tag:blogger.com,1999:blog-48290031134997579582011-11-27T15:29:48.987-08:00Free Legal Service and ActsAdvocate KK Rathorhttp://www.blogger.com/profile/11913245343995614132noreply@blogger.comBlogger101100tag:blogger.com,1999:blog-4829003113499757958.post-41039564768251100012011-08-01T20:44:00.000-07:002011-08-01T20:51:42.995-07:00Download Free Companyies Act 1956<div dir="ltr" style="text-align: left;" trbidi="on"><h1>Companies Act, 1956 </h1>File: Companies Act 1956 .pdf<br />Size: 1.01 MB<br /><br /><a href="http://www.datafilehost.com/get.php?file=68dddad1"><b style="color: red;"><span style="font-size: large;">Direct Download Link </span></b></a><br /><br /><a href="http://www.datafilehost.com/download-68dddad1.html"><span style="font-size: large;"><b style="color: red;">Download Manually </b></span></a><br /></div><div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4829003113499757958-4103956476825110001?l=free-legal-service.blogspot.com' alt='' /></div>Advocate KK Rathorhttp://www.blogger.com/profile/11913245343995614132noreply@blogger.com0tag:blogger.com,1999:blog-4829003113499757958.post-26743786355860314662011-07-19T09:04:00.000-07:002011-07-19T09:04:59.961-07:00Visit for Free Competition Notes<a href="http://www.blogger.com/goog_704480919"><span style="color: red; font-size: xx-small;"><strong>Shree Sai Competition </strong></span>: Agriculture Officer, Assistant Agriculture officer, R.A.S. & R.T.S. 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Rathorhttp://www.blogger.com/profile/11913245343995614132noreply@blogger.com0tag:blogger.com,1999:blog-4829003113499757958.post-34169942131868085202011-03-10T00:56:00.000-08:002011-03-26T09:37:17.298-07:00The Kazis Act, 1880<input type="hidden" name="IL_RELATED_TAGS" value="1"/><br /> <div dir="ltr" style="text-align: left;" trbidi="on"><m:smallfrac m:val="off"> <m:dispdef> <m:lmargin m:val="0"> <m:rmargin m:val="0"> <m:defjc m:val="centerGroup"> <m:wrapindent m:val="1440"> <m:intlim m:val="subSup"> <m:narylim m:val="undOvr"> </m:narylim></m:intlim> </m:wrapindent> </m:defjc></m:rmargin></m:lmargin></m:dispdef></m:smallfrac><br /><div class="MsoNormal">(Act No. 12 of 1880)</div><div class="MsoListParagraphCxSpFirst" style="text-indent: -0.25in;"><b>1.<span style="font: 7pt "Times New Roman";"> </span></b><b>Short title -</b> This Act may be called the <b>Kazis Act,1880.</b></div><div class="MsoListParagraphCxSpMiddle" style="text-indent: -0.25in;"><b>2.<span style="font: 7pt "Times New Roman";"> </span></b><b>Power to appoint Kazis for local area - </b> Where it appears to the State Government that any considerable number of the Muhammadans resident in any local area desire that one or more Kazis should be appointed for such local area, the State Government may, if it think fit, after consulting the principal Muhammadan residents of such local area select one or more fit persons and appoint him or them to be Kazis for such local area.</div><script type="text/javascript"> var infolink_pid = 220741; var infolink_wsid = 0;</script><br /><script src="http://resources.infolinks.com/js/infolinks_main.js" type="text/javascript"></script><br /><div class="MsoListParagraphCxSpMiddle">If any question arises whether any person has been rightly appointed Kazis under this section, the decision thereof by the State Government shall be conclusive.</div><input type="hidden" name="IL_RELATED_TAGS" value="1"/><br /> <br /><div class="MsoListParagraphCxSpMiddle">The State Government may, if it think fit, suspend or remove any Kazi appointed under this section who is guilty of any msconduct in the execution of his office, or who is for a continuous period of six months absent from the local area for which he is appointed, or leaves such local area for the purpose of residing elsewhere, or is declared an insolvent, or desire to be discharged from the office, or who refuses or become in the opinion of the State Government unfit, or personally incapble, to discharge the duties of the office.</div><div class="MsoListParagraphCxSpMiddle" style="text-indent: -0.25in;"><b>3.<span style="font: 7pt "Times New Roman";"> </span></b><b>Naib Kazis - </b> Any Kazi appointed under this Act may appoint one or more persons as his naib or naib to act in hs place in all or any of the matters appertaining to his office throughout the whole or in any portion of the local area for remove any naib so appointed.</div><div class="MsoListParagraphCxSpMiddle">When any Kazi is suspended or remove under section 2, his naib or naib (if any) shall be deemed to be suspended or removed, as the case may be.</div><div class="MsoListParagraphCxSpMiddle" style="text-indent: -0.25in;"><b>4.<span style="font: 7pt "Times New Roman";"> </span></b><b>Nothing in Act to confer judicial or administrative power; or to render the presence of Kazi necessary; or to prevent any one acting as Kazi - </b> Nothing herein contained, and no appointment made hereunder, shall be deemed –</div><div class="MsoListParagraphCxSpMiddle" style="margin-left: 90.75pt; text-indent: -0.25in;"><b>(a)<span style="font: 7pt "Times New Roman";"> </span></b>To confer any judicial or administrative power on any Kazi or Naib Kazi appointed hereunder ; or</div><div class="MsoListParagraphCxSpMiddle" style="margin-left: 90.75pt; text-indent: -0.25in;"><b>(b)<span style="font: 7pt "Times New Roman";"> </span></b>To render the persence of a Kazi or Naib Kazi necessary at the celebration of any marriage; or </div><input type="hidden" name="IL_RELATED_TAGS" value="1"/><br /> <br /><div class="MsoListParagraphCxSpMiddle" style="margin-left: 90.75pt; text-indent: -0.25in;"><b>(c)<span style="font: 7pt "Times New Roman";"> </span></b>To prevent any person dischargeing any of the functions of a Kazi.</div><div class="MsoListParagraphCxSpLast" style="margin-left: 90.75pt;"><br /></div></div><div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4829003113499757958-3416994213186808520?l=free-legal-service.blogspot.com' alt='' /></div>Advocate KK Rathorhttp://www.blogger.com/profile/11913245343995614132noreply@blogger.com0tag:blogger.com,1999:blog-4829003113499757958.post-41404541142136143292010-11-14T04:49:00.000-08:002010-11-14T04:49:51.215-08:00IPC - Indian Penal Code<!--[if gte mso 9]><xml> <w:WordDocument> <w:View>Normal</w:View> <w:Zoom>0</w:Zoom> <w:TrackMoves/> <w:TrackFormatting/> <w:PunctuationKerning/> <w:ValidateAgainstSchemas/> 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mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;}</style> <![endif]--> <br /><div class="MsoNormal" style="line-height: normal;"><b><span style="color: #cc6600; font-family: "Book Antiqua","serif"; font-size: 13.5pt;">IPC - Indian Penal Code</span></b><b><span style="font-family: "Times New Roman","serif"; font-size: 24pt;"></span></b></div><h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">CHAPTER I : INTRODUCTION</span></h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whereas it is expedient to provide a general Penal Code for 2[India];</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">It is enacted as follows: -</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">1. Title and extent of operation of the Code</span></strong><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">This Act shall be called the Indian Penal Code, and shall 3[extend to the whole of India 4[except the State of Jammu and Kashmir].]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">2. Punishment of offences committed within India</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which, he shall be guilty within 5[India] 6[***].<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">3. Punishment of offences committed beyond but which by law may be tried within India</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Any person liable, by any 7[Indian law] to be tried for an offence committed beyond 8[India] shall be dealt with according to the provisions of this Code for any act committed beyond 8[India] in the same manner as if such act had been committed within 5[India].<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">9[4. Extension of Code to extra-territorial offences</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The provisions of this Code apply also to any offence committed by-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">10[(1) any citizen of India in any place without and beyond India;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(2) any person on any ship or aircraft registered in India wherever it may be.]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- In this section the word "offence" includes every act committed outside 2[India] which, if committed in 2[India], would be punishable under this Code.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">11[Illustration]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">12[***] A, 13[who is 14[a citizen of India]], commits a murder in Uganda. He can be tried and convicted of murder in any place in 2[India] in which he may be found.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">15[***]<br />16[5. Certain laws not to be affected by this Act</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.]</span><br /><h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">CHAPTER II : GENERAL EXPLANATIONS<br /><br />6. Definitions in the Code to be understood subject to exceptions</span></h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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".<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">7. Sense of expression once explained</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Every expression which is explained in any part of this Code, is used in every part of this Code in conformity with the explanation.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">8. Gender</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The pronoun "he" and its derivatives are used of any person, whether male or female.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">9. Number</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">10. "Man", "Woman"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The word "man" denotes a male human being of any age; the word "woman" denotes a female human being of any age.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">11. "Person"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The word "person" includes any Company or Association or body of persons, whether incorporated or not.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">12. "Public"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The word "public" includes any class of the public or any community.<br />[Section 13. titled "Queen" repealed by the Govt. of India (Adaptation of Indian Laws) Order, 1950]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">16[14. "Servant of Government"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The words "servant of Government" denote any officer or servant continued, appointed or employed in India or under the authority of Government.]<br />[Section 15. titled "British India" repealed by the Govt. of India (Adaptation of Indian Laws) Order, 1937]<br />[Section 16. titled "Government of India" repealed by the Govt. of India (Adaptation of Indian Laws) Order, 1937]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">16[17. "Government"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The word "Government" denotes the Central Government or the Government of a 17[***] State.]<br />18[18. "India"</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">"India" means the territory of India excluding the State of Jammu and Kashmir.]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">19. "Judge"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">who is one of a body of persons, which body of persons is empowered by law to give such a judgment.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">20. "Court of Justice"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><div class="MsoNormal"><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt; line-height: 115%;">A panchayat acting under 19[Regulation VII, 1816, of the Madras Code,] having power to try and determine suits, is a Court of Justice</span></div><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">21. "Public Servant"</span></strong><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The words "public servant" denote a person falling under any of the descriptions hereinafter following; namely:-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">20[***]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Second- Every Commissioned Officer in the Military, 21[Naval or Air] Forces 22[of India];</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">23[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;]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Fourth- Every officer of a Court of Justice 24[(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;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Fifth- Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Seventh- Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Eighth- Every officer of 25[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;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Ninth- Every officer whose duty it is, as such officer, to take, receive, keep or. expend any property on behalf of 25[the Government], or to make any survey, assessment or contract on behalf of 25[the Government], or to execute any revenue process, or to investigate, or to report, on any matter affecting the pecuniary interests of 26[the Government], or to make, authenticate or keep any document relating to the pecuniary interests of 25[the Government], or to prevent the infraction of any law for the protection of the pecuniary interests of 25[the Government] 26[***];</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">27[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;]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">23[Twelfth- Every person-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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).]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A Municipal Commissioner is a public servant.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 1- Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">27[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.]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">28[***]</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">STATE AMENDMENT</span></strong><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In State of Rajasthan w.e.f. 11th. February, 1993</span></strong><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In section 21 of the <strong><span style="font-family: "Verdana","sans-serif";">Indian Penal Code, 1860</span></strong> (Central Act 45 of 1860), in its application to the State of Rajasthan, after clause twelfth, the following new clause shall be inserted: -</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">"Thirteenth- Every person employed or engaged by any public body in the conduct and supervision of any examination recognised or approved under any law.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- The expression 'Public Body' includes-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) a University, Board of Education or other body, either established by or under a Central or State Act or under the provisions of the Constitution of India or constituted by the Government; and</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) a local authority."<br />22. "Movable property"</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">23. "Wrongful gain"</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">"Wrongful gain" is gain by unlawful means of property which the person gaining is not legally entitled.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">"Wrongful loss"- "Wrongful loss" is the loss by unlawful means of property to which the person losing it is legally entitled.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">24. "Dishonestly"</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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".<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">25. "Fraudulently"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">26. "Reason to believe"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A person is said to have "reason to believe" a thing, if he has sufficient cause to believe that thing but not otherwise.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">27. Property in possession of wife, clerk or servant</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">28. "Counterfeit"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A person is said to "counterfeit" who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing. it to be likely that deception will thereby be practised.</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">29[Explanation 1- It is not essential to counterfeiting that the imitation should be exact.</span></strong><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 2- When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised.]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">29. "Document"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A cheque upon a banker is a document.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A power-of-attorney is a document.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A map or plan which is intended to be used or which may be used as evidence, is a document.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">29A[29A. "Electronic Record"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The words "electronic record" shall have the meaning assigned to them in clause (t) of sub-section (1) of section (1) of section 2 of the Information Technology Act, 2000.]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">30. "Valuable security"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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".<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">31. "A will"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The words "a will" denote any testamentary document.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">32. Words referring to acts include illegal omissions</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">33. "Act", "Omission"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">30[34. Acts done by several persons in furtherance of common intention</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">35. When such an act is criminal by reason of its being done with a criminal knowledge or intention</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">act in the same manner as if the act were done by him alone with that knowledge or intention.</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">36. Effect caused partly by act and partly by omission</span></strong><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">37. Co-operation by doing one of several acts constituting an offence</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">38. Persons concerned in criminal act may be guilty of different offences</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">39. "Voluntarily"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">30[40. "Offence"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Except in the 31[Chapters] and sections mentioned in clauses 2 and 3 of this section, the word "offence" denotes a thing made punishable by this Code.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In Chapter IV, 32[Chapter VA] and in the following sections, namely, sections 33[64, 65, 66, 34[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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">41. "Special law"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A "special law" is a law applicable to a particular subject.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">42. "Local law"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A "local law" is a law applicable only to a particular part of 35[36[[***] 37[India]].<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">43. "Illegal", "Legally bound to do"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The word "illegal" is applicable to every thing 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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">44. "Injury"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The word "injury" denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">45. "Life"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The word "life" denotes the life of a human being, unless the contrary appears from the context.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">46. "Death"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The word "death" denotes the death of a human being, unless the contrary appears from the context.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">47. "Animal"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The word "animal" denotes any living creature, other than a human being.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">48. "Vessel"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The word "vessel" denotes anything made for the conveyance by water of human beings or of property.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">49. "Year", "Month"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">50. "Section"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The word "section" denotes one of those portions of a Chapter of this Code which are distinguished by prefixed numeral figures.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">51. "Oath"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">52. "Good faith"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Nothing is said to be done or believed in "good faith" which is done or believed without due care and attention.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">38[52A. "Harbour"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Except in section 157, and in section 130 in the case in which the harbour is given by the wife or husband of the person harboured, the word "harbour" includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means or conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension.]</span><br /><h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">CHAPTER III : OF PUNISHMENTS</span></h1><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">53. Punishment</span></strong><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The punishments to which offenders are liable under the provisions of this Code are-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">First- Death;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">39[Secondly- Imprisonment for life;]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">40[***]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Fourthly- imprisonment, which is of two descriptions, namely:-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(1) Rigorous, that is, with hard labour;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(2) Simple,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Fifthly- Forfeiture of property;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Sixthly- Fine.</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">41[53A. Construction of reference to transportation</span></strong><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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, 42[1955] (26 of 1955), the offender shall be dealt with in the same manner as if sentenced to rigorous imprisonment for the same term.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(4) Any reference to "transportation" in any other law for the time being in force shall,-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) if the expression means transportation for life, be construed as a reference to imprisonment for life;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) if the expression means transportation for any shorter term, be deemed to have been omitted.]</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">54. Commutation of sentence of death</span></strong><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In every case in which sentence of death shall have been passed, 43[the appropriate Government] may, without the consent of the offender, commute the punishment for any other punishment provided by this Code.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">55. Commutation of sentence of imprisonment for life</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In every case in which sentence of 44[imprisonment] for life shall have been passed, 45[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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">46[55A. Definition of "appropriate Government"</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In sections 54 and 55 the expression "appropriate Government" means,-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">[Section 56. titled "Sentence of Europeans and Americans to penal servitude, proviso as to sentence for term exceeding ten years but not for life" repealed by the Criminal Law (Removal of Racial Discriminations) Act, 1949, w.e.f. 6th. April, 1949]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">57. Fractions of terms of punishment</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In calculating fractions of terms of punishment, 44[imprisonment] for life shall be reckoned as equivalent to 44[imprisonment] for twenty years.</span><br /><em><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">[Section 58. titled "Offenders sentenced to transportation how dealt with until transported" repealed by the Code of Criminal Procedure (Amendment) Act, 1955, w.e.f. 1st. January, 1956]</span></em><br /><em><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">[Section 59. titled "Transportation instead of imprisonment" repealed by the Code of Criminal Procedure (Amendment) Act, 1955, w.e.f. 1st. January, 1956]</span></em><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple</span></strong><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><em><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">[Section 61. titled "Sentence of forfeiture of property" repealed by the Indian Penal Code (Amendment) Act, 1921]</span></em><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">[Section 62. titled "Forfeiture of property in respect of offenders punishable with death, transportation or imprisonment" repealed by the Indian Penal Code (Amendment) Act, 1921]</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">63. Amount of fine</span></strong><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">64. Sentence of imprisonment for non-payment of fine</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">47[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 34[with imprisonment or fine, or] with fine only, in which the offender is sentenced to a fine,]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">65. Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">66. Description of imprisonment for non-payment of fine</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">67. Imprisonment for non-payment of fine, when offence punishable with fine only</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">If the offence be punishable with fine only, 33[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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">68. Imprisonment to terminate on payment of fine</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">69. Termination of imprisonment on payment of proportional part of fine</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">70. Fine leviable within six years or during imprisonment-Death not to discharge property from liability</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">71. Limit of punishment of offence made up of several offences</span></strong><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">33[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</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">72. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">73. Solitary confinement</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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 48[shall not exceed one] year;a time not exceeding three months if the term of imprisonment shall exceed one year.<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">74. Limit of solitary confinement</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br />48A[75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, having been convicted,-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) by a court in 49[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,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">50[***]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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 51[imprisonment for life], or to imprisonment of either description for a term which may extend to ten years.]</span><br /><h1><span style="color: #333333; font-family: "Verdana","sans-serif"; font-size: 10pt;">CHAPTER IV : GENERAL EXCEPTIONS<br /><br /><br />76. Act done by a person bound, or by mistake of fact believing himself bound, by law</span></h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">77. Act of Judge when acting judicially</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">78. Act done pursuant to the judgment or order of Court</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">79. Act done by a person justified, or by mistake of fact believing himself justified, by law</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">80. Accident in doing a lawful act</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">81. Act likely to cause harm, but done without criminal intent, and to prevent other harm</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">82. Act of a child under seven years of age</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Nothing is an offence which is done by a child under seven years of age.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">83. Act of a child above seven and under twelve of immature understanding</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">84. Act of a person of-unsound mind</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">85. Act of a person incapable of judgment by reason of intoxication caused against his will</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">86. Offence requiring a particular intent or knowledge committed by one who is intoxicated</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">88. Act not intended to cause death, done by consent in good faith for person's benefit</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">89. Act done in good faith for benefit of child or insane person, by or by consent of guardian</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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:</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Provisos- Provided-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">First- That this exception shall not extend to the intentional causing of death, or to the attempting to cause death;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Fourthly- That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">90. Consent known to be given under fear or misconception</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Consent of insane person-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Consent of child-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">91. Exclusion of acts which are offences independently of harm caused</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">92. Act done in good faith for benefit of a person without consent</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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:</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Provisos- Provided-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">First- That this exception shall not extend to the intentional causing of death, or the attempting to cause death;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Fourthly- That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- Mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and 92.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">93. Communication made in good faith</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">94. Act to which a person is compelled by threats</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">95. Act causing slight harm</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Of the Right of Private Defence<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">96. Things done in private defence</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Nothing is an offence which is done in the exercise of the right of private defence.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">97. Right of private defence of the body and of property</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Every person has a right, subject to the restrictions contained in section 99, to defend-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">First- His own body, and the body of any other person, against any offence affecting the human body;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">98. Right of private defence against the act of a person of unsound mind, etc.</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) Z, under the influence of madness, attempts to kill A; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) A enters by night a house which he is legally entitled to enter Z, in good faith, taking A for a house-breaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">99. Acts against which there is no right of private defence</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">There is no right of private defence against an act which does not, reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">There is no right of private defence in cases in which there is time to have recourse to the protection of the public authorities.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Extent to which the right may be exercised-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The right of private defence in no case extends to the inflicting. of more harm than it is necessary to inflict for the purpose of defence.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 1- A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows or has reason to believe, that the person doing the act is such public servant.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 2- A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">100. When the right of private defence of the body extends to causing death</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">First- Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Secondly- Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Thirdly- An assault with the intention of committing rape;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Fourthly- An assault with the intention of gratifying unnatural lust;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Fifthly- An assault with the intention of kidnapping or abducting;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">101. When such right extends to causing any harm other than death</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">If the offence be not of any of the descriptions enumerated in the last preceding section, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions mentioned in section 99, to the voluntary causing to the assailant of any harm other than death.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">102. Commencement and continuance of the right of private defence of the body</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">103. When the right of private defence of property extends to causing death</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely:-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">First- Robbery;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Secondly- House-breaking by night;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Fourthly- Theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised.</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">STATE AMENDMENTS</span></strong><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In State of Karnataka w.e.f. 7th. October, 1972</span></strong><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(1) In clause Thirdly,-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(i) after the words "mischief by fire", the words "or any explosive substance" shall be inserted;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(ii) after the words "as a human dwelling, or" insert the words "as a place of worship, or".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(2) After clause Fourthly, the following clause shall be inserted, namely:-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">"Fifthly- Mischief by fire or any explosive substance committed on any property used or intended to be used for the purpose of Government or any local authority, statutory body or company owned or controlled by Government or railway or any vehicle used or adapted to be used for the carriage of passengers for hire or reward".</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In State of Maharashtra w.e.f. 31st. December, 1971</span></strong><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In section 103, insert the following at the end, namely:-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">"Fifthly- Mischief by fire or any explosive substance committed on any property used or intended to be used for the purposes of Government or any local authority, statutory body, company owned or controlled by Government, railway or tramway, or on any vehicle used or adapted to be used, for the carriage of passengers for hire or reward".</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In State of Uttar Pradesh w.e.f. 17th. July, 1970</span></strong><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In section 103, after clause fourthly, add the following clause, namely:-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">"Fifthly- Mischief by fire or any explosive substance committed on-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) Any property used or intended to be used for the purpose of Government, or any local authority or other corporation owned or controlled by the Government, or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) any railway as defined in clause (4) of section 3 of the Indian Railways Act, 1890 or railways stores as defined in the Railways Stores (Unlawful Possession) Act, 1955, or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(c) any transport vehicle as defined in clause (33) of section 2 of the Motor Vehicles Act. 1939."<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">104. When such right extends to causing any harm other than death</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">If the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the last preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions mentioned in section 99, to the voluntary causing to the wrong-doer of any harm other than death.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">105. Commencement and continuance of the right of private defence of property</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The right of private defence of property commences when a reasonable apprehension of dancer to the property commences.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The right of private defence of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">106. Right of private defence against deadly assault when there is risk of harm to innocent person</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A. is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children.</span><br /><h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">CHAPTER V : OF ABETMENT<br /><br />107. Abetment of a thing</span></h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A person abets the doing of a thing, who -</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">First- Instigates any person to do that thing; or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Thirdly- Intentionally aids, by any act or illegal omission, the doing of that thing.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 1- A person who by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">108. Abettor</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 3- It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or intention or knowledge as that of the abettor, or any guilty intention or knowledge.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 4- The abetment of an offence being an offence, the abetment of such an abetment is also as offence.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 5- It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">52[108A. Abetment in India of offences outside India</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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 49[India].</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A, in 49[India], instigates B, a foreigner in Goa, to commit a murder in Goa. A is guilty of abetting murder.]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B's official functions. B accepts the bribe. A has abetted the offence defined in section 161.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">110. Punishment of abetment if person abetted does act with different intention from that of abettor</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">111. Liability of abettor when one act abetted and different act done</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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 :</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">112. Abettor when liable to cumulative punishment for act abetted and for act done</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">113. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">114. Abettor present when offence is committed</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">115. Abetment of offence punishable with death or imprisonment for life-if offence not committed</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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 51[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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">116. Abetment of offence punishable with imprisonment-if offence be not committed</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B's official functions. B refuses to accept the bribe. A is punishable under this section.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">117. Abetting commission of offence by the public or by more than ten persons</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">118. Concealing design to commit offence punishable with death or imprisonment for life</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">119. Public servant concealing design to commit offence which it is his duty to prevent</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">120. Concealing design to commit offence punishable with imprisonment</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">32[CHAPTER VA : CRIMINAL CONSPIRACY<br /><br />120A. Definition of criminal conspiracy</span></h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">When two or more persons agree to do, or cause to be done,-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(1) an illegal act, or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">32[120B. Punishment of criminal conspiracy</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 51[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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(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.]</span><br /><h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">CHAPTER VI : OF OFFENCES AGAINST THE STATE<br /><br />121. "Waging, or attempting to wage war, or abetting waging of war, against the Government of India</span></h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, wages war against the 53[Government of India], or attempts to wage such war, or abets the waging of such war, shall be punished with death, or 51[imprisonment for life] 54[and shall also be liable to fine].</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">11[Illustration]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">12[***] A joins an insurrection against the 53[Government of India]. A has committed the offence defined in this section.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">55[***]<br />56[121A. Conspiracy to commit offences punishable by section 121</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever within or without 49[India] conspires to commit any of the offences punishable by section 121, 57[***]or conspires to overawe, by means of criminal force or the show of criminal force, 58[the Central Government or any 59[State] Government 60[***], shall be punished with 61[imprisonment for life], or with imprisonment of either description which may extend to ten years, 62[and shall also be liable to fine].</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- To constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall make place in pursuance thereof.]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">122. Collecting arms, etc., with intention of waging war against the Government of India</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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 53[Government of India], shall be punished with 61[imprisonment for life] or imprisonment of either description for a term not exceeding ten years, 62[and shall also be liable to fine].<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">123. Concealing with intent to facilitate design to wage war</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the 53[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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, with the intention of including or compelling the 63[President] of India, or the 64[Governor 65[***]] of any 66[State], 67[***] 68[***] 69[***] to exercise or refrain from exercising in any manner any of the lawful powers of such 70[President] or 64[Governor 65[***]]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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 70[President or 64[Governor 65[***]]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">71[124A. Sedition</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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, 72[***] the Government established by law in 2[India], 73[***] 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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 1- The expression "disaffection" includes disloyalty and all feelings of enmity.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">125. Waging war against any Asiatic Power in alliance with the Government of India</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever wages war against the Government of any Asiatic Power in alliance or at peace with the 53[Government of India] or attempts to wage such war, or abets the waging of such war, shall be punished with 51[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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">126. Committing depredation on territories of Power at peace with the Government of India</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever commits depredation, or makes preparation to commit depredation, on the territories of any Power in alliance or at peace with the 53[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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">127. Receiving property taken by war on depredation mentioned in sections 125 and 126-</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">128. Public servant voluntarily allowing prisoner of State or war to escape</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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 51[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">129. Public servant negligently suffering such prisoner to escape</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">130. Aiding escape of, rescuing or harbouring such prisoner</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever knowingly aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner. who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with 51[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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in 2[India], is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large.</span><br /><h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">CHAPTER VII : OF OFFENCES RELATING TO THE ARMY , 74[NAVY AND AIR FORCE]<br /><br />131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty</span></h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever abets the committing of mutiny by an officer, soldier, 75[sailor or airman], in the Army, 76[Navy or Air Force] of the 53[Government of India] or attempts to seduce any such officer, soldier, 75[sailor or airman] from his allegiance or his duty, shall be punished with 51[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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">56[Explanation- In this section the words "officer", 77["soldier", 78["sailor"] and "airman"] include any person subject to the 79[Army Act, 80[the Army Act, 1950 (46 of 1950,78[the Naval Discipline Act, 81[***] the 82[Indian Navy (Discipline) Act, 1934 (34 of 1934)] 83[the Air Force Act or 84[the Air Force Act,' 1950 (45 of 1950)], as the case may be]].<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">132. Abetment of mutiny, if mutiny is committed in consequence thereof</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever abets the committing of mutiny by an officer, soldier, 75[sailor or airman] in the Army, 76[Navy or Air Force] of the 53[Government of India], shall, if mutiny be committed in consequence of that abetment, be punished with death or with 4[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever abets an assault by an officer, soldier, 75[sailor or airman], in the Army, 76[Navy or Air Force] of the 53[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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">134. Abetment of such assault, if the assault is committed</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever abets an assault by an officer, soldier, 75[sailor or airman], in the Army, 76[Navy or Air Force] of the 53[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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">135. Abetment of desertion of soldier, sailor or airman</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever abets the desertion of any officer, soldier, 75[sailor or airman], in the Army, 76[Navy or Air Force] of the 53[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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">136. Harbouring deserter</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, except as hereinafter expected, knowing or having reason to believe that an officer, soldier, 75[sailor or airman], in the Army, 76[Navy or Air Force] of the 53[Government of India], has deserted, harbours such officer, soldier, 75[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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Exception- This provision does not extend to the case in which the harbour is given by a wife to her husband.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">137. Deserter concealed on board merchant vessel through negligence of master</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The master or person in charge of a merchant vessel, on board of which any deserter from the Army, 76[Navy or Air Force] of the 53[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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">138. Abetment of act of insubordination by soldier, sailor or airman</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever abets what he knows to be an act of insubordination by an officer, soldier, 75[sailor or airman], in the Army, 76[Navy or Air Force] of the 53[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.<br />[Section 138A. titled "Application of foregoing sections to the Indian Marine Service" repealed by the Amending Act, 1934 (35 of 1934)]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">139. Persons subject to certain Acts</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">No person subject to 85[the Army Act, 80[the Army Act, 1950 (46 of 1950), or the Naval Discipline Act, 78[86[***] 82[the Indian Navy (Discipline) Act, 1934 (34 of 1934)], 83[the Air Force Act 84[the Air Force Act, 1950 (45 of 1950)]]], is subject to punishment under this Code for any of the offences defined in this Chapter.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">140. Wearing garb or carrying token used by soldier, sailor or airman</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, not being a soldier, 75[sailor or airman], in the Military, 76[Naval or Air] service of the 53[Government of India], wears any garb or carries any token resembling any garb or token used by such a soldier, 75[sailor or airman] with the intention that it may be believed that he is such a soldier,75[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.</span><br /><h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">CHAPTER VIII : OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY<br /><br />141. Unlawful assembly</span></h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">An assembly of five or more persons is designated an "unlawful assembly", if the common object of the persons composing that assembly is-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">First- To overawe by criminal force, or show of criminal force, 87[the Central or any State Government or Parliament or the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Second- To resist the execution of any law, or of any legal process; or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Third- To commit any mischief or criminal trespass, or other offence; or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Fourth- By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Fifth- By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what lie is legally entitled to do.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">142. Being member of unlawful assembly</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">143. Punishment</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">144. Joining unlawful assembly armed with deadly weapon</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">145. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">146. Rioting</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">147. Punishment for rioting</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">148. Rioting, armed with deadly weapon</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">149. Every member of unlawful assembly guilty of offence committed in prosecution of common object</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">150. Hiring, or conniving at hiring, of persons to join unlawful assembly</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever hires or engages or employs, or promotes, or connives at the hiring, engagement or employment of any person to join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">151. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- If the assembly is an unlawful assembly within the meaning of section 141, the offender will be punishable under section 145.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">152. Assaulting or obstructing public servant when suppressing riot, etc.</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever assaults or threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, or uses, or threatens, or attempts to use criminal force to such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">153. Wantonly giving provocation with intent to cause riot-if rioting be committed-if not committed</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever malignantly, or wantonly, by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.<br />88[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</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(1) Whoever-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity, 89[or]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">89[(c) organises any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">shall be punished with imprisonment which may extend to three years, or with fine, or with both.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Offence committed in place of worship, etc.- (2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.]<br />89[153B. Imputations, assertions prejudicial to national-integration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(1) Whoever, by words either spoken or written or by signs or by visible representations or otherwise,-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) makes or publishes any imputation that any class of persons cannot, by reason of their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India, or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of their being members of any religious, racial, language or regional group or caste or community, be denied or deprived of their rights as citizens of India, or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(c) makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, language or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">shall be punished with imprisonment which may extend to three years, or with fine, or with both.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(2) Whoever commits an offence specified in sub-section (1), in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall be liable to fine.]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">154. Owner or occupier of land on which an unlawful assembly is held</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the principal officer at the nearest police-station, and do not, in the case of his or their having reason to believe that it was about to be committed, use all lawful means in his or their power to prevent it, and, in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">155. Liability of person for whose benefit riot is committed</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land, respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">156. Liability of agent of owner or occupier for whose benefit riot is committed</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">157. Harbouring persons hired for an unlawful assembly</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons, knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">158. Being hired to take part in an unlawful assembly or riot</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or to go armed- and whoever, being so engaged or hired as aforesaid, goes armed or engages or offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">159. Affray</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">When two or more persons, by fighting in a public place, disturb the public peace, they are said to "commit an affray".<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">160. Punishment for committing affray</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both.</span><br /><h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">CHAPTER IX : OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS<br />[Sections 161. To 165A. repealed by the Prevention of Corruption Act, 1988 (49 of 1988)]<br /><br />166. Public servant disobeying law, with intent to cause injury to any person</span></h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z's favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">167. Public servant framing an incorrect document with intent to cause injury</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being a public servant, and being, as 89A[such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record] in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">168. Public servant unlawfully engaging in trade</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">169. Public servant unlawfully buying or bidding for property</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">170. Personating a public servant</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">171. Wearing garb or carrying token used by public servant with fraudulent intent</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, not belonging, to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both.</span><br /><h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">[CHAPTER IXA : OF OFFENCES RELATING TO ELECTIONS<br /><br />171A. "Candidate", "Electoral right" defined</span></h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">For the purposes of this Chapter-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">91[(a)"candidate" means a person who has been nominated as a candidate at any election;]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) "electoral right" means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at any election.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">171B. Bribery</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(1) Whoever-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(i) gives a gratification to any person with the object of inducing. him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">commits the offence of bribery:</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Provided that a declaration of public policy or a promise of public action shall not be an offence under this section.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">171C. Undue influence at elections</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(2) Without prejudice to the generality of the provisions of sub-section (1), whoever-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1).</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(3) A declaration of public policy or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">171D. Personation at elections</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever at an election applied for a voting paper or votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence or personation at an election.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">171E. Punishment for bribery</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both:</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Provided that bribery by treating shall be punished with fine only.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- "Treating" means that form of bribery where the gratification consists in food, drink, entertainment, or provision.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">171F. Punishment for undue influence or personation at an election</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">171G. False statement in connection with an election</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">171H. Illegal payments in connection with an election</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hundred rupees:</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">171I. Failure to keep election accounts</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever being required by any law for the time being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with fine which may extend to five hundred rupees.]</span><br /><h1><span style="color: #666666; font-family: "Arial","sans-serif"; font-size: 10pt;">CHAPTER X : OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS<br /><br />172. Absconding to avoid service of summons or other proceeding</span></h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever absconds in order to avoid being served with a summons, notice or order, proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or, if the summons or notice or order is to attend in person or by agent, or to 89A[produce a document or an electronic record in a Court of Justice], with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">173. Preventing service of summons or other proceeding, or preventing publication thereof</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order, proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or intentionally prevents the lawful affixing to any place or any such summons, notice or order,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or intentionally prevents the lawful making of any proclamation, under the authority</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">of any public servant legally competent, as such public servant, to direct such proclamation to be made,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or, if the summons, notice, order or proclamation is to attend in person or by agent, or 89A[to produce a document or electronic record in a Court of Justice], with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">174. Non-attendance in obedience to an order from public servant</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">intentionally omits to attend at that place of time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) A, being legally bound to appear before the 92[High Court] at Calcutta, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) A, being legally bound to appear before a 93[District Judge], as a witness, in obedience to a summons issued by that 93[District Judge] intentionally omits to appear. A has committed the offence defined in this section.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">175. Omission to produce document to public servant by person legally bound to produce it</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being legally bound to produce or deliver up any 89A[document or electronic record] of any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or, if the 89A[document or electronic record] is to be produced or delivered up to a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span></strong><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A, being legally bound to produce a document before a 94[District Court], intentionally omits to produce the same. A has committed the offence defined in this section.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">176. Omission to give notice or information to public servant by person legally bound to give it</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">95[or, if the notice or information required to be given is required by an order passed under sub-section (1) of section 565 of the Code of Criminal Procedure, 1898 (5 of 1898) with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">177. Furnishing false information</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both.</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span></strong><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neighbouring place, and being bound under clause 5, section VII, 96[Regulation III, 1821], of the Bengal Code, to give early and punctual information of the above fact to the officer of the nearest police station, wilfully misinforms the police officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in a different direction. Here A is guilty of the offence defined in the later part of this section.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">97[Explanation- in section 176 and in this section the word "offence" includes any act committed at any place out of 98[India], which, if committed in 98[India], would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and the word "offender" includes any person who is alleged to have been guilty of any such act.]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">178. Refusing oath or affirmation when duly required by public servant to make it</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever refuses to bind himself by an oath 99[or affirmation] to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">179. Refusing to answer public servant authorised to question</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">180. Refusing to sign statement</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">181. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being legally bound by an oath 1[or affirmation] to state the truth on any subject to any public servant or other person authorized by law to administer such oath 1[or affirmation], makes, to such public servant or other person as aforesaid, touching the subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">100[182. False information, with intent to cause public servant to use his lawful power to the injury of another person</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) to use the lawful power of such public servant to the injury or annoyance of any person,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) A falsely informs a public servant that Z has contraband salt in a secret place knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z's premises, attended with annoyance to Z. A has committed the offence defined in this section.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assistants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villages or some of them. A has committed an offence under this section.]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">183. Resistance to the taking of property by the lawful authority of a public servant</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">184. Obstructing sale of property offered for sale by authority of public servant</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">185. Illegal purchase or bid for property offered for sale by authority of public servant</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any property on account of any person, whether himself or any other, whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">186. Obstructing public servant in discharge of public functions</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">187. Omission to assist public servant when bound by law to give assistance</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">and if such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the commission of an offence, or of suppressing a not, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">188. Disobedience to order duly promulgated by public servant</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">shall, if such disobedience causes to tender to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a not or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">An order is promulgated by a public servant lawfully empowered to promulgate such order, direction that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of not. A has committed the offence defined in this section.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">189. Threat of injury to public servant</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">190. Threat of injury to induce person to refrain from applying for protection to public servant</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;"><br /><strong><span style="font-family: "Verdana","sans-serif";">Foot Notes</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">1. IPC extended to Berar by the Berar Laws Act, 1941 and declared in force in-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Sonthal Parganas, by the Sonthal Parganas Settlement Regulation, 1872. Panth Piploda, by the Panth Piploda Laws Regulation, 1929; Khondmals District, by the Khondmals Laws Regulation, 1936; and Angul District, by the Angul Laws Regulation, 1936. It has been declared under section 3(a) of the Scheduled Districts Act, 1874 to be in force in the following Scheduled Districts, namely the United Provinces Tarai Districts, see Gazette of India, 1876. Pt. 1. p. 505; the Districts of Hazaribagh. Lohardaga (now called the Ranchi District) and Manbhum and Parganas.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Dhalbhum and the Kolhan in the District of Singhbhum, see Gazette of India, 1881, Pt. 1, p. 504. It has been extended under section 5 of the same Act to the Lushai Hills, see Gazette of India, 1898, Pt. 11, p. 345.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962; to Dadra and Nagar Haveli by Reg. 6 of 1963; to Pondicherry by Reg. 7 of 1963 and to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965. It has been extended to the State of Sikkim w.e.f. 13th. September, 1994 vide Notification No. S.O. 516(E), dated 9th. July, 1994.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">2. The words "British India" have successively been substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1948, the Govt. of India (Adaptation of Indian Laws) Order, 1950 and Act 3 of 1951 to read as above.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">3. Successively been amended by Act No. 12 of 1891, the Govt. of India (Adaptation of Indian Laws) Order, 1937, the Govt. of India (Adaptation of Indian Laws) Order, 1948 and the Govt. of India (Adaptation of Indian Laws) Order, 1950 to read as above.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">4. Substituted by Act No. 3 of 1951, for the words "except Part B States".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">5. The original words "the said territories" have successively been amended by the Govt. of India (Adaptation of Indian Laws) Order, 1937, the Govt. of India (Adaptation of Indian Laws) Order, 1948, the Govt. of India (Adaptation of Indian Laws) Order, 1950 and Act No. 3 of 1951 to read as above.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">6. The words and figures "on or after the said first day of May, 1861" omitted by Act No. 12 of 1891.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">7. Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1937, for the words "law passed by the Governor General of India in Council".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">8. The original words "the limits of the said territories" have successively been amended by the Govt. of India (Adaptation of Indian Laws) Order, 1937, the Govt. of India (Adaptation of Indian Laws) Order, 1948, the Govt. of India (Adaptation of Indian Laws) Order, 1950 and Act No. 3 of 1951 to read as above.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">9. Substituted by Act No. 4 of 1898, for the original section.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">10. Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1950, for clauses (1) to (4).</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">11. Substituted by Act No. 36 of 1957, for the word "Illustrations".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">12. The brackets and letter "(a)" omitted by Act No. 36 of 1957.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">13. Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1948, for the words "a coolie, who is a Native Indian subject".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">14. Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1950, for the words "a British subject of Indian domicile".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">15. Illustrations (b), (c) and (d) omitted by the Govt. of India (Adaptation of Indian Laws) Order, 1950.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">16. Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1950, for the original section.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">17. The word and letter "Part A" omitted by Act No. 3 of 1951.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">18. Substituted by Act No. 3 of 1951, for the former section which was inserted by the Govt. of India (Adaptation of Indian Laws) Order, 1950.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">19. Omitted by the Madras Civil Courts Act, 1873.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">20. Clause First omitted by the Govt. of India (Adaptation of Indian Laws) Order, 1950.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">21. Substituted by Act No. 10 of 1927, for the words "or Naval".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">22. The original words "of the Queen while serving under the Government of India or any Government" have successively been amended by the Govt. of India (Adaptation of Indian Laws) Order, 1937, the Govt. of India (Adaptation of Indian Laws) Order, 1948 and the Govt. of India (Adaptation of Indian Laws) Order, 1950.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">23. The former clause substituted by Act No. 40 of 1964.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">24. Inserted by Act No. 40 of 1964.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">25. Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1950, for the words "the Crown".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">26. Omitted by Act No. 40 of 1964.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">27. Inserted by Act No. 39 of 1920.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">28. Explanation 4 inserted by Act No. 2 of 1959 and omitted by Act No. 40 of 1964.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">29. Earlier Explanation substituted by Act No. 1 of 1889.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">29A. Section 29A inserted by the Information Technology Act, 2000, w.e.f. 17th. October, 2000.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">30. Earlier section substituted by Act No. 27 of 1870.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">31. Substituted by Act No. 8 of 1930, for the word "Chapter".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">32. Inserted by Act No. 8 of 1913.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">33. Inserted by Act No. 8 of 1882.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">34. Inserted by Act No. 10 of 1886.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">35. Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1948, for the words "British India".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">36. The words "the territories comprised in" omitted by Act No. 48 of 1952.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">37. Substituted by Act No. 3 of 1951, for the words "the States".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">38. Inserted by Act No. 8 of 1942.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">39. Substituted by Act No. 26 of 1955 for the words "Secondly-Transportation", w.e.f. 1st. January, 1956.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">40. Clause Thirdly omitted by Act No. 17 of 1949, w.e.f. 6th. April, 1949.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">41. Inserted by Act No. 26 of 1955, w.e.f. 1st. January, 1956.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">42. Substituted by Act No. 36 of 1957, for the figures "1954".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">43. Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1950 for the words "the Central Government or the Provincial Government of the Province within which the offender shall have been sentenced".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">44. Substituted by Act No. 26 of 1955, section 117, for the word "transportation", w.e.f. 1st. January, 1956.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">45. Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1950, for the words "The Provincial Government of the Province within which the offender shall have been sentenced".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">46. Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1950, for section 55A which had been inserted by the Govt. of India (Adaptation of Indian Laws) Order, 1937.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">47. Substituted by Act No. 8 of 1882 for the words "In every case in which an offender is sentenced to a fine".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">48. Substituted by Act No. 8 of 1882, for the words "be less than a".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">48A. Earlier section substituted by Act No. 3 of 1910.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">49. The words "British India" have successively been Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1948, the Govt. of India (Adaptation of Indian Laws) Order, 1950 and Act No. 3 of 1951.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">50. The word "or" at the end of clause (a) and clause (b) omitted by Act No. 3 of 1951.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">51. Substituted by Act No. 26 of 1955, for the words "transportation for life", w.e.f. 1st. January, 1956.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">52. Added by Act No. 4 of 1898.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">53. Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1950, for the word "Queen".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">54. Substituted by Act No. 16 of 1921, for the words "and shall forfeit all his property".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">55. Illustration (b) omitted by the Govt. of India (Adaptation of Indian Laws) Order, 1950.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">56. Inserted by Act No. 27 of 1870.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">57. The words "or to deprive the Queen of the sovereignty of the Provinces or of any part thereof" omitted by the Govt. of India (Adaptation of Indian Laws) Order, 1950.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">58. Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1937, for the words "the Government of India" or any "Local Government".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">59. Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1950, for the word "Provincial".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">60. The words "or the Government of Burma" omitted by the Govt. of India (Adaptation of Indian Laws) Order, 1948.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">61. Substituted by Act No. 26 of 1955 for the words "transportation for life or any shorter term", w.e.f. 1st. January, 1956.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">62. Inserted by Act No. 16 of 1921, for the words "and shall forfeit all his property".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">63. Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1950, for the words "Governor General".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">64. Substituted by Act No. 3 of 1951, for the word "Governor".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">65. The words "or Rajpramukh" omitted by the Govt. of India (Adaptation of Indian Laws) Order, 1956.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">66. Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1950, for the word "Province".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">67. The words "or a Lieutenant-Governor" omitted by the Govt. of India (Adaptation of Indian Laws) Order, 1937.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">68. The words "or a Member of the Council of the Governor General of India" omitted by the Govt. of India (Adaptation of Indian Laws) Order, 1948.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">69. The words "or of the Council of any Presidency" omitted by the Govt. of India (Adaptation of Indian Laws) Order, 1937.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">70. The original words "Governor General, Governor, Lieutenant-Governor or Member of Council" have successfully been amended by the Govt. of India (Adaptation of Indian Laws) Order, 1937, the Govt. of India (Adaptation of Indian Laws) Order, 1948 and the Govt. of India (Adaptation of Indian Laws) Order, 1950 to read as above.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">71. Substituted by Act No. 4 of 1898, for the original section 124A.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">72. The words "Her Majesty or" omitted by the Govt. of India (Adaptation of Indian Laws) Order, 1950. The words "or the Crown Representative inserted after the word "Majesty" by the Govt. of India (Adaptation of Indian Laws) Order, 1937 were omitted by the Govt. of India (Adaptation of Indian Laws) Order, 1948.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">73. The words "or British India" inserted by the Govt. of India (Adaptation of Indian Laws) Order, 1937 omitted by the Govt. of India (Adaptation of Indian Laws) Order, 1948.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">74. Substituted by Act No. 10 of 1927, for the words "and Navy".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">75. Substituted by Act No. 10 of 1927, for the words "or sailor".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">76. Substituted by Act No. 10 of 1927, for the words "or Navy".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">77. Substituted by Act No. 10 of 1927, for the words "and soldier".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">78. Inserted by Act No. 35 of 1934.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">79. Substituted by Act No. 10 of 1927 for the words and figures "Articles of War for the better government of Her Majesty's Army, or to the Articles of war contained in Act No. 5 of 1869".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">80. Substituted by Act No. 3 of 1951 for the words and figures "the Indian Army Act, 1911".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">81. The words "or that Act as modified by" omitted by the Govt. of India (Adaptation of Indian Laws) Order, 1950.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">82. Now see the Navy Act, 1957.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">83. Substituted by Act No. 14 of 1932, for the words "or the Air Force Act".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">84. Substituted by Act No. 3 of 1956, for the words and figures "the Indian Air Force Act, 1932"</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">85. Substituted by Act No. 10 of 1927 for the words "any Article of War for the Army- or Navy of the Queen, or for any part of such Army of Navy".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">86. The words "or that Act as modified" omitted by the Govt. of India (Adaptation of Indian Laws) Order, 1950.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">87. Substituted by The Govt. of India (Adaptation of Indian Laws) Order, 1950 for the words "Central or any Provincial Government or legislature".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">88. Substituted by Act No. 35 of 1969, for the former section.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">89. Inserted by Act No. 31 of 1972.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">89A. Substituted by the Information Technology Act, 2000, w.e.f. 17th. October, 2000.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">90. Chapter IXA inserted by Act No. 39 of 1920.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">91. Substituted by Act No. 40 of 1975 for clause (a).</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">92. Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1950, for the words "Supreme Court".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">93. Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1950, for the words "Zila Judge".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">94. Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1950, for the words "Zila Court".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">95. Inserted by Act No. 22 of 1939.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">96. Omitted by Act No. 17 of 1862.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">97. Inserted Added by Act No. 3 of 1894.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">98. Substituted by the Govt. of India (Adaptation of Indian Laws) Order, 1948, the Govt. of India (Adaptation of Indian Laws) Order, 1950 and Act No. 3 of 1951.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">99. Inserted by Act No. 10 of 1873.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">100. Substituted by Act No. 3 of 1895.</span><br /><h1><span style="color: #666666; font-family: "Arial","sans-serif"; font-size: 10pt;">CHAPTER XI : OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE<br /><br />191. Giving false evidence</span></h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 1- A statement is within the meaning of this section, whether it is made verbally or otherwise.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 2- A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B's claim. A has given false evidence.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(c) A, knowing the general character of Z's handwriting, states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A's statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">192. Fabricating false evidence</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever causes any circumstance to exist or 100A[makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement], intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said "to fabricate false evidence".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) A, puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court of Justice. A has fabricated false evidence.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z's handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the Police are likely to search. A has fabricated false evidence.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">193. Punishment for false evidence</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 1- A trial before a Court-martial; 101[***] is a judicial proceeding.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 2- An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a state of a judicial proceeding, A has given false evidence.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 3- An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a state of a judicial proceeding, though that investigation may not take place before a Court of Justice.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A, in any enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding. A has given false evidence.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">194. Giving or fabricating false evidence with intent to procure conviction of capital offence</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital 102[by the law for the time being in force in 103[India]] shall be punished with 104[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">if innocent person be thereby convicted and executed- and if an innocent person be convicted and executed in consequence of such false evidence, the person who gives such false evidence shall be punished either with death or the punishment herein before described.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which 102[by the law for the time being in force in 103[India]] is not capital, but punishable with 104[imprisonment for life], or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is 104[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to 105[imprisonment for life] or imprisonment, with or without fine.<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">196. Using evidence known to be false</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">197. Issuing or signing false certificate</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">198. Using as true a certificate known to be false</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">199. False statement made in declaration which is by law receivable as evidence</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">200. Using as true such declaration knowing it to be false</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 to 200.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">201. Causing disappearance of evidence of offence, or giving false information to screen offender</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">if a capital offence- shall, if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">if punishable with imprisonment for life- and if the offence is punishable with 104[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">if punishable with less than ten years' imprisonment- and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description provided for the offence, for a term which may extend to one -fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment of either description for seven years, and also to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">202. Intentional omission to give information of offence by person bound to inform</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">203. Giving false information respecting an offence committed</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">106[Explanation- In sections 201 and 202 and in this section the word "offence", includes any act committed at any place out of 107[India], which, if committed in 107[India], would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460.]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">204. Destruction of document to prevent its production as evidence</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever secretes or destroys any 100A[document or electronic record] which he may be lawfully compelled to produce as evidence in a Court of Justice, or in any proceeding lawfully held before a public servant, as such, or obligates or renders illegible the whole or any part of such 100A[document or electronic record] with the intention of prevention the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">205. False personation for purpose of act or proceeding in suit or prosecution</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgement, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest there in from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">207. Fraudulent claim to property to prevent its seizure as forfeited or in execution</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practices any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">208. Fraudulently suffering decree for sum not due</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum that is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A institutes a suit against Z. Z knowing that A is likely to obtain a decree against him, fraudulently suffers a judgement to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z's property which may be made under A's decree. Z has committed an offence under this section.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">209. Dishonestly making false claim in Court</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">210. Fraudulently obtaining decree for sum not due</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever fraudulently obtains a decree or order against any person for a sum not due or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">211. False charge of offence made with intent to injure</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">and if such criminal proceeding be instituted on a false charge of an offence punishable with death, 104[imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">212. Harbouring offender</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">if a capital offence- shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">if punishable with imprisonment for life, or with imprisonment- and if the offence is punishable with 104[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">and if the offence is punishable with imprisonment which may extend to one year, and not to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">108["Offence" in this section includes any act committed at any place out of 109[India], which, if committed in 109[India], would be punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in 3[India].]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Exception- This provision shall not extend to any case in which the harbour or concealment is by the husband or wife of the offender.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal punishment. Here, as B is liable to 104[imprisonment for life], A is liable to imprisonment of either description for a term not exceeding three years, and is also liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">213. Taking gift, etc., to screen an offender from punishment</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">if a capital offence- shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">if punishable with imprisonment for life, or with imprisonment- and if the offence is punishable with 104[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">and if the offence is punishable with 104[imprisonment not extending to ten], or with years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">214. Offering gift or restoration of property in consideration of screening offender</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or 110[restores or causes the restoration of] any property to any person, in consideration of that person's concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">if a capital offence- shall, if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">if punishable with imprisonment for life, or with imprisonment- and if the offence is punishable with 104[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">and if the offence is punishable with imprisonment not extending to ten years, shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">111[Exception- The provisions of sections 213 and 214 do not extend to any case in which the offence may lawfully be compounded.]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">112[***]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">215. Taking gift to help to recover stolen property, etc.</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Code, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">216. Harbouring offender who has escaped from custody or whose apprehension has been ordered</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours of conceals that person which the intention of preventing him from being apprehended, shall be punished in the manner following that is to say:-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">if a capital offence- if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">if punishable with imprisonment for life, or with imprisonment- if the offence is punishable with 104[imprisonment for life], or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without. fine;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">and if the offence is punishable with imprisonment which may extend to one year and not to ten years, he shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of the imprisonment provided for such offence, or with fine, or with both.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">113["Offence" in this section includes also any act or omission of which a person is alleged to have been guilty out of 109[India], which, if he had been guilty of it in 109[India], would have been punishable as an offence, and for which he is, under any law relating to extradition, 114[***] or otherwise, liable to be apprehended or detained in custody in 109[India]; and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in 109[India].]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Exception- This provision does not extend to the case in which the harbour or concealment is by the husband or wife of the person to be apprehended.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">108[216A. Penalty for harbouring robbers or dacoits</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- For the purposes of this section it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without 109[India].</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Exception- This provision does not extend to the case in which the harbour is by the husband or wife of the offender.]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">[216B. Definition of "harbour" in sections 212, 216 and 216A: Repealed by the Indian Penal Code (Amendment) Act, 1942 (8 of 1942)]</span></strong><b><br /></b><br /><strong><span style="font-family: "Verdana","sans-serif";">217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">219. Public servant in judicial proceeding corruptly making report, etc., contrary to law</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being in any office which gives him legal authority to commit persons for trial or to commitment, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">221. Intentional omission to apprehend on the part of public servant bound to apprehend</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say:-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with death; or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with 104[imprisonment for life] or imprisonment for a term which may extend to ten years; or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court of Justice for any offence 115[or lawfully committed to custody], intentionally omits to apprehend such person, or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say:-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">with 104[imprisonment for life] or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who out to have been apprehended, is under sentence of death; or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement or who ought to have been apprehended, is subject, by a sentence of a Court of Justice, or by virtue of a commutation of such sentence, to 104[imprisonment for life] 116[***] 117[***] 118[***] 119[***] or imprisonment for a term of ten years up upwards; or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended is subject, by a sentence of a Court of Justice, to imprisonment for a term not exceeding to ten years 120[or if the person was lawfully committed to custody].<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">223. Escape from confinement or custody negligently suffered by public servant</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence 120[or lawfully committed to custody], negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">224. Resistance or obstruction by a person to his lawful apprehension</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- The punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">225. Resistance or obstruction to lawful apprehension of another person</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with 104[imprisonment for life] or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or, if the person to be apprehended, or the person attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or, if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a Court of Justice, or by virtue of a commutation of such a sentence, to 104[imprisonment for life] 117[***] 118[***] 121[***] or imprisonment, for a term of ten years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with 104[imprisonment for life] or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">122[225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 221, section 222 or section 223, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">225B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, in any case not provided for in section 224 or section 225 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.]<br /><br /><em><span style="font-family: "Verdana","sans-serif";">[226. Unlawful return from transportation: Repealed by the Code of Criminal Procedure (Amendment) Act, 1995, w.e.f. 1st. January, 1956]</span></em><i><br /></i><br /><strong><span style="font-family: "Verdana","sans-serif";">227. Violation of condition of remission of punishment</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, having accepted any conditional remission of punishment, knowingly violates any condition on which such remission was granted, shall be punished with the punishment to which he was originally sentenced, if he has already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">228. Intentional insult or interruption to public servant sitting in judicial proceeding</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">123[228A. Disclosure of identity of the victim of certain offences etc.</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376, section 376A, section 376B, section 376C or section 376D is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) by or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) by, or with the authorisation in writing of, the victim; or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(c) where the victim is dead or minor or of unsound mind, by, or with the authorisation in writing of, the next of kin of the victim :</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- For the purposes of this sub-section, "recognised welfare institution or organisation" means a social welfare institution or organisation recognised in this behalf by the Central or State Government.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(3) Whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in sub-section (1) without the previous permission of such court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- The printing or publication of the judgement of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">229. Personation of a juror or assessor</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as a juryman or assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn, or knowing himself to have been so returned, empanelled or sworn contrary to law, shall voluntarily serve on such jury or as such assessor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.</span><br /><h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">CHAPTER XII : OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS<br /><br />230. "Coin" defined</span></h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">124[Coin is metal used for the time being as money, and stamped and issued by the authority of some State or Sovereign Power in order to be so used.]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Indian coin- 125[Indian coin is metal stamped and issued by the authority of the Government of India in order to be used as money; and metal which has been so stamped and issued shall continue to be Indian coin for the purposes of this Chapter, notwithstanding that it nay have ceased to be used as money.]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) Cowries are not coin.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) Lumps of unstamped copper, though used as money, are not coin.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(c) Medals are not coin, in as much as they are not intended to be used as money.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(d) The coin denominated as the Company's rupee is 126[Indian coin].</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">127[(c) The "Farukhabad rupee" which was formerly used as money under the authority of the Government of India is 126[Indian coin] although it is no longer so used].<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">231. Counterfeiting coin</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever counterfeits or knowingly performs any part of the process of counterfeiting coin, shall be punished with imprisonment of either description for a term which nay extend to seven years, and shall also be liable to fine.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- A person commits this offence who intending to practise deception, or knowing it to be likely that deception will thereby be practised, causes a genuine coin to appear like a different coin.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">232. Counterfeiting Indian coin</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever counterfeits, or knowingly performs any part of the process of counterfeiting 126[Indian coin], shall be punished with 104[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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">233. Making or selling instrument for counterfeiting coin</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">234. Making or selling instrument for counterfeiting Indian coin</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever makes or mends, or performs any part of the process of making or mending, or buys, sells or disposes of, any die or instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting 126[Indian coin], shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">235. Possession of instrument, or material for the purpose of using the same for counterfeiting coin</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever is in possession of any instrument or material, for the purpose of using the same for counterfeiting coin, or knowing or having reason to believe that the same is intended to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">if Indian coin- and if the coin to be counterfeited is 128[Indian coin], shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">236. Abetting in India the counterfeiting out of India of coin</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being within 128[India], abets the counterfeiting of coin out of 128[India], shall be punished in the same manner as if he abetted the counterfeiting of such coin within 128[India].<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">237. Import or export of counterfeit coin</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever imports into128[India], or exports therefrom, any counterfeit coin, knowing or having reason to believe that the same is counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">238. Import or export of counterfeits of the India coin</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever imports into 128[India], or exports therefrom, any counterfeit coin, which he knows or has reason to believe to be a counterfeit of 129[Indian coin], shall be punished with imprisonment with 188[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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">239. Delivery of coin, possessed with knowledge that it is counterfeit</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, having any counterfeit coin, which at the time when he became possessed of it knew to be counterfeit, fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">240. Delivery of Indian coin, possessed with knowledge that it is counterfeit</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, having. any counterfeit coin which is a counterfeit of 129[Indian coin], and which, at the time when he became possessed of it, he knew to be a counterfeit of 128[Indian coin], fraudulently or with intent that fraud may be committed, delivers the same to any person, or attempts to induce any person to receive it shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever delivers to any other person as genuine, or attempts to induce any other person to receive as genuine, any counterfeit coin which he knows to be counterfeit, but which he did not know to be counterfeit at the time when he took it into his possession, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin counterfeited, or with both.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A, a coiner, delivers counterfeit Company's rupees to his accomplice B, for the purpose of uttering them. B sells the rupees to C, another utterer, who buys them knowing them to be counterfeit. C pays away the rupees for goods to D, who receives them, not knowing them to be counterfeit. D, after receiving the rupees, discovers that they are counterfeit and pays them away as if they were good. Here D is punishable only under this section, but B and C are punishable under section 239 or 240, as the case may be.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">242. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">243. Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, fraudulently or with intent that fraud may be committed, is in possession of counterfeit coin, which is a counterfeit of 126[Indian coin], having known at the time when he became possessed of it that it was counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">244. Person employed in mint causing coin to be of different weight or composition from that fixed by law</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being employed in any mint lawfully established in 128[India], does any act, or omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of a different weight or composition from the weight or composition fixed by law, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">245. Unlawfully taking coining instrument from mint</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, without lawful authority, takes out of any mint, lawfully established in 128[India], any coining tool or instrument, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">246. Fraudulently or dishonestly diminishing weight or altering composition of coin</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- A person who scoops out part of the coin and puts anything else into the cavity alters the composition of that coin.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">247. Fraudulently or dishonestly diminishing weight or altering composition of Indian coin</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever fraudulently or dishonestly performs on 130[any Indian coin] any. operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">248. Altering appearance of coin with intent that it shall pass as coin of different description</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever performs on any coin any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">249. Altering appearance of Indian coin with intent that it shall pass as coin of different description</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever performs on 130[any Indian coin] any operation which alters the appearance of that coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">250. Delivery of coin, possessed with knowledge that it is altered</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, having coin in his possession with respect to which the offence defined in section 246 or 248 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">251. Delivery of Indian coin, possessed with knowledge that it is altered</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, having coin in his possession with respect to which the offence defined in section 247 or 249 has been committed, and having known at the time when he became possessed of such coin that such offence had been committed with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other person, or attempts to induce any other person to receive the same, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">252. Possession of coin by person who knew it to be altered when he became possessed thereof</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in either of the section 246 or 248 has been committed, having known at the time of becoming possessed thereof that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">253. Possession of Indian coin by person who knew it to be altered when he became possessed thereof</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, fraudulently or with intent that fraud may be committed, is in possession of coin with respect to which the offence defined in either of the section 247 or 249 has been committed, having known at the time of becoming possessed thereof, that such offence had been committed with respect to such coin, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">254. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be altered</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever delivers to any other person as genuine or as a coin of a different description from what it is, or attempts to induce any person to receive as genuine, or as a different coin from what it is, any coin in respect of which he knows that any such operation as that mentioned in section 246, 247, 248 or 249 has been performed, but in respect of which he did not, at the time when he took it into his possession, know that such operation had been performed, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine to an amount which may extend to ten times the value of the coin for which the altered coin is passed, or attempted to be passed.<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">255. Counterfeiting Government stamp</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any stamp issued by Government for the purpose of revenue, shall be punished with 104[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.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- A person commits this offence who counterfeits by causing a genuine stamp of one denomination to appear like a genuine stamp of a different denomination.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">256. Having possession of instrument or material for counterfeiting Government stamp</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever has in his possession any instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">257. Making or selling instrument for counterfeiting Government stamp</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever makes or performs any part of the process of making, or buys, or sells, or disposes of, any instrument for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">258. Sale of counterfeit Government stamp</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, sells, or offers for sale, any stamp which he knows or has reason to believe to be a counterfeit of any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">259. Having possession of counterfeit Government stamp</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever has in his possession any stamp which he knows to be a counterfeit of any stamp issued by Government for the purpose of revenue, intending to use, or dispose of the same as a genuine stamp, or in order that it may be used as a genuine stamp, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">260. Using as genuine a Government stamp known to be a counterfeit</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever uses as genuine any stamp, knowing it to be counterfeit of any stamp issued by Government for the purpose of revenue, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">261. Effacing, writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, fraudulently or with intent to cause loss to the Government, removes or effaces from any substance, bearing any stamp issued by Government for the purpose of revenue, any writing or document for which such stamp has been used, or removes from any writing or document a stamp which has been used for such writing or document, in order that such stamp may be used for a different writing or document, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">262. Using Government stamp known to have been before used</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, fraudulently or with intent to cause loss to the Government, uses for any purpose a stamp issued by Government for the purpose of revenue, which he knows to have been before used, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">263. Erasure of mark denoting that stamp has been used</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, fraudulently or with intent to cause loss to Government, erases or removes from a stamp issued by the Government for the purpose of revenue, any mark, put or impressed upon such stamp for the purpose of denoting that the same has been used, or knowingly has in his possession or sells or disposes of any such stamp from which such mark-nark has been erased or removed, or sells or disposes of any such stamp which he knows to have been used, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">131[263A. Prohibition of fictitious stamps</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(1) Whoever-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) makes, knowingly utters, deals in or sells any fictitious stamps, or knowingly uses for any postal purpose any fictitious stamp, or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) has in his possession, without lawful excuse, any fictitious stamp, or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(c) makes or, without lawful excuse, has in his possession any die, plate, instrument or materials for making any fictitious stamp,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">shall be punished with fine which may extend to two hundred rupees.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(2) Any such stamps, die, plate, instrument or materials in the possession of any person for making any fictitious stamp 132[may be seized and, if seized] shall be forfeited.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(3) In this section "fictitious stamp" means any stamp falsely purporting to be issued by the Government for the purpose of denoting a rate of postage, or any facsimile or irritation or representation, whether on paper or otherwise, of any stamp issued by Government for that purpose.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(4) In this section and also in sections 255 to 263, both inclusive, the word "Government", when used in connection with, or in reference to, any stamp issued for the purpose of denoting a rate of postage, shall, notwithstanding anything in section 17, be deemed to include the person or persons authorised by law to administer executive government in any part of India, and also in any part of Her Majesty's dominions or in any foreign country.]</span><br /><h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">CHAPTER XIII : OF OFFENCES RELATING TO WEIGHTS AND MEASURES<br /><br />264. Fraudulent use of false instrument for weighing</span></h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever fraudulently uses any instrument for weighing which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">265. Fraudulent use of false weight or measure</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever fraudulently uses any false weight or false measure of length or capacity, or fraudulently uses any weight or any measure of length or capacity as a different weight or measure from what it is, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">266. Being in possession of false weight or measure</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever is in possession of any instrument for weighing, or of any weight, or of any measure of length or capacity, which he knows to be false, 133[***] intending that the same may be fraudulently used, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.<br /><br />267. Making or selling false weight or measure</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever makes, sells or disposes of any instrument for weighing, or any weight, or any measure of length or capacity which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.</span><br /><h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">CHAPTER XIV : OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS<br /><br />268. Public nuisance</span></h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A common nuisance is not excused on the ground that it causes some convenience or advantage.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">269. Negligent act likely to spread infection of disease dangerous to life</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">270. Malignant act likely to spread infection of disease dangerous to life</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">271. Disobedience to quarantine rule</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever knowingly disobeys any rule made and promulgated 134[by the 135[***] Government 136[***] for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, or for regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">272. Adulteration of food or drink intended for sale</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.</span><br /><b><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;"><br /><strong><span style="font-family: "Verdana","sans-serif";">STATE AMENDMENTS</span></strong></span></b><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In State of Uttar Pradesh</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In sections 272, 273, 274, 275 and 276 for the words "shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both" the following shall be substituted: -</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">"shall be punished with imprisonment for life and shall also be liable to fine:</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Provided that the court may, for adequate reason to be mentioned in the judgement, impose a sentence of imprisonment which is less than imprisonment for life."</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In State of West Bengal w.e.f. 29th. April, 1973</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In its application to the State of West Bengal in sections 272, 273, 274, 275 and 276 for the words "of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both" the following shall be substituted: -</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">"for life with or without fine:</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Provided that the Court may, for adequate and special reasons to be mentioned in the judgment. impose a sentence of imprisonment which is less than imprisonment for life."<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">273. Sale of noxious food or drink</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">274. Adulteration of drugs</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medical purpose, as if it had not undergone such adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">275. Sale of adulterated drugs</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">276. Sale of drug as a different drug or preparation</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">277. Fouling water of public spring or reservoir</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">278. Making atmosphere noxious to health</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons is general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">279. Rash driving or riding on a public way</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">280. Rash navigation of vessel</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">281. Exhibition of false light, mark or buoy</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">282. Conveying person by water for hire in unsafe or overloaded vessel-</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that vessel is in such a state or as loaded as to endanger the life of that person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">283. Danger or obstruction in public way or line of navigation</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to two hundred rupees.<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">284. Negligent conduct with respect to poisonous substance</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against any probable danger to human life from such poisonous substance,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">285. Negligent conduct with respect to fire or combustible matter</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">286. Negligent conduct with respect to explosive substance</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever does, with any explosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against an probable danger to human life from that substance,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">287. Negligent conduct with respect to machinery</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever does, with any machinery, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">288. Negligent conduct with respect to pulling down or repairing buildings</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, in pulling down or repairing any building, knowingly or negligently omits to take such order with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">289. Negligent conduct with respect to animal</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">290. Punishment for public nuisance in cases not otherwise provided for</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to two hundred rupees.<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">291. Continuance of nuisance after injunction to discontinue</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.<br />137[292. Sale, etc., of obscene books, etc.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">138[(1) For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt person, who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or. embodied in it].</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">139[(2)] Whoever-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(c) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(d) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(e) offers or attempts to do any act which is an offence under this section,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">shall be punished 140[on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees].</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">140[Exception- This section does not extend to-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) any book, pamphlet, paper, writing, drawing, painting, representation or figure-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art of learning or other objects of general concern, or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(ii) which is kept or used bona fide for religious purposes;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) any representation sculptured, engraved, painted or otherwise represented on or in-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(i) any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.]]</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">STATE AMENDMENTS</span></strong><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In States of Tamil Nadu and Orissa</span></strong><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In section 292 the words "shall be punished with imprisonment of either description for a term which may extend to three months or with fine or with both" substitute the following: -</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both..</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of either description for a term which shall not be less than six months and not more than two years and with fine."</span><br /><em><b><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In States of Tamil Nadu and Orissa</span></b></em><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Add after section 292 the following new section: -<br />292A. Printing, etc., of grossly indecent or scurrilous matter or matter intended for blackmail</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever,-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) prints or causes to be printed in any newspaper, periodical or circular, or exhibits or causes to be exhibited, to public view or distributes or causes to be distributed or in any manner puts into circulation any picture or any printed or written document which is grossly indecent, or in scurrilous or intended for blackmail; or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) sells or lets for hire, or for purposes of sale or hire makes, produces or has in his possession, any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail; or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(c) conveys any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail knowing or having reason to believe that such picture or document will be printed, sold, let for hire distributed or publicly exhibited or in any manner put into circulation; or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(d) takes part in, or receives profits from, any business in the course of which he knows or has reason to believe that any such newspaper, periodical, circular, picture or other printed or written document is printed, exhibited, distributed, circulated, sold let for hire, made, produced, kept, conveyed or purchased; or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(e) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any Act which is an offence under this section, or that any such newspaper, periodical, circular, picture or other printed or written document which is grossly indecent or is scurrilous or intended for blackmail, can be procured from or through any person; or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(f) offers or attempts to do any act which is an offence under this section *[shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both]:</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of either description for a term which shall not be less than six months *[and not more than two years].</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 1- For the purposes of this section, the word scurrilous shall be deemed to include any matter which is likely to be injurious to morality or is calculated to injure any person: </span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Provided that it is not scurrilous to express in good faith anything whatever respecting the conduct of-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(i) a public servant in the discharge of his public functions or respecting his character so far as his character appears in that conduct and no further; or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(ii) any person touching any public question, and respecting his character, so far as his character appears in that conduct and no further.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation II- In deciding whether any person has committed an offence under this section, the court shall have regard inter alia, to the following considerations-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) The general character of the person charged, and where relevant the nature of his business;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) the general character and dominant effect of the matter alleged to be grossly indecent or. scurrilous or intended for blackmail;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(c) any evidence offered or called by or on behalf of the accused person as to his intention in committing any of the acts specified in this section.</span><br /><em><b><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">*Substituted by T.N. Act No. 30 of 1984.</span></b></em><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;"><br />137[293. Sale, etc., of obscene objects to young person</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be punished 140[on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to seven years, and also with fine which may extend to five thousand rupees].]</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">STATE AMENDMENTS</span></strong><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In States of Tamil Nadu and Orissa</span></strong><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In Section 293-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) for the words "any such obscene object as is referred to in the last preceding section" the words, figures and letter "any such obscene object as is referred to in section 292 or any such newspaper, periodical, circular, picture or other printed or written document as is referred to in section 292-A" shall be substituted;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) for the words "which may extend to six months" the words "which may extend to three years" shall be substituted;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(c) in the marginal note, after the words "obscene objects" the words "any grossly indecent or scurrilous matter intended for blackmail" shall be inserted.<br />141[294. Obscene acts and songs</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, to the annoyance of others-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) does any obscene act in any public place, or</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) sings, recites or utters any obscene song, ballad or words, in or near any public place,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.]<br /><b><br /><strong><span style="font-family: "Verdana","sans-serif";">120[294A. Keeping lottery office</span></strong></b></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever keeps any office or place for the purpose of drawing any lottery 142[not being 143[a State lottery] or a lottery authorised by the 144[State] Government], shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to one thousand rupees.]</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">STATE AMENDMENTS</span></strong><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Section 294-A repealed in the States of Andhra Pradesh, Gujarat, Karnataka (except Bellary District) and Maharashtra.</span></strong><br /><h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">CHAPTER XV : OF OFFENCES RELATING TO RELIGION<br /><br />295. Injuring or defiling place of worship with intent to insult the religion of any class</span></h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">145[295A. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of 146[citizens of India], 147[by words, either spoken or written, or by signs or by visible representations or otherwise], insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to 148[three years], or with fine, or with both.]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">296. Disturbing religious assembly</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">297. Trespassing on burial places, etc.</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">commits any trespass in any place of worship or on any place of sculpture, or any place set apart from the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">298. Uttering, words, etc., with deliberate intent to wound the religious feelings of any person</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places, any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.</span><br /><h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">CHAPTER XVI : OF OFFENCES AFFECTING THE HUMAN BODY</span></h1><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Of Offences affecting Life</span></strong><b><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;"><br /><br /><strong><span style="font-family: "Verdana","sans-serif";">299. Culpable homicide</span></strong></span></b><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) A knows Z to be behind a bush. B does not know it A, intending to cause, or knowing it to be likely to cause Z's death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(c) A, by shooting at a fowl with intent to kill and steal it, kills B who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 1- A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 2- Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 3- The causing. of the death of child in the mother's womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">300. Murder</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Secondly- If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Thirdly- If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Fourthly- If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here, A is guilty of murder, although he may not have intended to cause Z's death.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Exception 1- When culpable homicide is not murder- Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The above exception is subject to the following provisos:-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">First- That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing. or doing harm to any person.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Secondly- That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Thirdly- That the provocation is not given by anything done in the lawful exercise of the right of private defence.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) A, under the influence of passion excited by a provocation given by Z, intentionally kills. Y, Z's child. This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing done by a public servant in the exercise of his powers.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(d) A appears as witness before Z, a Magistrate, Z says that he does not believe a word of A's deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(e) A attempts to pull Z's nose, Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, in as much as the provocation was given by a thing done in the exercise of the right of private defence.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B's rage, and to cause him to kill Z, puts a knife into B's hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Exception 2- Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Exception 3- Culpable homicide is not murder if the offender, being a public servant or aiding. a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Exception 4- Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- It is immaterial in such cases which party offers the provocation or commits the first assault.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Exception 5- Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A, by instigation, voluntarily causes, Z, a person under eighteen years of age to commit suicide. Here, on account of Z's youth, he was incapable of giving consent to his own death; A has therefore abetted murder.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">301. Culpable homicide by causing death of person other than person whose death was intended</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">302. Punishment for murder</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever commits murder shall be punished with death, or 104[imprisonment for life], and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">303. Punishment for murder by life-convict</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being under sentence of 104[imprisonment for life], commits murder, shall be punished with death.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">304. Punishment for culpable homicide not amounting to murder</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever commits culpable homicide not amounting to murder shall be punished with 104[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death,</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">120[304A. Causing death by negligence</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">149[304B. Dowry death</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- For the purpose of this sub-section, "dowry" shall have the same meaning. as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.]<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">305. Abetment of suicide of child or insane person</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or 104[imprisonment for life], or imprisonment for a term not exceeding ten years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">306. Abetment of suicide</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">307. Attempt to murder</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty or murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to 104[imprisonment for life], or to such punishment as is here in before mentioned.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Attempts by life convicts- 120[When any person offending under this section is under sentence of 104[imprisonment for life], he may, if hurt is caused, be punished with death.]</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued. A would be guilty of murder. A is liable to punishment under this section.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensure.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section, and if by such firing, he wounds Z, he is liable to the punishment provided by the latter part of 150[the first paragraph of] this section.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A's keeping; A has not yet committed the offence defined in this section. A places the food on Z's table or delivers it to Z's servant to place it on Z's table. A has committed the offence defined in this section.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">308. Attempt to commit culpable homicide</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death lie would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">309. Attempt to commit suicide</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever attempts to commit suicide and does any act towards the commission of such offence, shall he punished with simple imprisonment for a term which may extend to one year 151[or with fine, or with both].<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">310. Thug</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, at any time after the passing of this Act, shall have been habitually associated with any other or others for the purpose of committing robbery or child-stealing by means of or accompanied with murder, is a thug,<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">311. Punishment</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever is a thug, shall be punished with 104[imprisonment for life], and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">312. Causing miscarriage</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall he punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- A woman who causes herself to miscarry, is within the meaning of this section.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">313. Causing miscarriage without woman's consent</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with 104[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.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">314. Death caused by act done with intent to cause miscarriage</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term may extend to ten years, and shall also be liable to fine;</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">If act done without woman's consent- And if the act is done without the consent of the woman, shall be punished either with 104[imprisonment for life], or with the punishment above mentioned.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- It is not essential to this offence that the offender should know that the act is likely to cause death.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">315. Act done with intent to prevent child being born alive or to cause it to die after birth</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">316. Causing death of quick unborn child by act amounting to culpable homicide</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustration</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">A, knowing, that he is likely to cause the death of a pregnant woman does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">317. Exposure and abandonment of child under twelve years, by parent or person having care of it</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- This section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child die in consequence of the exposure.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">318. Concealment of birth by secret disposal of dead body</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, by secretly burying or otherwise disposing of the death body of a child whether such child die before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Of Hurt</span></strong><b><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;"><br /><br /><strong><span style="font-family: "Verdana","sans-serif";">319. Hurt</span></strong></span></b><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">320. Grievous hurt</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">The following kinds of hurt only are designated as "grievous":-</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">First- Emasculation.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Secondly- Permanent privation of the sight of either eye.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Thirdly- Permanent privation of the hearing of either ear.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Fourthly- Privation of any member or joint.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Fifthly- Destruction or permanent impairing of the powers of any member or joint.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Sixthly- Permanent disfiguration of the head or face.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Seventhly- Fracture or dislocation of a bone or tooth.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Eighthly- Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;"><br /><strong><span style="font-family: "Verdana","sans-serif";">Foot Notes</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">100A. Substituted by the Information Technology Act, 2000, w.e.f. 17th. October, 2000.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">101. The words "or before a Military Court of Request" repeated by Act No. 13 of 1889.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">102. Substituted by the A.O. 1948, for the words "by the law of British India or England".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">103. Substituted by Act No. 3 of 1951, for the words "the States".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">104. Substituted by Act No. 26 of 1955, for the words "transportation for life", w.e.f. 1st January, 1956.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">105. Substituted by Act No. 26 of 1955,. for the words "such transportation", w.e.f. 1st January, 1956.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">106. Added by Act No. 3 of 1894.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">107. Substituted by the A.O. 1948, the A.O. 1950 and Act No. 3 of 1951 to read as above.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">108. Inserted by Act No. 3 of 1894.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">109. Substituted by Act No. 3 of 1951.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">110. Substituted by Act No. 42 of 1953 for the words "to restore or cause the restoration".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">111. Substituted by Act No. 8 of 1882 for the original Exception.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">112. Illustrations repealed by Act No. 10 of 1882.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">113. Inserted by Act No. 10 of 1886.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">114 . The words "or under the Fugitive Offenders Act, 1881," omitted by Act No. 3 of 1951.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">115. Inserted by Act No. 27 of 1870.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">116. The words "or penal servitude for life" omitted by Act No. 17 of 1949, w.e.f. 6th April, 1949.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">117. The words "or to" omitted by Act No. 36 of 1957.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">118. The word "transportation" omitted by Act No. 26 of 1955, w.e.f. 1st. January, 1956.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">119. The words "or penal servitude" omitted by Act No. 17 of 1949, w.e.f. 6th. January, 1949.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">120. Inserted by Act No. 27 of 1870.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">121. The words "penal servitude" omitted by Act No. 17 of 1949, w.e.f. 6th. April, 1949.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">122. Sections 225A and 225B substituted by Act No. 10 of 1886.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">123. Inserted by Act No. 43 of 1983.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">124. Substituted by Act No. 19 of 1872, for the original first paragraph.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">125. Substituted by A.O. 1950, for the former paragraph.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">126.Substituted by the A.O. 1950, for the words "the Queen's coin".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">127. Inserted by Act No. 6 of 1896.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">128. Substituted by the A.O. 1948, the A.O. 1950 and Act No. 3 of 1951.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">129. Substituted by the A.O. 1950, for the words "Queen's coin".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">130. Substituted by the A.O. 1950, for the words "any of the Queen's coin".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">131. Inserted by Act No. 3 of 1895.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">132.Substituted by Act No. 42 of 1953, for the words "may be seized and".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">133. The word "and" omitted by Act No. 42 of 1953.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">134. Substituted by the A.O. 1937, for the words "by the Government of India or by any Government".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">135. The words "Central or any Provincial" omitted by the A.O. 1950.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">136. The words "or the Crown Representative" omitted by the A.O. 1948.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">137. Substituted by Act No. 8 of 1925.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">138. Inserted by Act No. 36 of 1969.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">139. Section 292 renumbered as sub-section (2) of that section by Act No. 36 of 1969.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">140. Substituted by Act No. 36 of 1969.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">141. Substituted by Act No. 3 of 1895.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">142. Substituted by the A.O. 1937, for the words "not authorised by Government".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">143. Substituted by Act No. 3 of 1951 for the words "a lottery organised by the Central Government or the Government of a Part A State or a Part B State".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">144. Substituted by the A.O. 1950, for the words "Provincial".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">145. Inserted by Act No. 25 of 1927.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">146. Substituted by the A.O. 1950, for the words "His Majesty's subjects".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">147. Substituted by Act No. 41 of 1961.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">148. Substituted by Act No. 41 of 1961, for the words "two years".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">149. Inserted by Act No. 43 of 1986, w.e.f 19th November, 1986.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">150. Inserted by Act No. 12 of 1891.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">151. Substituted by Act No. 8 of 1882, for the words "and shall also be liable to fine".</span><br /><h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">CHAPTER XVII : OF OFFENCES AGAINST PROPERTY<br /><br />378. Theft</span></h1><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 1- A thing so Long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 2- A moving effected by the same act which affects the severance may be a theft.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 3- A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing as well as by actually moving. it.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 4- A person, who by any means causes an animal to move, is said to move that animal, and to move everything. which, in consequence of the motion so caused, is moved by that animal.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation 5- The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for the purpose authority either express or implied.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) A cuts down a tree on Z's around, with the intention of dishonestly taking the tree out of Z's possession without Z's consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) A puts a bait for dogs in his pocket, and thus induces Z's dog to follow it. Here, if A's intention be dishonestly to take the dog out of Z's possession without Z's consent. A has committed theft as soon as Z's dog has begun to follow A.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(d) A, being Z's servant, and entrusted by Z with the care of Z's plate, dishonestly runs away with the plate, without Z's consent. A has committed theft.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(e) Z, going on a journey, entrusts his plate to A, the keeper of the warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z's possession. It could not therefore be taken out of Z's possession, and A has not committed theft, though he may have committed criminal breach of trust.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z's possession, and if A dishonestly removes it, A commits theft.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(g) A finds a ring lying on the highroad, not in the possession of any person. A by taking it, commits no theft, though he may commit criminal misappropriation of property.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(h) A sees a ring belonging to Z lying on a table in Z's house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(i) A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop. A, not owing to the jeweller any debt for which the jeweller might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z's hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, in as much as what he did was not done dishonestly.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z's possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, in as much as he takes it dishonestly.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(k) Again, if A, having pawned his watch to Z, takes it out of Z's possession without Z's consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property in as much as he takes it dishonestly.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(l) A takes an article belonging to Z out of Z's possession, without Z's consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has therefore committed theft.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(m) A, being, on friendly terms with Z, goes into Z's library in Z's absence, and takes away a book without Z's express consent for the purpose merely of reading it, and with the intention of returning it. Here, it is probable that A may have conceived that he had Z's implied consent to use Z's book. If this was A's impression, A has not committed theft.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(n) A asks charity from Z's wife. She gives A money, food and clothes, which A knows to belong to Z her husband. Here it is probable that A may conceive that Z's wife is authorised to give away alms. If this was A's impression, A has not committed theft.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(o) A is the paramour of Z's wife. She gives a valuable property, which A knows to belong to her husband Z, and to be such property as she has no authority from Z to give. If A takes the property dishonestly, he commits theft.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(p) A, in good faith, believing property belonging to Z to be A's own property, takes that property out of B's possession. Here, as A does not take dishonestly, he does not commit theft.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">379. Punishment for theft</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">380. Theft in dwelling house, etc.</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">STATE AMENDMENTS</span></strong><br /><em><b><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In State of Tamil Nadu</span></b></em><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Section 380 shall be renumbered as sub-section (1) of that section and after sub-section (1) so renumbered, the following sub-section shall be inserted: -</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">"(2) Whoever commits theft in respect of any idol or icon in any building used as a place of worship shall be punished with rigorous imprisonment for a term which shall not be less than two years but which may extend to three years and with fine which shall not be less than two thousand rupees:</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Provided that the court may, for adequate and special reasons to be mentioned in the .judgement impose a sentence of imprisonment for a term of less than two years."<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">381. Theft by clerk or servant of property in possession of master</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">382. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing. of such theft, or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) A commits theft on property in Z's possession; and, while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) A picks Z's pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section.</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Of Extortion</span></strong><b><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;"><br /><br /><strong><span style="font-family: "Verdana","sans-serif";">383. Extortion</span></strong></span></b><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion".</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) A threatens Z that he will keep Z's child in wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(c) A threatens to send club-men to plough up Z's field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">384. Punishment for extortion</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">385. Putting person in fear of injury in order to commit extortion</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">386. Extortion by putting a person in fear of death or grievous hurt to</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">387. Putting person in fear of death or of grievous hurt, in order to commit extortion</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">388. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with 152[imprisonment for life], or with imprisonment for a term which may extend to ten years or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be one punishable under section 377 of this Code, may be punished with 152[imprisonment for life].<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">389. Putting person in fear of accusation of offence, in order to commit extortion</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit an offence punishable with death or with 152imprisonment for life], or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be punishable under section 377 of this Code, may be punished with 152[imprisonment for life].</span><br /><strong><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Of Robbery and Dacoity</span></strong><b><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;"><br /><br /><strong><span style="font-family: "Verdana","sans-serif";">390. Robbery</span></strong></span></b><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">In all robbery there is either theft or extortion.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">When theft is robbery- Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">When extortion is robbery- Extortion is "robbery" if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Explanation- The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Illustrations</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(a) A holds Z down and fraudulently takes Z's money and jewels from Z's clothes without Z's consent. Here A has committed theft, and in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(b) A meets Z on the high roads, shows a pistol, and demands Z's purse. Z in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(c) A meets Z and Z's child on the high road. A takes the child and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z.</span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">(d) A obtains property from Z by saying- "Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees". This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">391. Dacoity</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit "dacoity".<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">392. Punishment for robbery</span></strong></span><br /><span style="color: #666666; font-family: "Verdana","sans-serif"; font-size: 10pt;">Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.<br /><br /><strong><span style="font-family: "Verdana","sans-serif";">393. Attempt to commit robbery</span></strong></span><br /><span style="color