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 INDIAN LAW VIEW

Indian Penal Code, 1860

(Act No. 45 of Year 1860)

CHAPTER I:-INTRODUCTION

1. Title and extent of operation of the Code

2. Punishment of offences committed within India

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

4. Extension of Code to extra-territorial offences

5. Certain laws not to be affected by this Act

CHAPTER II:-GENERAL EXPLANATIONS

6. Definitions in the Code to be understood subject to exceptions

7. Sense of expression once explained

8. Gender

9. Number

10. Man, Woman

11. Person

12. Public

13. [Repealed]

14. Servant of Government

15. [Repealed]

16. [Repealed]

17. Government

18. India

19. Judge

20. Court of Justice

21. Public Servant

22. Movable property

23. Wrongful gain

24. Dishonestly

25. Fraudulently

26. Reason to believe

27. Property in possession of wife, clerk or servant

28. Counterfeit

29. Document

30. Valuable security

31. A will

32. Words referring to acts include illegal omissions

33. Act, Omission

34. Acts done by several persons in furtherance of common intention

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

36. Effect caused partly by act and partly by omission

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

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

39. Voluntarily

40. Offence

41. Special law

42. Local law

43. Illegal, Legally bound to do

44. Injury

45. Life

46. Death

47. Animal

48. Vessel

49. Year, Month

50. Section

51. Oath

52. Good faith

52A. Harbor

CHAPTER III:-OF PUNISHMENTS

53. Punishment

53A. Construction of reference to transportation

54. Commutation of sentence of death

55. Commutation of sentence of imprisonment for life

55A. Definition of appropriate Government

56. [Repealed]

57. Fractions of terms of punishment

58. [Repealed]

59. [Repealed]

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

61. [Repealed]

62. [Repealed]

63. Amount of fine

64. Sentence of imprisonment for non-payment of fine

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

66. Description of imprisonment for non-payment of fine

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

68. Imprisonment to terminate on payment of fine

69. Termination of imprisonment on payment of proportional part of fine

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

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

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

73. Solitary confinement

74. Limit of solitary confinement

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

CHAPTER IV:-GENERAL EXCEPTIONS

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

77. Act of Judge when acting judicially

78. Act done pursuant to the judgment or order of Court

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

80. Accident in doing a lawful act

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

82. Act of a child under seven years of age

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

84. Act of a person of-unsound mind

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

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

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

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

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

90. Consent known to be given under fear or misconception

91. Exclusion of acts which are offences independently of harm caused

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

93. Communication made in good faith

94. Act to which a person is compelled by threats

95. Act causing slight harm

96. Things done in private defense

97. Right of private defense of the body and of property

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

99. Acts against which there is no right of private defense

100. When the right of private defense of the body extends to causing death

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

102. Commencement and continuance of the right of private defense of the body

103. When the right of private defense of property extends to causing death

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

105. Commencement and continuance of the right of private defense of property

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

CHAPTER V:-OF ABETMENT

107. Abetment of a thing

108. Abettor

108A. Abetment in India of offences outside India

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

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

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

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

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

114. Abettor present when offence is committed

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

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

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

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

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

120. Concealing design to commit offence punishable with imprisonment

CHAPTER V:-A CRIMINAL CONSPIRACY

120A. Definition of criminal conspiracy

120B. Punishment of criminal conspiracy

CHAPTER VI:-OF OFFENCES AGAINST THE STATE

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

121A. Conspiracy to commit offences punishable by section 121

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

123. Concealing with intent to facilitate design to wage war

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

124A. Sedition

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

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

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

128. Public servant voluntarily allowing prisoner of State or war to escape

129. Public servant negligently suffering such prisoner to escape

130. Aiding escape of, rescuing or harboring such prisoner

CHAPTER VII:-OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE

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

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

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

134. Abetment of such assault, if the assault is committed

135. Abetment of desertion of soldier, sailor or airman

136. Harboring deserter

137. Deserter concealed on board merchant vessel through negligence of master

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

138A. [Repealed]

139. Persons subject to certain Acts

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

CHAPTER VIII:-OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

141. Unlawful assembly

142. Being member of unlawful assembly

143. Punishment

144. Joining unlawful assembly armed with deadly weapon

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

146. Rioting

147. Punishment for rioting

148. Rioting, armed with deadly weapon

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

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

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

152. Assaulting or obstructing public servant when suppressing riot, etc.

153. Wantonly giving provocation with intent to cause riot-if rioting be committed-if not committed

153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony

153B. Imputations, assertions prejudicial to national-integration

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

155. Liability of person for whose benefit riot is committed

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

157. Harboring persons hired for an unlawful assembly

158. Being hired to take part in an unlawful assembly or riot

159. Affray

160. Punishment for committing affray

CHAPTER IX:-OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

161. to 165A. [Repealed]

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

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

168. Public servant unlawfully engaging in trade

169. Public servant unlawfully buying or bidding for property

170. Personating a public servant

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

CHAPTER IXA:-OF OFFENCES RELATING TO ELECTIONS

171A. Candidate, Electoral right defined

171B. Bribery

171C. Undue influence at elections

171D. Personation at elections

171E. Punishment for bribery

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

171G. False statement in connection with an election

171H. Illegal payments in connection with an election

171I. Failure to keep election accounts

CHAPTER X:-OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

172. Absconding to avoid service of summons or other proceeding

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

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

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

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

177. Furnishing false information

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

179. Refusing to answer public servant authorized to question

180. Refusing to sign statement

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

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

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

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

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

186. Obstructing public servant in discharge of public functions

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

188. Disobedience to order duly promulgated by public servant

189. Threat of injury to public servant

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

CHAPTER XI:-OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

191. Giving false evidence

192. Fabricating false evidence

193. Punishment for false evidence

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

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

196. Using evidence known to be false

197. Issuing or signing false certificate

198. Using as true a certificate known to be false

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

200. Using as true such declaration knowing it to be false

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

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

203. Giving false information respecting an offence committed

204. Destruction of document to prevent its production as evidence

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

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

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

208. Fraudulently suffering decree for sum not due

209. Dishonestly making false claim in Court

210. Fraudulently obtaining decree for sum not due

211. False charge of offence made with intent to injure

212. Harboring offender

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

214. Offering gift or restoration of property in consideration of screening offender

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

216. Harboring offender who has escaped from custody or whose apprehension has been ordered

216A. Penalty for harboring robbers or dacoits

216B. [Repealed]

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

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

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

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

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

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

223. Escape from confinement or custody negligently suffered by public servant

224. Resistance or obstruction by a person to his lawful apprehension

225. Resistance or obstruction to lawful apprehension of another person

225A. Omission to apprehend or sufferance of escape, on part of public servant, in cases not otherwise, provided for

225B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for

226. [Repealed]

227. Violation of condition of remission of punishment

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

228A. Disclosure of identity of the victim of certain offences etc

229. Personation of a juror or assessor

CHAPTER XII:-OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

230. Coin defined

231. Counterfeiting coin

232. Counterfeiting Indian coin

233. Making or selling instrument for counterfeiting coin

234. Making or selling instrument for counterfeiting Indian coin

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

236. Abetting in India the counterfeiting out of India of coin

237. Import or export of counterfeit coin

238. Import or export of counterfeits of the India coin

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

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

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

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

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

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

245. Unlawfully taking coining instrument from mint

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

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

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

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

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

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

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

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

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

255. Counterfeiting Government stamp

256. Having possession of instrument or material for counterfeiting Government stamp

257. Making or selling instrument for counterfeiting Government stamp

258. Sale of counterfeit Government stamp

259. Having possession of counterfeit Government stamp

260. Using as genuine a Government stamp known to be a counterfeit

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

262. Using Government stamp known to have been before used

263. Erasure of mark denoting that stamp has been used

263A. Prohibition of fictitious stamps

CHAPTER XIII:-OF OFFENCES RELATING TO WEIGHTS AND MEASURES

264. Fraudulent use of false instrument for weighing

265. Fraudulent use of false weight or measure

266. Being in possession of false weight or measure

267. Making or selling false weight or measure

CHAPTER XIV:-OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS

268. Public nuisance Public nuisance

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

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

271. Disobedience to quarantine rule

272. Adulteration of food or drink intended for sale

273. Sale of noxious food or drink

274. Adulteration of drugs

275. Sale of adulterated drugs

276. Sale of drug as a different drug or preparation

277. Fouling water of public spring or reservoir

278. Making atmosphere noxious to health

279. Rash driving or riding on a public way

280. Rash navigation of vessel

281. Exhibition of false light, mark or buoy

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

283. Danger or obstruction in public way or line of navigation

284. Negligent conduct with respect to poisonous substance

285. Negligent conduct with respect to fire or combustible matter

286. Negligent conduct with respect to explosive substance

287. Negligent conduct with respect to machinery

288. Negligent conduct with respect to pulling down or repairing buildings

289. Negligent conduct with respect to animal

290. Punishment for public nuisance in cases not otherwise provided for

291. Continuance of nuisance after injunction to discontinue

292. Sale, etc., of obscene books, etc.

292A. Printing, etc., of grossly indecent or scurrilous matter or matter intended for blackmail

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

294. Obscene acts and songs

294A. Keeping lottery office

CHAPTER XV:-OF OFFENCES RELATING TO RELIGION

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

295A. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs

296. Disturbing religious assembly

297. Trespassing on burial places, etc

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

CHAPTER XVI:-OF OFFENCES AFFECTING THE HUMAN BODY

299. Culpable homicide

300. Murder

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

302. Punishment for murder

303. Punishment for murder by life-convict

304. Punishment for culpable homicide not amounting to murder

304A. Causing death by negligence

304B. Dowry death

305. Abetment of suicide of child or insane person

306. Abetment of suicide

307. Attempt to murder

308. Attempt to commit culpable homicide

309. Attempt to commit suicide

310. Thug

311. Punishment

312. Causing miscarriage

313. Causing miscarriage without woman's consent

314. Death caused by act done with intent to cause miscarriage

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

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

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

318. Concealment of birth by secret disposal of dead body

319. Hurt

320. Grievous hurt

321. Voluntarily causing hurt

322. Voluntarily causing grievous hurt

323. Punishment for voluntarily causing hurt

324. Voluntarily causing hurt by dangerous weapons or means

325. Punishment for voluntarily causing grievous hurt

326. Voluntarily causing grievous hurt by dangerous weapons or means -

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

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

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

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

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

332. Voluntarily causing hurt to deter public servant from his duty

333. Voluntarily causing grievous hurt to deter public servant from his duty

334. Voluntarily causing hurt on provocation

335. Voluntarily causing grievous hurt on provocation

336. Act endangering life or personal safety of others

337. Causing hurt by act endangering life or personal safety of others

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

339. Wrongful restraint

340. Wrongful confinement

341. Punishment for wrongful restraint

342. Punishment for wrongful confinement

343. Wrongful confinement for three or more days

344. Wrongful confinement for ten or more days

345. Wrongful confinement of person for whose liberation writ has been issued

346. Wrongful confinement in secret

347. Wrongful confinement to extort property, or constrain to illegal act

348. Wrongful confinement to extort confession, or compel restoration of property

349. Force

350. Criminal force

351. Assault

352. Punishment for assault or criminal force otherwise than on grave provocation

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

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

355. Assault or criminal force with intent to dishonor person, otherwise than on grave provocation

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

357. Assault or criminal force in attempt wrongfully to confine a person

358. Assault or criminal force on grave provocation

359. Kidnapping

360. Kidnapping from India

361. Kidnapping from lawful guardianship

362. Abduction

363. Punishment for kidnapping

363A. Kidnapping or maiming a minor for purposes of begging

364. Kidnapping or abducting in order to murder

364A. Kidnapping for ransom, etc

365. Kidnapping or abducting with intent secretly and wrongfully to confine person

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

366A. Procuration of minor girl

366B. Importation of girl from foreign country

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

368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person

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

370. Buying or disposing of any person as a slave

371. Habitual dealing in slaves

372. Selling minor for purposes of prostitution, etc

373. Buying minor for purposes of prostitution, etc

374. Unlawful compulsory labor

375. Rape

376. Punishment for rape

376A. Intercourse by a man with his wife during separation

376B. Intercourse by public servant with woman in his custody

376C. Intercourse by superintendent of jail, remand home, etc

376D. Intercourse by any member of the management or staff of a hospital with any woman in that hospital

377. Unnatural offences

CHAPTER XVII:-OF OFFENCES AGAINST PROPERTY

378. Theft

379. Punishment for theft

380. Theft in dwelling house, etc

381. Theft by clerk or servant of property in possession of master

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

383. Extortion

384. Punishment for extortion

385. Putting person in fear of injury in order to commit extortion

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

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

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

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

390. Robbery

391. Dacoity

392. Punishment for robbery

393. Attempt to commit robbery

394. Voluntarily causing hurt in committing robbery

395. Punishment for dacoity

396. Dacoity with murder

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

398. Attempt to commit robbery or dacoity when armed with deadly weapon

399. Making preparation to commit dacoity

400. Punishment for belonging to gang of dacoits

401. Punishment for belonging to gang of thieves

402. Assembling for purpose of committing dacoity

403. Dishonest misappropriation of property

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

405. Criminal breach of trust

406. Punishment for criminal breach of trust

407. Criminal breach of trust by carrier, etc

408. Criminal breach of trust by clerk or servant

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

410. Stolen Property

411. Dishonestly receiving stolen property

412. Dishonestly receiving property stolen in the commission of a dacoity

413. Habitually dealing in stolen property

414. Assisting in concealment of stolen property

415. Cheating

416. Cheating by personation

417. Punishment for cheating

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

419. Punishment for cheating by personation

420. Cheating and dishonestly inducing delivery of property

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

422. Dishonestly or fraudulently preventing debt being available for creditors-.

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

424. Dishonest or fraudulent removal or concealment of property

425. Mischief

426. Punishment for mischief-

427. Mischief causing damage to the amount of fifty rupees

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

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

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

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

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

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

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

435. Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees

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

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

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

439. Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc

440. Mischief committed after preparation made for causing death or hurt

441. Criminal trespass

442. House trespass

443. Lurking house-trespass

444. Lurking house-trespass by night

445. House breaking

446. House-breaking by night

447. Punishment for criminal trespass

448. Punishment for house-trespass

449. House-trespass in order to commit offence punishable with death

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

451. House-trespass in order to commit offence punishable with imprisonment

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

453. Punishment for lurking house-trespass or house-breaking

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

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

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

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

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

459. Grievous hurt caused whilst committing lurking house trespass or housebreaking

460. All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them

461. Dishonestly breaking open receptacle containing property

462. Punishment for same offence when committed by person entrusted with custody

CHAPTER XVIII:-OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS

463. Forgery

464. Making a false document

465. Punishment for forgery

466. Forgery of record of court or of public register, etc

467. Forgery of valuable security, will, etc

468. Forgery for purpose of cheating

469. Forgery for purpose of harming reputation

470. Forged document

471. Using as genuine a forged document

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

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

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

475. Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material

476. Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material

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

477A. Falsification of accounts

478. [Repealed]

479. Property mark

480. [Repealed]

481. Using a false property mark

482. Punishment for using a false property mark

483. Counterfeiting a property mark used by another

484. Counterfeiting a mark used by a public servant

485. Making or possession of any instrument for counterfeiting a property mark

486. Selling goods marked with a counterfeit property mark

487. Making a false mark upon any receptacle containing goods

488. Punishment for making use of any such false mark

489. Tampering with property mark with intent to cause injury

489A. Counterfeiting currency-notes or bank-notes

489B. Using as genuine, forged or counterfeit currency-notes or bank- notes

489C. Possession of forged or counterfeit currency-notes or bank-notes

489D. Making or possessing instruments or materials for forging or counterfeiting currency-notes or bank-notes

489E. Making or using documents resembling currency-notes or bank-notes

CHAPTER XIX:-OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE

490. [Repealed]

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

492. [Repealed]

CHAPTER XX:-OF OFFENCES RELATING TO MARRIAGE

493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage

494. Marrying again during lifetime of husband or wife

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

496. Marriage ceremony fraudulently gone through without lawful marriage

497. Adultery

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

CHAPTER XXA:-OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND

498A. Husband or relative of husband of a woman subjecting her to cruelty

CHAPTER XXI:-OF DEFAMATION

499. Defamation

500. Punishment for defamation

501. Printing or engraving matter known to be defamatory

502. Sale of printed or engraved substance containing defamatory matter

CHAPTER XXII:-OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

503. Criminal intimidation

504. Intentional insult with intent to provoke breach of the peace

505. Statements conducting to public mischief.

506. Punishment for criminal intimidation

507. Criminal intimidation by an anonymous communication

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

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

510. Misconduct in public by a drunken person

CHAPTER XXIII:-OF ATTEMPTS TO COMMIT OFFENCES

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

Indian Penal Code, 1860

(Act No. 45 of Year 1860)

Whereas it is expedient to provide a general Penal Code for India;

It is enacted as follows: -

CHAPTER I:-INTRODUCTION

1. Title and extent of operation of the Code

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

2. Punishment of offences committed within India

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

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

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

4. Extension of Code to extra-territorial offences

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

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

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

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

Illustration

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

5. Certain laws not to be affected by this Act

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

CHAPTER II:-GENERAL EXPLANATIONS

6. Definitions in the Code to be understood subject to exceptions

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

Illustrations

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

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

7. Sense of expression once explained

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

8. Gender

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

9. Number

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

10. "Man"."Woman"

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

11. "Person"

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

12. "Public"

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

13. [Repealed]

14. "Servant of Government"

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

15. [Repealed]

16. [Repealed]

17. "Government"

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

18. "India"

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

19. "Judge"

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

Illustrations

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

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

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

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

20. "Court of Justice"

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

Illustration

A panchayat acting under 19[Regulation VII, 1816, of the Madras Code, having power to try and determine suits, is a Court of Justice.

21. "Public Servant"

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

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

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

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

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

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

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

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

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

Tenth- Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;

Eleventh- Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;

Twelfth- Every person-

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

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

Illustration

A Municipal Commissioner is a public servant.

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

Explanation 2- Wherever the words "public servant" occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

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

22. "Movable property"

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

23. "Wrongful gain"

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

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

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

24. "Dishonestly"

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

25. "Fraudulently"

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

26. "Reason to believe"

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

27. Property in possession of wife, clerk or servant

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

Explanation: A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this section.

28. "Counterfeit"

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

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 practice deception or knew it to be likely that deception would thereby be practiced.

29. "Document"

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

Explanation 1- It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not.

Illustrations

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

A cheque upon a banker is a document.

A power-of-attorney is a document.

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

Explanation 2- Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed.

Illustration

A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and must be construed in the same manner as if the words "pay to the holder" or words to that effect had been written over the signature.

30. "Valuable security"

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

Illustration

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

31. "A will"

The words "a will" denote any testamentary document.

32. Words referring to acts include illegal omissions

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

33. "Act", "Omission"

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

34. Acts done by several persons in furtherance of common intention

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

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

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

36. Effect caused partly by act and partly by omission

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

Illustration

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

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

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

Illustrations

(a) A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him. Here A and 8 intentionally co-operate in the commission of murder and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate.

(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours at a time. A and B, intending to cause Z's death, knowingly 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 co-operation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder, but, as A did not co-operate with B. A is guilty only of an attempt to commit murder.

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

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

Illustration

A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z's death, B is guilty of murder, and A is guilty only of culpable homicide.

39. "Voluntarily"

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

Illustration

A sets fire, by night, to-an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death of a person. Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily.

40. "Offence"

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

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

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

41. "Special law"

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

42. "Local law"

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

43. "Illegal", "Legally bound to do"

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

44. "Injury"

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

45. "Life"

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

46. "Death"

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

47. "Animal"

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

48. "Vessel"

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

49. "Year", "Month"

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

50. "Section"

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

51. "Oath"

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

52. "Good faith"

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

52A. "Harbor"

Except in section 157, and in section 130 in the case in which the harbor is given by the wife or husband of the person harbored, the word "harbor" includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means or conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension.

CHAPTER III:-OF PUNISHMENTS

53. Punishment

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

First- Death;

Secondly- Imprisonment for life;

[* * * *]

Fourthly- imprisonment, which is of two descriptions, namely:-

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

(2) Simple,

Fifthly- Forfeiture of property;

Sixthly- Fine.

53A. Construction of reference to transportation

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

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

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

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

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

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

54. Commutation of sentence of death

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

55. Commutation of sentence of imprisonment for life

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

55A. Definition of "appropriate Government"

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

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

(b) in cases where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, the Government of the State within which the offender is sentenced.

56. [Repealed]

57. Fractions of terms of punishment

In calculating fractions of terms of punishment, 44[imprisonment for life shall be reckoned as equivalent to 44[imprisonment for twenty years.

58. [Repealed]

59. [Repealed]

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

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

61. [Repealed]

62. [Repealed]

63. Amount of fine

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

64. Sentence of imprisonment for non-payment of fine

In every case, of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment, and in every case of an offence punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine,

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

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

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

66. Description of imprisonment for non-payment of fine

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

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

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

68. Imprisonment to terminate on payment of fine

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.

69. Termination of imprisonment on payment of proportional part of fine

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

Illustration

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

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

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

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

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

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

Illustrations

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

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

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

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.

73. Solitary confinement

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

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

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

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

74. Limit of solitary confinement

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

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

Whoever, having been convicted,-

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

CHAPTER IV:-GENERAL EXCEPTIONS

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

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

Illustrations

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

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

77. Act of Judge when acting judicially

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.

78. Act done pursuant to the judgment or order of Court

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

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

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

Illustration

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

80. Accident in doing a lawful act

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

Illustration

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

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

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

Illustrations

(a) A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down to 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.

82. Act of a child under seven years of age

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

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

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

84. Act of a person of-unsound mind

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

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

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 a against his will.

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

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

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

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

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

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

Illustration

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

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

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

Provisos-Provided-

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

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

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

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

Illustration

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

90. Consent known to be given under fear or misconception

A consent is not such a consent as it intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or

CONSENT OF INSANE PERSON-

If the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or

Consent of child-

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

91. Exclusion of acts which are offences independently of harm caused

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

Illustration

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

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

Nothing is an offence by reason of any harm which it may 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:

Provisos- Provided-

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

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

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

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

Illustrations

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

(b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A's ball gives Z a mortal wound. A has committed on offence.

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

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

Explanation- Mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and-92.

93. Communication made in good faith

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

Illustration

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

94. Act to which a person is compelled by threats

Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence: Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint.

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

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

95. Act causing slight harm

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

OF THE RIGHT OF PRIVATE DEFENSE

96. Things done in private defense

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

97. Right of private defense of the body and of property

Every person has a right, subject to the restrictions contained in section 99, to defend-

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

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

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

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

Illustrations

(a) Z, under the influence of madness, attempts to kill A; Z is guilty of no offence. But A has the same right of private defense 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 defense against Z, which he would have if Z were not acting under that misconception.

99. Acts against which there is no right of private defense

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

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

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

EXTENT TO WHICH THE RIGHT MAY BE EXERCISED

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

Explanation 1- A person is not deprived of the right of private defense 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 defense against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded.

100. When the right of private defense of the body extends to causing death

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

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

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

Thirdly- An assault with the intention of committing rape;

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

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

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

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

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

102. Commencement and continuance of the right of private defense of the body

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

103. When the right of private defense of property extends to causing death

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

First- Robbery;

Secondly- House-breaking by night;

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

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

104. 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 defense, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the last preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrong-doer of any harm other than death.

105. Commencement and continuance of the right of private defense of property

The right of private defense of property commences when a reasonable apprehension of dancer to the property commences.

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

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

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

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

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

If in the exercise of the right of private defense 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 defense 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 defense without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.

CHAPTER V:-OF ABETMENT

107. Abetment of a thing

A person abets the doing of a thing, who -

First- Instigates any person to do that thing; or

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

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

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

Illustration

A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, willfully 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 facilitate the commission thereof, is said to aid the doing of that act.

108. Abettor

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

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

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

Illustrations

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

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

Explanation 3- lt. 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 intention or knowledge as that of the abettor, or any guilty intention or knowledge.

Illustrations

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

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

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

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

Explanation 4- The abetment of an offence being an offence, the abetment of such an abetment is also as 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- lt. is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.

Illustration

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

108A. Abetment in India of offences outside India

A person abets an offence within the meaning of this Code who, in 49[India, abets the commission of any act without and beyond 49[India which would constitute an offence if committed in India.

Illustration

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

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

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

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

Illustrations

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

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

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

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

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.

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

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

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

Illustrations

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

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

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

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

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

Illustration

A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress A will also be liable to punishment for each of the offences.

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

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, caused a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect.

Illustration

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

114. Abettor present when offence is committed

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.

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

Whoever abets the commission of an offence punishable with death or 51[imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

If act causing harm be done in consequence- 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.

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

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

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

Illustrations

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

(b) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence defined in this section, and is punishable accordingly.

(c) A, a police-officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine.

(d) B abets the commission of a robbery by A, a police-officer, whose duty it is to prevent that offence. Here, though the robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine.

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

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

Illustration

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

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

Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or 51[imprisonment for life; voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design,

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

Illustration

A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section.

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

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

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

If offence be punishable with death, etc- or, if the offence be punishable with death or 51[imprisonment for life, with imprisonment of either description for a term which may extend to ten years;

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

Illustration

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

120. Concealing design to commit offence punishable with imprisonment

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,

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

CHAPTER V:-A CRIMINAL CONSPIRACY

120A. Definition of criminal conspiracy

When two or more persons agree to do, or cause to be done,-

(1) an illegal act, or

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

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

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

120B. Punishment of criminal conspiracy

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

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

CHAPTER VI:-OF OFFENCES AGAINST THE STATE

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

Illustration

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

121A. Conspiracy to commit offences punishable by section 121

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

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

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

Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the 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.

123. Concealing with intent to facilitate design to wage war

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

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

Whoever, with the intention of including or compelling the President of India, or the Governor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of such President or Governor assault 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.

124A. Sedition

Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with 61[imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

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

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

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

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

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

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

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

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

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

128. Public servant voluntarily allowing prisoner of State or war to escape

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.

129. Public servant negligently suffering such prisoner to escape

Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine.

130. Aiding escape of, rescuing or harboring 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 harbors 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 VII:-OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE

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

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.

Explanation- In this section the words "officer", "soldier", "sailor" and "airman" include any person subject to the Army Act, the Army Act, 1950 (46 of 1950,the Naval Discipline Act, the Indian Navy (Discipline) Act, 1934 (34 of 1934) the Air Force Act or the Air Force Act,' 1950 (45 of 1950), as the case may be.

132. 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.

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

Whoever abets an assault by an officer, soldier, 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.

134. Abetment of such assault, if the assault is 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.

135. 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.

136. Harboring deserter

Whoever, except as hereinafter expected, 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, harbors 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 harbor is given by a wife to her husband.

137. Deserter concealed on board merchant vessel through negligence of master

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

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

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

138A. [Repealed]

139. Persons subject to certain Acts

No person subject to the Army Act, the Army Act, 1950 (46 of 1950), or the Naval Discipline Act, the Indian Navy (Discipline) Act, 1934 (34 of 19, the Air Force Act the Air Force Act, 1950 (45 of 1950), is subject to punishment under this Code for any of the offences defined in this Chapter.

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

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

CHAPTER VIII:-OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

141. Unlawful assembly

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

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