deceased person at the time of his
death.—Whoever dishonestly misappropriates or converts to his own use any property, knowing that
such property was in the possession of a deceased person at the time of that person’s decease, and has not
since been in the possession of any person legally entitled to such possession, shall be punished with
imprisonment of either description for a term which may extend to three years, and shall also be liable to
fine, and if the offender at the time of such person’s decease was employed by him as a clerk or servant,
the imprisonment may extend to seven years.
Illustration.
Z dies in possession of furniture and money. His servant A, before the money comes into the
possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the
offence defined in this section.
316. Criminal breach of trust.—(1) Whoever, being in any manner entrusted with property, or with
any dominion over property, dishonestly misappropriates or converts to his own use that property, or
dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in
which such trust is to be discharged, or of any legal contract, express or implied, which he has made
touching the discharge of such trust, or wilfully suffers any other person so to do, commits criminal
breach of trust.
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Explanation 1.—A person, being an employer of an establishment whether exempted under
section 17 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) or
not who deducts the employee’s contribution from the wages payable to the employee for credit to a
Provident Fund or Family Pension Fund established by any law for the time being in force, shall be
deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes
default in the payment of such contribution to the said Fund in violation of the said law, shall be deemed
to have dishonestly used the amount of the said contribution in violation of a direction of law as
aforesaid.
Explanation 2.—A person, being an employer, who deducts the employees’ contribution from the
wages payable to the employee for credit to the Employees’ State Insurance Fund held and administered
by the Employees’ State Insurance Corporation established under the Employees’ State Insurance
Act, 1948 (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 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 Kolkata, 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 one lakh of rupees to A, with directions to A to invest the same in Company’s paper. A dishonestly
disobeys the directions and employs the money in his own business. A has committed criminal breach of
trust.
(d) But if A, in illustration (c), not dishonestly but in good faith, believing that it will be more for Z’s
advantage to hold shares in the Bank of Bengal, disobeys Z’s directions, and buys shares in the Bank of
Bengal, for Z, instead of buying Company’s paper, here, though Z should suffer loss, and should be
entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has
not committed criminal breach of trust.
(e) A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a
contract, express or implied, with the Government, to pay into a certain treasury all the public money
which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust.
(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly
misappropriates the property. A has committed criminal breach of trust.
(2) Whoever commits criminal breach of trust shall be punished with imprisonment of either
description for a term which may extend to five years, or with fine, or with both.
(3) Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits
criminal breach of trust in respect of such property, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
(4) Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner
entrusted in such capacity with property, or with any dominion over property, commits criminal breach of
trust in respect of that property, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.
(5) Whoever, being in any manner entrusted with property, or with any dominion over property in his
capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or
agent commits criminal breach of trust in respect of that property, shall be punished with imprisonment
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for life, or with imprisonment of either description for a term which may extend to ten years, and shall
also be liable to fine.
Of receiving stolen property
317. Stolen property.—(1) Property, the possession whereof has been transferred by theft or
extortion or robbery or cheating, and property which has been criminally misappropriated or in respect of
which criminal breach of trust has been committed, is designated as stolen property, whether the transfer
has been made, or the misappropriation or breach of trust has been committed, within or without India,
but, if such property subsequently comes into the possession of a person legally entitled to the possession
thereof, it then ceases to be stolen property.
(2) Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe
the same to be stolen property, shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both.
(3) Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or
has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from
a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits,
property which he knows or has reason to believe to have been stolen, shall be punished with
imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall
also be liable to fine.
(4) Whoever habitually receives or deals in property which he knows or has reason to believe to be
stolen property, shall be punished with imprisonment for life, or with imprisonment of either description
for a term which may extend to ten years, and shall also be liable to fine.
(5) Whoever voluntarily assists in concealing or disposing of or making away with property which he
knows or has reason to believe to be stolen property, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with both.
Of cheating
318. Cheating.—(1) Whoever, by deceiving any person, fraudulently or dishonestly induces the
person so deceived to deliver any property to any person, or to consent that any person shall retain any
property, or intentionally induces the person so deceived to do or omit to do anything which he would not
do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or
harm to that person in body, mind, reputation or property, is said to cheat.
Explanation.—A dishonest concealment of facts is a deception within the meaning of this section.
Illustrations.
(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly
induces Z to let him have on credit goods for which he does not mean to pay. A cheats.
(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this
article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for
the article. A cheats.
(c) A, by exhibiting to Z a false sample of an article intentionally deceives Z into believing that the
article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A
cheats.
(d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by
which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly
induces Z to deliver the article, intending not to pay for it. A cheats.
(e) A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z,
and thereby dishonestly induces Z to lend money. A cheats.
(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him
and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats.
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(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo
plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the
faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo
plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a
civil action for breach of contract.
(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z,
which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.
(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to
the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and
conveyance to B, and receives the purchase or mortgage money from Z. A cheats.
(2) Whoever cheats shall be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
(3) Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person
whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal
contract, to protect, shall be punished with imprisonment of either description for a term which may
extend to five years, or with fine, or with both.
(4) Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to
any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is
signed or sealed, and which is capable of being converted into a valuable security, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be liable to
fine.
319. Cheating by personation.—(1) A person is said to cheat by personation if he cheats by
pretending to be some other person, or by knowingly substituting one person for or another, or
representing that he or any other person is a person other than he or such other person really is.
Explanation.—The offence is committed whether the individual personated is a real or imaginary
person.
Illustrations.
(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.
(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.
(2) Whoever cheats by personation shall be punished with imprisonment of either description for a
term which may extend to five years, or with fine, or with both.
Of fraudulent deeds and dispositions of property
320. 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 shall not be less than six months but which may
extend to two years, or with fine, or with both.
321. 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.
322. 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
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the person or persons for whose use or benefit it is really intended to operate, shall be punished with
imprisonment of either description for a term which may extend to three years, or with fine, or with both.
323. 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 three years, or with fine, or with both.
Of mischief
324. Mischief.—(1) Whoever with intent to cause, or knowing that he is likely to cause, wrongful
loss or damage to the public or to any person, causes the destruction of any property, or any such change
in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it
injuriously, commits mischief.
Explanation 1.—It is not essential to the offence of mischief that the offender should intend to cause
loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or
knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether
it belongs to that person or not.
Explanation 2.—Mischief may be committed by an act affecting property belonging to the person
who commits the act, or to that person and others jointly.
Illustrations.
(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A
has committed mischief.
(b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending
wrongful loss to Z. A has committed mischief.
(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing
wrongful loss to Z. A has committed mischief.
(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from
him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of
the debt, and of thus causing damage to Z. A has committed mischief.
(e) A having insured a ship, voluntarily causes the same to be cast away, with the intention of causing
damage to the underwriters. A has committed mischief.
(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on
bottomry on the ship. A has committed mischief.
(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful
loss to Z. A has committed mischief.
(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is
likely to cause damage to Z’s crop. A has committed mischief.
(2) Whoever commits mischief shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine, or with both.
(3) Whoever commits mischief and thereby causes loss or damage to any property including the
property of Government or Local Authority shall be punished with imprisonment of either description for
a term which may extend to one year, or with fine, or with both.
(4) Whoever commits mischief and thereby causes loss or damage to the amount of twenty thousand
rupees and more but less than one lakh rupees shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
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(5) Whoever commits mischief and thereby causes loss or damage to the amount of one lakh rupees
or upwards, shall be punished with imprisonment of either description for a term which may extend to
five years, or with fine, or with both.
(6) Whoever commits mischief, having made preparation for causing to any person death, or hurt, or
wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with
imprisonment of either description for a term which may extend to five years, and shall also be liable to
fine.
325. Mischief by killing or maiming animal.—Whoever commits mischief by killing, poisoning,
maiming or rendering useless any animal shall be punished with imprisonment of either description for a
term which may extend to five years, or with fine, or with both.
326. Mischief by injury, inundation, fire or explosive substance, etc.—Whoever commits
mischief by,—
(a) doing any act which causes, or which he knows to be likely to cause, a diminution of the supply
of water for agricultural purposes, or for food or drink for human beings or for animals which are
property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of
either description for a term which may extend to five years, or with fine, or with both;
(b) doing any act which renders or which he knows to be likely to render any public road, bridge,
navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or
conveying property, shall be punished with imprisonment of either description for a term which may
extend to five years, or with fine, or with both;
(c) 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;
(d) destroying or moving any sign or signal used for navigation of rail, aircraft or ship or other thing
placed as a guide for navigators, or by any act which renders any such sign or signal less useful as a guide
for navigators, shall be punished with imprisonment of either description for a term which may extend to
seven years, or with fine, or with both;
(e) destroying or moving any land-mark fixed by the authority of a public servant, or by any act
which renders such land-mark less useful as such, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or with both;
(f) fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby
cause, damage to any property including agricultural produce, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine;
(g) fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby
cause, the destruction of any building which is ordinarily used as a place of worship or as a human
dwelling or as a place for the custody of property, shall be punished with imprisonment for life, or with
imprisonment of either description for a term which may extend to ten years, and shall also be liable to
fine.
327. Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of
twenty tons burden.—(1) Whoever commits mischief to any rail, aircraft, or a decked vessel or any
vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be
likely that he will thereby destroy or render unsafe, that rail, aircraft or vessel, shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall also be liable to
fine.
(2) Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is
described in sub-section (1), shall be punished with imprisonment for life or with imprisonment of either
description for a term which may extend to ten years, and shall also be liable to fine.
328. 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
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property contained therein or to dishonestly misappropriate any such property, or with intent that such
theft or misappropriation of property may be committed, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be liable to fine.
Of criminal trespass
329. Criminal trespass and house-trespass.—(1) Whoever enters into or upon property in the
possession of another with intent to commit an offence or to intimidate, insult or annoy any person in
possession of such property or having lawfully entered into or upon such property, unlawfully remains
there with intent thereby to intimidate, insult or annoy any such person or with intent to commit an
offence is said to commit criminal trespass.
(2) Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel
used as a human dwelling or any building used as a place for worship, or as a place for the custody of
property, is said to commit house-trespass.
Explanation.—The introduction of any part of the criminal trespasser’s body is entering sufficient to
constitute house-trespass.
(3) Whoever commits criminal trespass shall be punished with imprisonment of either description for
a term which may extend to three months, or with fine which may extend to five thousand rupees, or with
both.
(4) Whoever commits house-trespass shall be punished with imprisonment of either description for a
term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.
330. House-trespass and house-breaking.—(1) Whoever commits house-trespass having taken
precautions to conceal such house-trespass from some person who has a right to exclude or eject the
trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit lurking
house-trespass.
(2) A person is said to commit house-breaking who commits house-trespass if he effects his entrance
into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or
any part of it for the purpose of committing an offence, or having committed an offence therein, he quits
the house or any part of it in any of the following ways, namely:—
(a) if he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in
order to the committing of the house-trespass;
(b) if he enters or quits through any passage not intended by any person, other than himself or an
abettor of the offence, for human entrance; or through any passage to which he has obtained access by
scaling or climbing over any wall or building;
(c) 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;
(d) if he enters or quits by opening any lock in order to the committing of the house-trespass, or in
order to the quitting of the house after a house-trespass;
(e) if he effects his entrance or departure by using criminal force or committing an assault, or by
threatening any person with assault;
(f) if he enters or quits by any passage which he knows to have been fastened against such entrance or
departure, and to have been unfastened by himself or by an abettor of the house-trespass.
Explanation.—Any out-house or building occupied with a house, and between which and such house
there is an immediate internal communication, is part of the house within the meaning of this section.
Illustrations.
(a) A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand
through the aperture. This is house-breaking.
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(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 housetrespass by entering the house. This is house-breaking.
(h) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by entering the
house, having deterred Z from opposing him by threatening to beat him. This is house-breaking.
331. Punishment for house-trespass or house-breaking.—(1) Whoever commits lurking housetrespass or house-breaking, shall be punished with imprisonment of either description for a term which
may extend to two years, and shall also be liable to fine.
(2) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, shall
be punished with imprisonment of either description for a term which may extend to three years, and
shall also be liable to fine.
(3) Whoever commits lurking house-trespass or house-breaking, in order to the committing of any
offence punishable with imprisonment, shall be punished with imprisonment of either description for a
term which may extend to three years, and shall also be liable to fine; and if the offence intended to be
committed is theft, the term of the imprisonment may be extended to ten years.
(4) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, in
order to the committing of any offence punishable with imprisonment, shall be punished with
imprisonment of either description for a term which may extend to five years, and shall also be liable to
fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended
to fourteen years.
(5) Whoever commits lurking house-trespass, or house-breaking, having made preparation for
causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for
putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with
imprisonment of either description or a term which may extend to ten years, and shall also be liable to
fine.
(6) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise,
having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully
restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint,
shall be punished with imprisonment of either description for a term which may extend to fourteen years,
and shall also be liable to fine.
(7) Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to
any person or attempts to cause death or grievous hurt to any person, shall be punished with
imprisonment for life, or imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
(8) If, at the time of the committing of lurking house-trespass or house-breaking after sunset and
before sunrise, any person guilty of such offence shall voluntarily cause or attempt to cause death or
grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass or
house-breaking after sunset and before sunrise, shall be punished with imprisonment for life, or with
imprisonment of either description for a term which may extend to ten years, and shall also be liable to
fine.
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332. House-trespass in order to commit offence.—Whoever commits house-trespass in order to the
committing of any offence—
(a) punishable with death, shall be punished with imprisonment for life, or with rigorous
imprisonment for a term not exceeding ten years, and shall also be liable to fine;
(b) punishable with imprisonment for life, shall be punished with imprisonment of either
description for a term not exceeding ten years, and shall also be liable to fine;
(c) 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:
Provided that if the offence intended to be committed is theft, the term of the imprisonment may be
extended to seven years.
333. House-trespass after 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 any person in fear of hurt, or of assault, or
of wrongful restraint, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
334. Dishonestly breaking open receptacle containing property.—(1) Whoever dishonestly or
with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which
he believes to contain property, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
(2) Whoever, being entrusted with any closed receptacle which contains or which he believes to
contain property, without having authority to open the same, dishonestly, or with intent to commit
mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with both.
CHAPTER XVIII
OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS
335. Making a false document.—A person is said to make a false document or false electronic
record—
(A) Who dishonestly or fraudulently—
(i) makes, signs, seals or executes a document or part of a document;
(ii) makes or transmits any electronic record or part of any electronic record;
(iii) affixes any electronic signature on any electronic record;
(iv) makes any mark denoting the execution of a document or the authenticity of the
electronic signature,
with the intention of causing it to be believed that such document or part of document, electronic
record or electronic signature was made, signed, sealed, executed, transmitted or affixed by or by the
authority of a person by whom or by whose authority he knows that it was not made, signed, sealed,
executed or affixed; or
(B) Who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise,
alters a document or an electronic record in any material part thereof, after it has been made, executed
or affixed with electronic signature either by himself or by any other person, whether such person be
living or dead at the time of such alteration; or
(C) Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document
or an electronic record or to affix his electronic signature on any electronic record knowing that such
person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception
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practised upon him, he does not know the contents of the document or electronic record or the nature
of the alteration.
Illustrations.
(a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds
cipher to the 10,000, and makes the sum 1,00,000 intending that it may be believed by B that Z so wrote
the letter. A has committed forgery.
(b) A, without Z’s authority, affixes Z’s seal to a document purporting to be a conveyance of an
estate from Z to A, with the intention of selling the estate to B and thereby of obtaining from B the
purchase-money. A has committed forgery.
(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 authorises B to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the
purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of
twenty thousand rupees. B commits forgery.
(e) A draws a bill of exchange on himself in the name of B without B’s authority, intending to
discount it as a genuine bill with a banker and intending to take up the bill on its maturity. Here, as A
draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B,
and thereby to discount the bill, A is guilty of forgery.
(f) Z’s will contains these words—“I direct that all my remaining property be equally divided
between A, B and C.” A dishonestly scratches out B’s name, intending that it may be believed that the
whole was left to himself and C. A has committed forgery.
(g) A endorses a Government promissory note and makes it payable to Z or his order by writing on
the bill the words “Pay to Z or his order” and signing the endorsement. B dishonestly erases the words
“Pay to Z or his order”, and thereby converts the special endorsement into a blank endorsement. B
commits forgery.
(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a
conveyance of the same estate to B, dated six months earlier than the date of the conveyance to Z,
intending it to be believed that he had conveyed the estate to B before he conveyed it to Z. A has
committed forgery.
(i) Z dictates his will to A. A intentionally writes down a different legatee from the legatee named
by Z, and by representing to Z that he has prepared the will according to his instructions, induces Z to
sign the will. A has committed forgery.
(j) A writes a letter and signs it with B’s name without B’s authority, certifying that A is a man of
good character and in distressed circumstances from unforeseen misfortune, intending by means of such
letter to obtain alms from Z and other persons. Here, as A made a false document in order to induce Z to
part with property, A has committed forgery.
(k) A without B’s authority writes a letter and signs it in B’s name certifying to A’s character,
intending thereby to obtain employment under Z. A has committed forgery in as much as he intended to
deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract
for service.
Explanation 1.—A man’s signature of his own name may amount to forgery.
Illustrations.
(a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was
drawn by another person of the same name. A has committed forgery.
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(b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in order that B may
afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it
had been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the bill upon the paper
pursuant to A’s intention, B is also guilty of forgery.
(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 fictitious person, intending it to be
believed that the document was made by a real person, or in the name of a deceased person, intending it
to be believed that the document was made by the person in his lifetime, may amount to forgery.
Illustration.
A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of
such fictitious person with intent to negotiate it. A commits forgery.
Explanation 3.—For the purposes of this section, the expression “affixing electronic signature” shall
have the meaning assigned to it in clause (d) of sub-section (1) of section 2 of the Information
Technology Act, 2000 (21 of 2000).
336. Forgery.—(1) Whoever makes any false document or false electronic record or part of a
document or electronic record, with intent to cause damage or injury, to the public or to any person, or to
support any claim or title, or to cause any person to part with property, or to enter into any express or
implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.
(2) Whoever commits forgery shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
(3) Whoever commits forgery, intending that the document or electronic record forged shall be used
for the purpose of cheating, shall be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine.
(4) Whoever commits forgery, intending that the document or electronic record forged shall harm the
reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with
imprisonment of either description for a term which may extend to three years, and shall also be liable to
fine.
337. Forgery of record of Court or of public register, etc.—Whoever forges a document or an
electronic record, purporting to be a record or proceeding of or in a Court or an identity document issued
by Government including voter identity card or Aadhaar Card, or a register of birth, marriage or burial, or
a register kept by a public servant as such, or a certificate or document purporting to be made by a public
servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings
therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
Explanation.—For the purposes of this section, “register” includes any list, data or record of any
entries maintained in the electronic form as defined in clause (r) of sub-section (1) of section 2 of the
Information Technology Act, 2000 (21 of 2000).
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338. 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 imprisonment for life, or
with imprisonment of either description for a term which may extend to ten years, and shall also be liable
to fine.
339. Having possession of document described in section 337 or section 338, knowing it to be
forged and intending to use it as genuine.—Whoever has in his possession any document or electronic
record, knowing the same to be forged and intending that the same shall fraudulently or dishonestly be
used as genuine, shall, if the document or electronic record is one of the description mentioned in section
337 of this Sanhita, be punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine; and if the document is one of the description mentioned in
section 338, shall be punished with imprisonment for life, or with imprisonment of either description, for
a term which may extend to seven years, and shall also be liable to fine.
340. Forged document or electronic record and using it as genuine.—(1) A false document or
electronic record made wholly or in part by forgery is designated a forged document or electronic record.
(2) Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he
knows or has reason to believe to be a forged document or electronic record, shall be punished in the
same manner as if he had forged such document or electronic record.
341. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under
section 338.—(1) Whoever makes or counterfeits any seal, plate or other instrument for making an
impression, intending that the same shall be used for the purpose of committing any forgery which would
be punishable under section 338 of this Sanhita, or, with such intent, has in his possession any such seal,
plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment for
life, or with imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine.
(2) Whoever makes or counterfeits any seal, plate or other instrument for making an impression,
intending that the same shall be used for the purpose of committing any forgery which would be
punishable under any section of this Chapter other than section 338, or, with such intent, has in his
possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished
with imprisonment of either description for a term which may extend to seven years, and shall also be
liable to fine.
(3) Whoever possesses any seal, plate or other instrument knowing the same to be counterfeit, shall
be punished with imprisonment of either description for a term which may extend to three years, and
shall also be liable to fine.
(4) Whoever fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing
or having reason to believe the same to be counterfeit, shall be punished in the same manner as if he had
made or counterfeited such seal, plate or other instrument.
342. Counterfeiting device or mark used for authenticating documents described in section 338,
or possessing counterfeit marked material.—(1) Whoever counterfeits upon, or in the substance of,
any material, any device or mark used for the purpose of authenticating any document described in
section 338, intending that such device or mark shall be used for the purpose of giving the appearance of
authenticity to any document then forged or thereafter to be forged on such material, or who, with such
intent, has in his possession any material upon or in the substance of which any such device or mark has
been counterfeited, shall be punished with imprisonment for life, or with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
(2) Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the
purpose of authenticating any document or electronic record other than the documents described in
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section 338, intending that such device or mark shall be used for the purpose of giving the appearance of
authenticity to any document then forged or thereafter to be forged on such material, or who with such
intent, has in his possession any material upon or in the substance of which any such device or mark has
been counterfeited, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
343. 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 imprisonment
for life, or with imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine.
344. Falsification of accounts.—Whoever, being a clerk, officer or servant, or employed or acting in
the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates
or falsifies any book, electronic record, paper, writing, valuable security or account which belongs to or is
in the possession of his employer, or has been received by him for or on behalf of his employer, or
wilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or
abets the omission or alteration of any material particular from or in, any such book, electronic record,
paper, writing, valuable security or account, shall be punished with imprisonment of either description for
a term which may extend to seven years, or with fine, or with both.
Explanation.—It shall be sufficient in any charge under this section to allege a general intent to
defraud without naming any particular person intended to be defrauded or specifying any particular sum
of money intended to be the subject of the fraud, or any particular day on which the offence was
committed.
Of property marks
345. Property mark.—(1) A mark used for denoting that movable property belongs to a particular
person is called a property mark.
(2) Whoever marks any movable property or goods or any case, package or other receptacle
containing movable property or goods, or uses any case, package or other receptacle having any mark
thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so
marked, or any property or goods contained in any such receptacle so marked, belong to a person to
whom they do not belong, is said to use a false property mark.
(3) Whoever uses any false property mark shall, unless he proves that he acted without intent to
defraud, be punished with imprisonment of either description for a term which may extend to one year, or
with fine, or with both.
346. 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.
347. Counterfeiting a property mark.—(1) Whoever counterfeits any property mark used by any
other person shall be punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
(2) Whoever counterfeits any property mark used by a public servant, or any mark used by a public
servant to denote that any property has been manufactured by a particular person or at a particular time or
place, or that the property is of a particular quality or has passed through a particular office, or that it is
entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be
punished with imprisonment of either description for a term which may extend to three years, and shall
also be liable to fine.
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348. 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
property mark, or has in his possession a property mark for the purpose of denoting that any goods belong
to a person to whom they do not belong, shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.
349. Selling goods marked with a counterfeit property mark.—Whoever sells, or exposes, or has
in possession for sale, any goods or things with a counterfeit property mark affixed to or impressed upon
the same or to or upon any case, package or other receptacle in which such goods are contained, shall,
unless he proves—
(a) that, having taken all reasonable precautions against committing an offence against this section,
he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the
mark; and
(b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power
with respect to the persons from whom he obtained such goods or things; or
(c) that otherwise he had acted innocently,
be punished with imprisonment of either description for a term which may extend to one year, or with
fine, or with both.
350. Making a false mark upon any receptacle containing goods.—(1) Whoever makes any false
mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to
cause any public servant or any other person to believe that such receptacle contains goods which it does
not contain or that it does not contain goods which it does contain, or that the goods contained in such
receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he
proves that he acted without intent to defraud, be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.
(2) Whoever makes use of any false mark in any manner prohibited under sub-section (1) shall,
unless he proves that he acted without intent to defraud,
be punished as if he had committed the offence under sub-section (1).
CHAPTER XIX
OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.
351. Criminal intimidation.—(1) Whoever threatens another by any means, with any injury to his
person, reputation or property, or to the person or reputation of any one in whom that person is interested,
with intent to cause alarm to that person, or to cause that person to do any act which he is not legally
bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding
the execution of such threat, commits criminal intimidation.
Explanation.—A threat to injure the reputation of any deceased person in whom the person
threatened is interested, is within this section.
Illustration.
A, for the purpose of inducing B to resist from prosecuting a civil suit, threatens to burn B’s house. A
is guilty of criminal intimidation.
(2) Whoever commits the offence of criminal intimidation shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both.
(3) Whoever commits the offence of criminal intimidation by threatening to cause death or grievous
hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or
imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute
unchastity to a woman, shall be punished with imprisonment of either description for a term which may
extend to seven years, or with fine, or with both.
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(4) Whoever commits the offence of criminal intimidation by an anonymous communication, or
having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be
punished with imprisonment of either description for a term which may extend to two years, in addition
to the punishment provided for the offence under sub-section (1).
352. Intentional insult with intent to provoke breach of peace.—Whoever intentionally insults in
any manner, and thereby gives provocation to any person, intending or knowing it to be likely that such
provocation will cause him to break the public peace, or to commit any other offence, shall be punished
with imprisonment of either description for a term which may extend to two years, or with fine, or with
both.
353. Statements conducing to public mischief.—(1) Whoever makes, publishes or circulates any
statement, false information, rumour, or report, including through electronic means—
(a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the
Army, Navy or Air Force of India to mutiny or otherwise disregard or fail in his duty as such; or
(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section
of the public whereby any person may be induced to commit an offence against the State or against
the public tranquillity; or
(c) with intent to incite, or which is likely to incite, any class or community of persons to commit
any offence against any other class or community,
shall be punished with imprisonment which may extend to three years, or with fine, or with both.
(2) Whoever makes, publishes or circulates any statement or report containing false information,
rumour or alarming news, including through electronic means, with intent to create or promote, or which
is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or
community or any other ground whatsoever, feelings of enmity, hatred or ill will between different
religious, racial, language or regional groups or castes or communities, shall be punished with
imprisonment which may extend to three years, or with fine, or with both.
(3) Whoever commits an offence specified in sub-section (2) in any place of worship or in any
assembly engaged in the performance of religious worship or religious ceremonies, shall be punished
with imprisonment which may extend to five years and shall also be liable to fine.
Exception.—It does not amount to an offence, within the meaning of this section, when the person
making, publishing or circulating any such statement, false information, rumour or report, has reasonable
grounds for believing that such statement, false information, rumour or report is true and makes,
publishes or circulates it in good faith and without any such intent as aforesaid.
354. Act caused by inducing person to believe that he will be rendered an object of 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.
Illustrations.
(a) A sits dharna at Z’s door with the intention of causing it to be believed that, by so sitting, he
renders Z an object of Divine displeasure. A has committed the offence defined in this section.
(b) A threatens Z that, unless Z performs a certain act, A will kill one of A’s own children, under
such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has
committed the offence defined in this section.
355. 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
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a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term
which may extend to twenty-four hours, or with fine which may extend to one thousand rupees, or with
both or with community service.
Of defamation
356. Defamation.—(1) Whoever, by words either spoken or intended to be read, or by signs or by
visible representations, makes or publishes in any manner, any imputation concerning any person
intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation
of such person, is said, except in the cases hereinafter excepted, to defame that person.
Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the
imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings
of his family or other near relatives.
Explanation 2.—It may amount to defamation to make an imputation concerning a company or an
association or collection of persons as such.
Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to
defamation.
Explanation 4.—No imputation is said to harm a person’s reputation, unless that imputation directly
or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or
lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that
person, or causes it to be believed that the body of that person is in a loathsome state, or in a state
generally considered as disgraceful.
Illustrations.
(a) A says—“Z is an honest man; he never stole B’s watch”; intending to cause it to be believed that
Z did steal B’s watch. This is defamation, unless it falls within one of the exceptions.
(b) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed that Z stole B’s
watch. This is defamation, unless it falls within one of the exceptions.
(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 falls within one of the exceptions.
Exception 1.—It is not defamation to impute anything which is true concerning any person, if it be
for the public good that the imputation should be made or published. Whether or not it is for the public
good is a question of fact.
Exception 2.—It is not defamation to express in good faith any opinion whatever respecting the
conduct of a public servant in the discharge of his public functions, or respecting his character, so far as
his character appears in that conduct, and no further.
Exception 3.—It is not defamation to express in good faith any opinion whatever respecting the
conduct of any person touching any public question, and respecting his character, so far as his character
appears in that conduct, and no further.
Illustration.
It is not defamation in A to express in good faith any opinion whatever respecting Z’s conduct in
petitioning Government on a public question, in signing a requisition for a meeting on a public question,
in presiding or attending at such meeting, in forming or joining any society which invites the public
support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of
the duties of which the public is interested.
Exception 4.—It is not defamation to publish substantially true report of the proceedings of a Court,
or of the result of any such proceedings.
Explanation.—A Magistrate or other officer holding an inquiry in open Court preliminary to a trial in
a Court, is a Court within the meaning of the above section.
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Exception 5.—It is not defamation to express in good faith any opinion whatever respecting the
merits of any case, civil or criminal, which has been decided by a Court, or respecting the conduct of any
person as a party, witness or agent, in any such case, or respecting the character of such person, as far as
his character appears in that conduct, and no further.
Illustrations.
(a) A says—“I think Z’s evidence on that trial is so contradictory that he must be stupid or
dishonest”. A is within this exception if he says this in good faith, in as much as the opinion which he
expresses respects Z’s character as it appears in Z’s conduct as a witness, and no further.
(b) But if A says—“I do not believe what Z asserted at that trial because I know him to be a man
without veracity”; A is not within this exception, in as much as the opinion which expresses of Z’s
character, is an opinion not founded on Z’s conduct as a witness.
Exception 6.—It is not defamation to express in good faith any opinion respecting the merits of any
performance which its author has submitted to the judgment of the public, or respecting the character of
the author so far as his character appears in such performance, and no further.
Explanation.—A performance may be submitted to the judgment of the public expressly or by acts on
the part of the author which imply such submission to the judgment of the public.
Illustrations.
(a) A person who publishes a book, submits that book to the judgment of the public.
(b) A person who makes a speech in public, submits that speech to the judgment of the public.
(c) An actor or singer who appears on a public stage, submits his acting or singing to the judgment of
the public.
(d) A says of a book published by Z—“Z’s book is foolish; Z must be a weak man. Z’s book is
indecent; Z must be a man of impure mind”. A is within the exception, if he says this in good faith, in as
much as the opinion which he expresses of Z respects Z’s character only so far as it appears in Z’s book,
and no further.
(e) But if A says “I am not surprised that Z’s book is foolish and indecent, for he is a weak man and a
libertine”. A is not within this exception, in as much as the opinion which he expresses of Z’s character is
an opinion not founded on Z’s book.
Exception 7.—It is not defamation in a person having over another any authority, either conferred by
law or arising out of a lawful contract made with that other, to pass in good faith any censure on the
conduct of that other in matters to which such lawful authority relates.
Illustration.
A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a
department censuring in good faith those who are under his orders, a parent censuring in good faith a
child in the presence of other children; a school master, whose authority is derived from a parent,
censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith
for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such
cashier as such cashier are within this exception.
Exception 8.—It is not defamation to prefer in good faith an accusation against any person to any of
those who have lawful authority over that person with respect to the subject-matter of accusation.
Illustration.
If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a
servant, to Z’s master; if A in good faith complains of the conduct of Z, a child, to Z’s father, A is within
this exception.
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Exception 9.—It is not defamation to make an imputation on the character of another provided that
the imputation be made in good faith for the protection of the interests of the person making it, or of any
other person, or for the public good.
Illustrations.
(a) A, a shopkeeper, says to B, who manages his business—“Sell nothing to Z unless he pays you
ready money, for I have no opinion of his honesty”. A is within the exception, if he has made this
imputation on Z in good faith for the protection of his own interests.
(b) A, a Magistrate, in making a report to his own superior officer, casts an imputation on the
character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the
exception.
Exception 10.—It is not defamation to convey a caution, in good faith, to one person against another,
provided that such caution be intended for the good of the person to whom it is conveyed, or of some
person in whom that person is interested, or for the public good.
(2) Whoever defames another shall be punished with simple imprisonment for a term which may
extend to two years, or with fine, or with both, or with community service.
(3) Whoever prints or engraves any matter, knowing or having good reason to believe that such
matter is defamatory of any person, shall be punished with simple imprisonment for a term which may
extend to two years, or with fine, or with both.
(4) Whoever sells or offers for sale any printed or engraved substance containing defamatory matter,
knowing that it contains such matter, shall be punished with simple imprisonment for a term which may
extend to two years, or with fine, or with both.
Of breach of contract to attend on and supply wants of helpless person
357. 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 five thousand rupees, or with both.
CHAPTER XX
REPEAL AND SAVINGS
358. Repeal and savings.—(1) The Indian Penal Code (45 of 1860) is hereby repealed.
(2) Notwithstanding the repeal of the Code referred to in sub-section (1), it shall not affect,—
(a) the previous operation of the Code so repealed or anything duly done or suffered thereunder;
or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Code so
repealed; or
(c) any penalty, or punishment incurred in respect of any offences committed against the Code so
repealed; or
(d) any investigation or remedy in respect of any such penalty, or punishment; or
(e) any proceeding, investigation or remedy in respect of any such penalty or punishment as
aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such
penalty may be imposed as if that Code had not been repealed.
(3) Notwithstanding such repeal, anything done or any action taken under the said Code shall be
deemed to have been done or taken under the corresponding provisions of this Sanhita.
(4) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the
general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of
the repeal.