THE INDIAN PENAL CODE, 1860 [part 3]

295.

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

295. Injuring or defiling place of worship, with intent to
insult the religion of any class.–Whoever destroys, damages or
defiles any place of worship, or any object held sacred by any class
of persons with the intention of thereby insulting the religion of any
class of persons or with the knowledge that any class of persons is
likely to consider such destruction, damage or defilement as an insult
to their religion, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both.

295A.

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

5*[295A. Deliberate and malicious acts intended to outrage
religious feelings of any class by insulting its religion or religious
beliefs.–Whoever, with deliberate and malicious intention of
outraging the religious feelings of any class of 6*[citizens of
India], 7*[by words, either spoken or written, or by signs or by
visible representations or otherwise] insults or attempts to insult
the religion or the religious beliefs of that class, shall be punished
with imprisonment of either description for a term which may extend to
8*[three years], or with fine, or with both.]

296.

Disturbing religious assembly.

296. Disturbing religious assembly.–Whoever voluntarily causes
disturbance to any assembly lawfully engaged in the performance of
religious worship, or religious ceremonies, shall be punished with
imprisonment of either description for a term which may extend to one
year, or with fine, or with both.

297.

Trespassing on burial places, etc.

297. Trespassing on burial places, etc.–Whoever, with the
intention of wounding the feelings of any person, or of insulting the
religion of any person, or with the knowledge that the feelings of any
person are likely to be wounded, or that the religion of any person is
likely to be insulted thereby,

commits any trespass in any place of worship or on any place of
sepulture, or any place set apart for the performance of funeral rites
or as a depository for the remains of the dead, or offers any
indignity to any human corpse, or causes disturbance to any persons
assembled for the performance of funeral ceremonies,
———————————————————————-
1. S. 294A ins. by Act 27 of 1870, s. 10.
2. Subs. by the A. O. 1937, for “not authorised by Government”.

3. Subs. by Act 3 of 1951, s. 3 and Sch., for “a lottery organised
by the Central Government or the Government of a Part A State or
a Part B State” which had been subs. by the A.O. 1950, for “a
State lottery”.

4. Subs. by the A.O. 1950, for “Provincial”.

5. Ins. by Act 25 of 1927, s. 2.
6. Subs. by the A.O. 1950, for “His Majestys subjects”.

7. Subs. by Act 41 of 1961, s.3, for certain words.

8. Subs. by s.3, ibid., for “two years”.
———————————————————————-

166.
shall be punished with imprisonment of either description for a
term which may extend to one year, or with fine, or with both.

298.

Uttering words, etc., with deliberate intent to wound religious
feelings.

298. Uttering words, etc., with deliberate intent to wound
religious feelings.–Whoever, with the deliberate intention of
wounding the religious feelings of any person, utters any word or
makes any sound in the hearing of that person or makes any gesture in
the sight of that person or places any object in the sight of that
person, shall be punished with imprisonment of either description for
a term which may extend to one year, or with fine, or with both.

299. Culpable homicide.–Whoever causes death by doing an act
with the intention of causing death, or with the intention of causing
such bodily injury as is likely to cause death, or with the knowledge
that he is likely by such act to cause death, commits the offence of
culpable homicide.

Illustrations

(a) A lays sticks and turf over a pit, with the intention of
thereby causing death, or with the knowledge that death is likely to
be thereby caused. Z, believing the ground to be firm, treads on it,
falls in and is killed. A has committed the offence of culpable
homicide.

(b) A knows Z to be behind a bush. B does not know it. A,
intending to cause, or knowing it to be likely to cause Zs death,
induces B to fire at the bush. B fires and kills Z. Here B may be
guilty of no offence; but A has committed the offence of culpable
homicide.

(c) A, by shooting at a fowl with intent to kill and steal it,
kills B, who is behind a bush; A not knowing that he was there. Here,
although A was doing an unlawful act, he was not guilty of culpable
homicide, as he did not intend to kill B or to cause death by doing
an act that he knew was likely to cause death.

Explanation 1.-A person who causes bodily injury to another who
is labouring under a disorder, disease or bodily infirmity, and
thereby accelerates the death of that other, shall be deemed to have
caused his death.

Explanation 2.-Where death is caused by bodily injury, the person
who causes such bodily injury shall be deemed to have caused the
death, although by resorting to proper remedies and skilful treatment
the death might have been prevented.

Explanation 3.-The causing of the death of a child in the
mothers womb is not homicide. But it may amount to culpable homicide
to cause the death of a living child, if any part of that child has
been brought forth, though the child may not have breathed or been
completely born.

300.

Murder.

300. Murder.–Except in the cases hereinafter excepted, culpable
homicide is murder, if the act by which the death is caused is done
with the intention of causing death, or-

167.
2ndly.-If it is done with the intention of causing such bodily
injury as the offender knows to be likely to cause the death of the
person to whom the harm is caused. or-

3rdly.-If it is done with the intention of causing bodily injury
to any person and the bodily injury intended to be inflicted is
sufficient in the ordinary course of nature to cause death, or-

4thly.-If the person committing the act knows that it is so
imminently dangerous that it must, in all probability, cause death, or
such bodily injury as is likely to cause death, and commits such act
without any excuse for incurring the risk of causing death or such
injury as aforesaid.

Illustrations

(a) A shoots Z with the intention of killing him. Z dies in
consequence. A commits murder.

(b) A, knowing that Z is labouring under such a disease that a
blow is likely to cause his death, strikes him with the intention of
causing bodily injury. Z dies in consequence of the blow. A is guilty
of murder, although the blow might not have been sufficient in the
ordinary course of nature to cause the death of a person in a sound
state of health. But if A, not knowing that Z is labouring under any
disease, gives him such a blow as would not in the ordinary course of
nature kill a person in a sound state of health, here A, although he
may intend to cause bodily injury, is not guilty of murder, if he did
not intend to cause death, or such bodily injury as in the ordinary
course of nature would cause death.

(c) A intentionally gives Z a sword-cut or club-wound sufficient
to cause the death of a man in the ordinary course of nature. Z dies
in consequence. Here A is guilty of murder, although he may not have
intended to cause Zs death.

(d) A without any excuse fires a loaded cannon INTO a crowd of
persons and kills one of them. A is guilty of murder, although he may
not have had a premeditated design to kill any particular individual.

Exception 1.-When culpable homicide is not murder.-Culpable
homicide is not murder if the offender, whilst deprived of the power
of self-control by grave and sudden provocation, causes the death of
the person who gave the provocation or causes the death of any other
person by mistake or accident.

The above exception is subject to the following provisos:-

First.-That the provocation is not sought or voluntarily provoked
by the offender as an excuse for killing or doing harm to any person.

Secondly.-That the provocation is not given by anything done in
obedience to the law, or by a public servant in the lawful exercise of
the powers of such public servant.

Thirdly.-That the provocation is not given by anything done in
the lawful exercise of the right of private defence.

Explanation.-Whether the provocation was grave and sudden enough
to prevent the offence FROM amounting to murder is a question of fact.

168.
Illustrations

(a) A, under the influence of passion excited by a provocation
given by Z, intentionally kills Y, Zs child. This is murder, inasmuch
as the provocation was not given by the child, and the death of the
child was not caused by accident or misfortune in doing an act caused
by the provocation.

(b) Y gives grave and sudden provocation to A. A, on this
provocation, fires a pistol at Y, neither intending nor knowing
himself to be likely to kill Z, who is near him, but out of sight. A
kills Z. Here A has not committed murder, but merely culpable
homicide.

(c) A is lawfully arrested by Z, a bailiff. A is excited to
sudden and violent passion by the arrest, and kills Z. This is murder,
inasmuch as the provocation was given by a thing done by a public
servant in the exercise of his powers.

(d) A appears as a witness before Z, a Magistrate. Z says that he
does not believe a word of As deposition, and that A has perjured
himself. A is moved to sudden passion by these words, and kills Z.
This is murder.

(e) A attempts to pull Zs nose. Z, in the exercise of the right
of private defence, lays hold of A to prevent him FROM doing so. A is
moved to sudden and violent passion in consequence, and kills Z. This
is murder, inasmuch as the provocation was giving by a thing done in
the exercise of the right of private defence.

(f) Z strikes B. B is by this provocation excited to violent rage.
A, a bystander, intending to take advantage of Bs rage, and to cause
him to kill Z, puts a knife INTO Bs hand for that purpose. B kills Z
with the knife. Here B may have committed only culpable homicide, but
A is guilty of murder.

Exception 2.-Culpable homicide is not murder if the offender in
the exercise in good faith of the right of private defence or person
or property, exceeds the power given to him by law and causes the
death of the person against whom he is exercising such right of
defence without premeditation, and without any intention of doing more
harm than is necessary for the purpose of such defence.

Illustration

Z attempts to horsewhip A, not in such a manner as to cause
grievous hurt to A. A draws out a pistol. Z persists in the assault. A
believing in good faith that he can by no other means prevent himself
FROM being horsewhipped, shoots Z dead. A has not committed murder,
but only culpable homicide.

Exception 3.-Culpable homicide is not murder if the offender,
being a public servant or aiding a public servant acting for the
advancement of public justice, exceeds the powers given to him by law,
and causes death by doing an act which he, in good faith, believes to
be lawful and necessary for the due discharge of his duty as such
public servant and without ill-will towards the person whose death is
caused.

Exception 4.-Culpable homicide is not murder if it is committed
without premeditation in a sudden fight in the heat of passion upon a
sudden quarrel and without the offenders HAVING taken undue advantage
or acted in a cruel or unusual manner.

Explanation.-It is immaterial in such cases which party offers
the provocation or commits the first assault.

Exception 5.-Culpable homicide is not murder when the person
whose death is caused, being above the age of eighteen years, suffers
death or takes the risk of death with his own consent.

169.
Illustration

A, by instigation, voluntarily causes Z, a person under eighteen
years of age, to commit suicide. Here, on account of Zs youth, he was
incapable of giving consent to his own death; A has therefore abetted
murder.

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

301. Culpable homicide by causing death of person other than
person whose death was intended.–If a person, by doing anything which
he intends or knows to be likely to cause death, commits culpable
homicide by causing the death of any person, whose death he neither
intends nor knows himself to be likely to cause, the culpable homicide
committed by the offender is of the description of which it would have
been if he had caused the death of the person whose death he intended
or knew himself to he likely to cause.

302.

Punishment for murder.

302. Punishment for murder.–Whoever commits murder shall be
punished with death, or 1*[imprisonment for life], and shall also
be liable to fine.

303.

Punishment for murder by life-convict.

303. Punishment for murder by life-convict.–Whoever, being under
sentence of 1*[imprisonment for life], commits murder, shall be
punished with death.

304.

Punishment for culpable homicide not amounting to murder.

304. Punishment for culpable homicide not amounting to murder.–
Whoever commits culpable homicide not amounting to murder shall be
punished with 1*[imprisonment for life], or imprisonment of either
description for a term which may extend to ten years, and shall also
be liable to fine, if the act by which the death is caused is done
with the intention of causing death. or of causing such bodily injury
as is likely to cause death;

or with imprisonment of either description for a term which may
extend to ten years, or with fine, or with both, if the act is done
with the knowledge that it is likely to cause death, but without any
intention to cause death, or to cause such bodily injury as is likely
to cause death.

304A.

Causing death by negligence.

2*[304A. Causing death by negligence.–Whoever causes the
death of any person by doing any rash or negligent act not amounting
to culpable homicide shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both.]

304B.

Dowry death.

3*[304B. Dowry death.–(1) Where the death of a woman is
caused by any burns or bodily injury or occurs otherwise than under
normal circumstances within seven years of her marriage and it is
shown that soon before her death she was subjected to cruelty or
harassment by her husband or any relative of her husband for, or in
connection with, any demand for dowry, such death shall be called
“dowry death”, and such husband or relative shall be deemed to have
caused her death.

Explanation.-For the purposes of this sub-section, “dowry” shall
have the same meaning as in section 2 of the Dowry Prohibition Act,
1961 (28 of 1961).

(2) Whoever commits dowry death shall be punished with
imprisonment for a term which shall not be less than seven years but
which may extend to imprisonment for life.]
———————————————————————-
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.

2. S. 304A was ins. by Act 27 of 1870, s. 12.
3. Ins. by Act 43 of 1986, s. 10 (w.e.f. 19-11-1986).

170

305.

Abetment of suicide of child or insane person.

305. Abetment of suicide of child or insane person.–If any
person under eighteen years of age, any insane person, any delirious
person, any idiot, or any person in a state of intoxication commits
suicide, whoever abets the commission of such suicide, shall be
punished with death or 1*[imprisonment for life], or imprisonment
for a term not exceeding ten years, and shall also be liable to fine.

306.

Abetment of suicide.

306. Abetment of suicide.–If any person commits suicide, whoever
abets the commission of such suicide, shall be punished with
imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.

307.

Attempt to murder.

307. Attempt to murder.–Whoever does any act with such intention
or knowledge, and under such circumstances that, if he by that act
caused death, he would be guilty of murder, shall be punished with
imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine; and, if hurt is caused to any
person by such act, the offender shall be liable either to
1*[imprisonment for life], or to such punishment as is hereinbefore
mentioned.

Attempts by life-convicts.

Attempts by life-convicts.-2*[When any person offending under
this section is under sentence of 1*[imprisonment for life], he
may, if hurt is caused, be punished with death.]

Illustrations

(a) A shoots at Z with intention to kill him, under such
circumstances that, if death ensued A would be guilty of murder. A is
liable to punishment under this section

(b) A, with the intention of causing the death of a child of
tender years, exposes it in a desert place A has committed the offence
defined by this section, though the death of the child does not ensue.

(c) A, intending to murder Z, buys a gun and loads it. A has not
yet committed the offence. A fires the gun at Z. He has committed the
offence defined in this section, and, if by such firing he wounds Z,
he is liable to the punishment provided by the latter part of
3*[the first paragraph of] this section.

(d) A, intending to murder Z by poison, purchases poison and
mixes the same with food which remains in As keeping; A has not yet
committed the offence in this section. A places the food on Zs table
or delivers it to Zs servants to place it on Zs table. A has
committed the offence defined in this section.

308.

Attempt to commit culpable homicide.

308. Attempt to commit culpable homicide.–Whoever does any act
with such intention or knowledge and under such circumstances that, if
he by that act caused death, he would be guilty of culpable homicide
not amounting to murder, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine,
or with both; and, if hurt is caused to any person by such act, shall
be punished with imprisonment of either description for a term which
may extend to seven years, or with fine, or with both.
———————————————————————-
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.

2. Ins. by Act 27 of 1870, s.11. 3. Ins. by Act 12 of 1891, s.2 and Sch. II.
———————————————————————-

171.
Illustration

A, on grave and sudden provocation, fires a pistol at Z, under
such circumstances that if he there by caused death he would be guilty
of culpable homicide not amounting to murder. A has committed the
offence defined in this section.

309.

Attempt to commit suicide.

309. Attempt to commit suicide.–Whoever attempts to commit
suicide and does any act towards the commission of such offence, shall
be punished with simple imprisonment for a term which may extend to
one year 1*[or with fine, or with both.]

310.

Thug.

310. Thug.–Whoever, at any time after the passing of this Act,
shall have been habitually associated with any other or others for the
purpose of committing robbery or child-stealing by means of or
accompanied with murder, is a thug.

311.
Punishment.

311. Punishment.–Whoever is a thug, shall be punished with
2[imprisonment for life], and shall also be liable to fine.

Of the causing of miscarriage, of injuries to unborn children, of the
exposure of infants, and of the concealment of births.

312.

Causing miscarriage.

312. Causing miscarraige.–Whoever voluntarily causes a woman
with child to miscarry, shall if such miscarriage be not caused in
good faith for the purpose of saving the life of the woman, be
punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both; and, if the woman
be quick with child, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also
be liable to fine.

Explanation.-A woman who causes herself to miscarry, is within
the meaning of this section.

313.

Causing miscarriage without womans consent.

313. Causing miscarriage without womans consent.–Whoever
commits the offence defined in the last preceding section without the
consent of the woman, whether the woman is quick with child or not,
shall be punished with 2*[imprisonment for life], or with
imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.

314.

Death caused by act done with intent to cause miscarriage.

314. Death caused by act done with intent to cause miscarriage.–
Whoever, with intent to cause the miscarriage of a woman with child,
does any act which causes the death of such woman, shall be punished
with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine;

if act done without womans consent.

if act done without womans consent.–and if the act is done
without the consent of the woman, shall be punished either with
2*[imprisonment for life], or with the punishment above mentioned.

Explanation.-It is not essential to this offence that the
offender should know that the act is likely to cause death.

315.

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

315. Act done with intent to prevent child being born alive or to
cause it to die after birth.–Whoever before the birth of any child
does any act with the intention of thereby preventing that child from
being born alive or causing it to die after its birth, and does by
such
———————————————————————-
1. Subs. by Act 8 of 1882, s. 7, for “and shall also be liable to
fine”.

2. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.
———————————————————————-

172.
act prevent that child FROM being born alive, or causes it to die
after its birth, shall, if such act be not caused in good faith for
the purpose of saving the life of the mother, be punished with
imprisonment of either description for a term which may extend to ten
years, or with fine, or with both.

316.

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

316. Causing death of quick unborn child by act amounting to
culpable homicide.–Whoever does any act under such circumstances,
that if he thereby caused death he would be guilty of culpable
homicide, and does by such act cause the death of a quick unborn
child, shall be punished with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.

Illustration

A, knowing that he is likely to cause the death of a pregnant
woman, does an act which, if it caused the death of the woman, would
amount to culpable homicide. The woman is injured, but does not die;
but the death of an unborn quick child with which she is pregnant is
thereby caused. A is guilty of the offence defined in this section.

317.

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

317. Exposure and abandonment of child under twelve years, by
parent or person HAVING care of it.–Whoever being the father or
mother of a child under the age of twelve years, or HAVING the care of
such child, shall expose or leave such child in any place with the
intention of wholly abandoning such child, shall be punished with
imprisonment of either description for a term which may extend to
seven years, or with fine, or with both.

Explanation.-This section is not intended to prevent the trial of
the offender for murder or culpable homicide, as the case may be, if
the child die in consequence of the exposure.

318.

Concealment of birth by secret disposal of dead body.

318. Concealment of birth by secret disposal of dead body.–
Whoever, by secretly burying or otherwise disposing of the dead body
of a child whether such child die before or after or during its birth,
intentionally conceals or endeavors to conceal the birth of such
child, shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.

Of hurt

319.

Hurt.

319. Hurt.–Whoever causes bodily pain, disease or infirmity to
any person is said to cause hurt.

320.

Grievous hurt.

320. Grievous hurt.–The following kinds of hurt only are
designated as “grievous”:-

First.-Emasculation.

Secondly.-Permanent privation of the sight of either eye.

Thirdly.-Permanent privation of the hearing of either ear.

Fourthly.-Privation of any member or joint.

Fifthly.-Destruction or permanent impairing of the powers of
any member or joint.

Sixthly.-Permanent disfiguration of the head or face.

Seventhly.-Fracture or dislocation of a bone or tooth.

Eighthly.-Any hurt which endangers life or which causes the
sufferer to be during the space of twenty days in severe bodily
pain, or unable to follow his ordinary pursuits.

173.

321.
Voluntarily causing hurt.

321. Voluntarily causing hurt.–Whoever does any act with the
intention of thereby causing hurt to any person, or with the knowledge
that he is likely thereby to cause hurt to any person, and does
thereby cause hurt to any person, is said “voluntarily to cause hurt”.

322.

Voluntarily causing grievous hurt.

322. Voluntarily causing grievous hurt.–Whoever voluntarily
causes hurt, if the hurt which he intends to cause or knows himself to
be likely to cause is grievous hurt, and if the hurt which he causes
is grievous hurt, is said “voluntarily to cause grievous hurt”.

Explanation.-A person is not said voluntarily to cause grievous
hurt except when he both causes grievous hurt and intends or knows
himself to be likely to cause grievous hurt. But he is said
voluntarily to cause grievous hurt, if intending or knowing himself to
be likely to cause grievous hurt of one kind, he actually causes
grievous hurt of another kind.

Illustration

A, intending of knowing himself to be likely permanently to
disfigure Zs face, gives Z a blow which does not permanently
disfigure Zs face, but which causes Z to suffer severe bodily pain
for the space of twenty days. A has voluntarily caused grievous hurt.

323.

Punishment for voluntarily causing hurt.

323. Punishment for voluntarily causing hurt.–Whoever, except in
the case provided for by section 334, voluntarily causes hurt, shall
be punished with imprisonment of either description for a term which
may extend to one year, or with fine which may extend to one thousand
rupees, or with both.

324.

Voluntarily causing hurt by dangerous weapons or means.

324. Voluntarily causing hurt by dangerous weapons or means.–
Whoever, except in the case provided for by section 334, voluntarily
causes hurt by means of any instrument for shooting, stabbing or
cutting, or any instrument which, used as a weapon of offence, is
likely to cause death, or by means of fire or any heated substance, or
by means of any poison or any corrosive substance, or by means of any
explosive substance or by means of any substance which it is
deleterious to the human body to inhale, to swallow, or to receive
INTO the blood, or by means of any animal, shall be punished with
imprisonment of either description for a term which may extend to
three years, or with fine, or with both.

325.

Punishment for voluntarily causing grievous hurt

325. Punishment for voluntarily causing grievous hurt.-Whoever,
except in the case provided for by section 335, voluntarily causes
grievous hurt, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also
be liable to fine.

326.

Voluntarily causing grievous hurt by dangerous weapons or means.

326. Voluntarily causing grievous hurt by dangerous weapons or
means.–Whoever, except in the case provided for by section 335,
voluntarily causes grievous hurt by means of any instrument for
shooting, stabbing or cutting, or any instrument which, used as a
weapon of offence, is likely to cause death, or by means of fire or
any heated substance, or by means of any poison or any corrosive
substance, or by means of any explosive substance, or by means of any
substance which it is deleterious to the human body to inhale, to
swallow, or to receive INTO the blood, or by means of any animal,
shall be punished with 1*[imprisonment for life], or with
imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
———————————————————————-
1. Subs, by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.
———————————————————————-

174.

327.

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

327. Voluntarily causing hurt to extort property, or to constrain
to an illegal to an act.–Whoever voluntarily causes hurt, for the
purpose of extorting FROM the sufferer, or FROM any person interested
in the sufferer, any property or valuable security, or of constraining
the sufferer or any person interested in such sufferer to do anything
which is illegal or which may facilitate the commission of an offence,
shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.

328.

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

328. Causing hurt by means of poison, etc., with intent to commit
and offence.–Whoever administers to or causes to be taken by any
person any poison or any stupefying, intoxicating or unwholesome drug,
or other thing with intent to cause hurt to such person, or with
intent to commit or to facilitate the commission of an offence or
knowing it to be likely that he will thereby cause hurt, shall be
punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.

329.

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

329. Voluntarily causing grievous hurt to extort property, or to
constrain to an illegal act.–Whoever voluntarily causes grievous hurt
for the purpose of extorting FROM the sufferer or FROM any person
interested in the sufferer any property or valuable security, or of
constraining the sufferer or any person interested in such sufferer to
do anything that is illegal or which may facilitate the commission of
an offence, shall be punished with 1*[imprisonment for life], or
imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.

330.

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

320. Voluntarily causing hurt to extort confession or to compel
restoration of property.–Whoever voluntarily causes hurt, for the
purpose of extorting FROM the sufferer or FROM any person interested
in the sufferer, any confession or any information which may lead to
the detection of an offence or misconduct, or for the purpose of
constraining the sufferer or any person interested in the sufferer to
restore or to cause the restoration of any property or valuable
security or to satisfy any claim or demand, or to give information
which may lead to the restoration of any property or valuable
security, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable
to fine.

Illustriations

(a) A, a police-officer, tortures Z in ORDER to induce Z to
confess that he committed a crime. A is guily of an offence under this
section.

(b) A, a police-officer, tortures B to induce him to point out
where certain stolen property is deposited. A is guilty of an offence
under this section.

(c) A, a revenue officer, tortures z in ORDER to compel him to
pay certain arrears of revenue due FROM Z. A is guilty of an offence
under this section.

(d) A, a zamindar, tortures a raiyat in ORDER to compel him to
pay his rent. A is guilty of an offence under this section.

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

331. Voluntarily causing grievous hurt to extort confession, or
to compel restoration of property.–Whoever voluntarily causes
grievous hurt for the purpose of extorting FROM the sufferer or from
any person interested in the sufferer any confession or any
information which may lead to the detection of an offence or
misconduct, or for the purpose of constraining the sufferer or any
person
———————————————————————-
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.
———————————————————————-

175.
interested in the sufferer to restore or to cause the restoration of
any property or valuable security, or to satisfy any claim or demand
or to give information which may lead to the restoration of any
property or valuable security shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall
also be liable to fine.

332.

Voluntarily causing hurt to deter public servant FROM his duty.

332. Voluntarily causing hurt to deter public servant FROM his
duty.–Whoever voluntarily causes hurt to any person being a public
servant in the discharge of his duty as such public servant, or with
intent to prevent or deter that person or any other public servant
FROM discharging his duty as such public servant, or in consequence of
anything done or attempted to be done by that person in the lawful
discharge of his duty as such public servant, shall be punished with
imprisonment of either description for a term which may extend to
three years, or with fine, or with both.

333.

Voluntarily causing grievous hurt to deter public servant FROM his
duty.

333. Voluntarily causing grievous hurt to deter public servant
FROM his duty.–Whoever voluntarily causes grievous hurt to any person
being a public servant in the discharge of his duty as such public
servant, or with intent to prevent or deter that person or any other
public servant FROM discharging his duty as such public servant, or in
consequence of anything done or attempted to be done by that person in
the lawful discharge of his duty as such public servant, shall be
punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.

334.

Voluntarily causing hurt on provocation.

334. Voluntarily causing hurt on provocation.–Whoever
voluntarily causes hurt on grave and sudden provocation, if he neither
intends nor knows himself to be likely to cause hurt to any person
other than the person who gave the provocation, shall be punished with
imprisonment of either description for a term which may extend to one
month, or with fine which may extend to five hundred rupees, or with
both.

335.

Voluntarily causing grievous hurt on provocation.

335. Voluntarily causing grievous hurt on provocation.–Whoever
1*[voluntarily] causes grievous hurt on grave and sudden provocation,
if he neither intends nor knows himself to be likely to cause grievous
hurt to any person other than the person who gave the provocation
shall be punished with imprisonment of either description for a term
which may extend to four years, or with fine which may extend to two
thousand rupees, or with both.

Explanation.-The last two sections are subject to the same
provisos as Exception 1, section 300.

336.

Act endangering life or personal safety of others.

336. Act endangering life or personal safety of others.–Whoever
does any act so rashly or negligently as to endanger human life or the
personal safety others, shall be punished with imprisonment of either
description for a term which may extend to three months or with fine
which may extend to two hundred and fifty rupees, or with both.

337.

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

337. Causing hurt by act endangering life or personal safety of
others.–Whoever causes hurt to any person by doing any act so rashly
or negligently as to endanger human life, or the personal safety of
others, shall be punished with imprisonment of either description for
a term which may extend to six months, or with fine which may extend
to five hundred rupees, or with both.
———————————————————————-
1. Ins. by Act 8 of 1882, s. 8,
———————————————————————-

176.

338.

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

338. Causing grievous hurt by act endangering life or personal
safety of others.–Whoever causes grievous hurt to any person by doing
any act so rashly or negligently as to endanger human life, or the
personal safety of others, shall be punished with imprisonment of
either description for a term which may extend to two years, or with
fine which may extend to one thousand rupees, or with both.

Of wrongful restraint and wrongful confinement

339.

Wrongful restraint.

339. Wrongful restraint.–Whoever voluntarily obstructs any
person so as to prevent that person FROM proceeding in any direction
in which that person has a right to proceed, is said wrongfully to
restrain that person.

Exception.-The obstruction of a private way over land or water
which a person in good faith believes himself to have a lawful right
to obstruct, is not an offence within the meaning of this section.

Illustration

A obstructs a path along which Z has a right to pass. A not
believing in good faith that he has a right to stop the path. Z is
thereby prevented FROM passing. A wrongfully restrains Z.

340.

Wrongful confinement.

340. Wrongful confinement.–Whoever wrongfully restrains any
person in such a manner as to prevent that person FROM proceeding
beyond certain circumscribing limits, is said “wrongfully to confine”
that person.

Illustrations

(a) A causes Z to go within a walled space, and locks Z. Z is
thus prevented FROM proceeding in any direction beyond the
circumscribing line of wall. A wrongfully confines z.

(b) A places men with firearms at the outlets of a building, and
tells Z that they will fire at Z if Z attempts leave the building. A
wrongfully confines Z.

341.
Punishment for wrongful restraint.

341. Punishment for wrongful restraint.–Whoever wrongfully
restrains any person shall be punished with simple imprisonment for a
term which may extend to one month, or with fine which may extend to
five hundred rupees, or with both.

342.

Punishment for wrongful confinement.

342. Punishment for wrongful confinement.–Whoever wrongfully
confines any person shall be punished with simple imprisonment of
either description for a term which may extend to one year, or with
fine which may extend to one thousand rupees, or with both.

343.

Wrongful confinement for three or more days.

343. Wrongful confinement for three or more days.–Whoever
wrongfully confines any person for three days or more, shall be
punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.

344.

Wrongful confinement for ten or more days.

344. Wrongful confinement for ten or more days.–Whoever
wrongfully confines any person for ten days, or more, shall be
punished with imprisonment of either description for a term which may
extend to three years, and shall also be liable to fine.

177.

345.

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

345. Wrongful confinement of person for whose liberation writ has
been issued.–Whoever keeps any person in wrongful confinement,
knowing that a writ for the liberation of that person has been duly
issued, shall be punished with imprisonment of either description for
a term which may extend to two years in addition to any term of
imprisonment to which he may be liable under any other section of this
Chapter.

346.

Wrongful confinement in secret.

346. Wrongful confinement in secret.–Whoever wrongfully confines
any person in such manner as to indicate an intention that the
confinement of such person may not be known to any person interested
in the person so confined, or to any public servant, or that the place
of such confinement may not be known to or discovered by any such
person or public servant as hereinbefore mentioned, shall be punished
with imprisonment of either description for a term which may extend to
two years in addition to any other punishment to which he may be
liable for such wrongful confinement.

347.

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

347. Wrongful confinement to extort property, or constrain to
illegal act.–Whoever wrongfully confines any person for the purpose
of extorting FROM the person confined, or FROM any person interested
in the person confined, any property or valuable security or of
constraining the person confined or any person interested in such
person to do anything illegal or to give any information which may
facilitate the commission of an offence, shall be punished with
imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.

348.

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

348. Wrongful confinement to extort confession, or compel
restoration of property.–Whoever wrongfully confines any person for
the purpose of extorting FROM the person confined or any person
interested in the person confined any confession or any information
which may lead to the detection of an offence or misconduct, or for
the purpose of constraining the person confined or any person
interested in the person confined to restore or to cause the
restoration of any property or valuable security or to satisfy any
claim or demand, or to give information which may lead to the
restoration of any property or valuable security, shall be punished
with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.

Of criminal force and assault

349.

Force.

349. Force.–A person is said to use force to another if he
causes motion, change of motion, or cessation of motion to that other,
or if he causes to any substance such motion, or change of motion, or
cessation of motion as brings that substance INTO contact with any
part of that others body, or with anything which that other is
wearing or carrying, or with anything so situated that such contact
affects that others sense of feeling: Provided that the person
causing the motion, or change of motion, or cessation of motion,
causes that motion, change of motion, or cessation of motion in one of
the three ways hereinafter described:

First.-By his own bodily power.

Secondly.-By disposing any substance in such a manner that the
motion or change or cessation of motion takes place without any
further act on his part, or on the part of any other person.

Thirdly.-By inducing any animal to move, to change its motion, or
to cease to move.

178.

350.

Criminal force.

350. Criminal force.–Whoever intentionally uses force to any
person, without that persons consent, in ORDER to the committing of
any offence, or intending by the use of such force to cause, or
knowing it to be likely that by the use of such force he will cause
injury, fear or annoyance to the person to whom the force is used, is
said to use criminal force to that other.

Illustrations

(a) Z is sitting in a moored boat on a river. A unfastens the
moorings, and thus intentionally causes the boat to drift down the
stream. Here A intentionally causes motion to Z, and he does this by
disposing substances in such a manner that the motion is produced
without any other action on any persons part. A has therefore
intentionally used force to Z; and if he has done so without Zs
consent, in ORDER to the committing of any offence, or intending or
knowing it to be likely that this use of force will cause injury, fear
or annoyance to Z, A has used criminal force to Z.

(b) Z is riding in a chariot. A lashes Zs horses and thereby
causes them to quicken their pace. Here A has caused change of motion
to Z by inducing the animals to change their motion. A has therefore
used force to Z; and if A has done this without Zs consent, intending
or knowing it to be likely that he may thereby injure, frighten or
annoy Z, A has used criminal force to Z.

(c) Z is riding in a palanquin. A, intending to rob Z, seizes the
pole and stops the palanquin. Here A has caused cessation of motion to
Z, and he has done this by his own bodily power. A has therefore used
force to Z; and as A has acted thus intentionally, without Zs
consent, in ORDER to the commission of an offence. A has used
criminal force to Z.

(d) A intentionally pushes against Z in the street. Here A has by
his own bodily power moved his own person so as to bring it into
contact with Z. He has therefore intentionally used force to Z; and if
he has done so without Zs consent, intending or knowing it to be
likely that he may thereby injure, frighten or annoy Z, he has used
criminal force to Z.

(e) A throws a stone, intending or knowing it to be likely that
the stone will be thus brought INTO contact with Z, or with Zs
clothes, or with something carried by Z, or that it will strike water,
and dash up the water against Zs clothes or something carried by Z.
Here, if the throwing of the stone produce the effect of causing any
substance to come INTO contact with Z, or Zs clothes, A has used
force to Z, and if he did so without Zs consent, intending thereby to
injure, frighten or annoy Z, he has used criminal force to Z.

(f) A intentionally pulls up a Womans veil. Here A intentionally
uses force to her, and if he does so without her consent intending or
knowing it to be likely that he may thereby injure, frighten or
annoy her, he has used criminal force to her.

(g) Z is bathing. A pours INTO the bath water which he knows to
be boiling. Here A intentionally by his own bodily power causes such
motion in the boiling water as brings that water INTO contact with Z,
or with other water so situated that such contact must affect Zs
sense of feeling, A has therefore intentionally used force to Z; and
if he has done this without Zs consent intending or knowing it to be
likely that he may thereby cause injury, fear or annoyance to Z, A has
used criminal force.

179.
(h) A incites a dog to spring upon Z, without Zs consent. Here,
if A intends to cause injury, fear or annoyance to Z, he uses
criminal force to Z.

351.
Assault.

351. Assault.–Whoever makes any gesture, or any preparation
intending or knowing it to be likely that such gesture or preparation
will cause any person present to apprehend that he who makes that
gesture or preparation is about to use criminal force to that person,
is said to commit an assault.

Explanation.-Mere words do not amount to an assault. But the
words which a person uses may give to his gestures or preparation such
a meaning as may make those gestures or preparations amount to an
assault.

Illustrations

(a) A shakes his fist at Z, intending or knowing it to be likely
that he may thereby cause Z to believe that A is about to strike Z. A
has committed an assault.

(b) A begins to unloose the muzzle of a ferocious dog, intending
or knowing it to be likely that he may thereby cause Z to believe that
he is about to cause the dog to attack Z. A has committed an assault
upon Z.

(c) A takes up a stick, saying to Z, “I will give you a beating”.
Here, though the words used by A could in no case amount to an
assault, and though the mere gesture, unaccompanied by any other
circumstances, might not amount to an assault,the gesture explained by
the words may amount to an assault.

352.

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

352. Punishment for assault or criminal force otherwise than on
grave provocation.–Whoever assaults or uses criminal force to any
person otherwise than on grave and sudden provocation given by that
person, shall be punished with imprisonment of either description for
a term which may extend to three months, or with fine which may extend
to five hundred rupees, or with both.

Explanation.-Grave and sudden provocation will not mitigate the
punishment for an offence under this section, if the provocation is
sought or voluntarily provoked by the offender as an excuse for the
offence, or

if the provocation is given by anything done in obedience to the
law, or by a public servant, in the lawful exercise of the powers of
such public servant, or

if the provocation is given by anything done in the lawful
exercise of the right of private defence.

Whether the provocation was grave and sudden enough to mitigate
the offence, is a question of fact.

353.

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

353. Assault or criminal force to deter public servant from
discharge of his duty.–Whoever assaults or uses criminal force to any
person being a public servant in the execution of his duty as such
public servant, or with intent to prevent or deter that person from
discharging his duty as such public servant, or in consequence of
anything done or attempted to be done by such person to the lawful
discharge of his duty as such public servant, shall be punished with
imprisonment of either description for a term which may extend to two
years, or with fine, or with both.

180

354.

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

354. Assault or criminal force to woman with intent to outrage
her modesty.–Whoever assaults or uses criminal force to any woman,
intending to outrage or knowing it to be likely that he will there by
outrage her modesty, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both.

355.

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

355. Assault or criminal force with intent to dishonour person,
otherwise than on grave provocation.–Whoever assaults or uses
criminal force to any person, intending thereby to dishonour that
person, otherwise than on grave and sudden provocation given by that
person, shall be punished with imprisonment of either description for
a term which may extend to two years, or with fine, or with both.

356.

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

356. Assault or criminal force in attempt to commit theft of
property carried by a person.–Whoever assaults or uses criminal force
to any person, in attempting to commit theft on any property which
that person is then wearing or carrying shall be punished with
imprisonment of either description for a term which may extend to two
years, or with fine, or with both.

357.

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

357. Assault or criminal force in attempt wrongfully to confine a
person.–Whoever assaults or uses criminal force to any person, in
attempting wrongfully to confine that person, shall be punished with
imprisonment of either description for a term which may extend to one
year, or with fine which may extend to one thousand rupees, or with
both.

358.

Assault or criminal force on grave provocation.

358. Assault or criminal force on grave provocation.–Whoever
assaults or uses criminal force to any person on grave and sudden
provocation given by that person, shall be punished with simple
imprisonment for a term which may extend to one month, or with fine
which may extend to two hundred rupees, or with both.

Explanation.-The last section is subject to the same explanation
as section 352.
Of kidnapping, abduction, slavery and forced labour

359.

Kidnapping.

359. Kidnapping.–Kidnapping is of two kinds : kidnapping from
1*[India], and kidnapping FROM lawful guardianship.

360.

Kidnapping FROM India.

360. Kidnapping FROM India.–Whoever conveys any person beyond
the limits of 1*[India] without the consent of that person, or of
some person legally authorized to consent on behalf of that person, is
said to kidnap that person FROM 1*[India].

361.
Kidnapping FROM lawful guardianship.

361. Kidnapping FROM lawful guardianship.–Whoever takes or
entices any minor under 2*[sixteen] years of age if a male, or
under 3*[eighteen] years of age if a female, or any person of
unsound mind, out of the keeping of the lawful guardian of such minor
or person of unsound mind, without the consent of such guardian, is
said to kidnap such minor or person FROM lawful guardianship.

Explanation.-The words “lawful guardian” in this section include
any person lawfully entrusted with the care or custody of such minor
or other person.
———————————————————————-
1. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States.”

2. Subs. by Act 42 of 1949, s. 2, for “fourteen”.

3. Subs., by s. 2, ibid., for “sixteen”.
———————————————————————-

181.
Exception.-This section does not extend to the act of any person
who in good faith believes himself to be the father of an illegitimate
child, or who in good faith believes himself to be entitled to the
lawful custody of such child, unless such act is committed for an
immoral or unlawful purpose.

362.

Abduction.

362. Abduction.–Whoever by force compels, or by any deceitful
means induces any person to go FROM any place, is said to abduct that
person.

363.

Punishment for kidnapping.

363. Punishment for kidnapping.–Whoever kidnaps any person from
1*[India] or FROM lawful guardianship, shall be punished with
imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.

363A.

Kidnapping or maiming a minor for purposes of begging.

2*[363A. Kidnapping or maiming a minor for purposes of
begging.–(1) Whoever kidnaps any minor or, not being the lawful
guardian of a minor, obtains the custody of the minor, in ORDER that
such minor may be employed or used for the purposes of begging shall
be punishable with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.

(2) Whoever maims any minor in ORDER that such minor may be
employed or used for the purposes of begging shall be punishable with
imprisonment for life, and shall also be liable to fine.

(3) Where any person, not being the lawful guardian of a minor,
employs or uses such minor for the purposes of begging, it shall be
presumed, unless the contrary is proved, that he kidnapped or
otherwise obtained the custody of that minor in ORDER that the minor
might be employed or used for the purposes of begging.

(4) In this section,-

(a) “begging” means-

(i) soliciting or receiving alms in a public place,
whether under the pretence of singing, dancing,
fortunetelling, performing tricks or selling articles or
otherwise;

(ii) entering on any private premises for the purpose of
soliciting or receiving alms;

(iii) exposing or exhibiting, with the object of
obtaining or extorting alms, any sore, wound, injury,
deformity or disease, whether of himself or of any other
person or of an animal;

(iv) using a minor as an exhibit for the purpose of
soliciting or receiving alms;

(b) “minor” means-

(i) in the case of a male, a person under sixteen years
of age; and

(ii) in the case of a female, a person under eighteen
years of age.]
———————————————————————-
1. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.

2. Ins. by Act 52 of 1959, s. 2 (w.e.f. 15-1-1960).
———————————————————————-

182.

364.

Kidnapping or abducting in ORDER to murder.

364. Kidnapping or abducting in ORDER to murder.–Whoever kidnaps
or abducts any person in ORDER that such person may be murdered or may
be so disposed of as to be put in danger of being murdered, shall be
punished with 1*[imprisonment for life] or rigorous imprisonment
for a term which may extend to ten years, and shall also be liable to
fine.

IIIustrations

(a) A kidnaps Z FROM 2*[India], intending or knowing it to be
likely that Z may be sacrificed to an idol. A has committed the
offence defined in this section.

(b) A forcibly carries or entices B away FROM his home in order
that B may be murdered. A has committed the offence defined in this
section.

364A.

Kidnappin for ransom, etc.

3*364A. Kidnapping for ransom, etc.-Whoever kidnaps or abducts
any person or keeps a person in detention after such kidnapping or
abduction, and threatens to cause death or hurt to such person, or by
his conduct gives rise to a reasonable appreension that such person
may be put to death or hurt, or causes hurt or death to such person in
ORDER to compel the Government or any foreign State or international
inter-governmental organisation or any other person to do or abstain
FROM doing any act or to pay a ransom, shall be punishable with death
or imprisonment for life, and shall also be liable to fine.

365.

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

365. Kidnapping or abducting with intent secretly and wrongfully
to confine person.–Whoever kidnaps or abducts any person with intent
to cause that person to be secretly and wrongfully confined, shall be
punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.

366.

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

366. Kidnapping, abducting or inducing woman to compel her
marriage, etc.–Whoever kidnaps or abducts any woman with intent that
she may be compelled, or knowing it to be likely that she will be
compelled, to marry any person against her will, or in ORDER that she
may be forced or seduced to illicit intercourse, or knowing it to be
likely that she will be forced or seduced to illicit intercourse,
shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine;
3*[and whoever, by means of criminal intimidation as defined in this
Code or of abuse of authority or any other method of compulsion,
induces any woman to go FROM any place with intent that she may be, or
knowing that it is likely that she will be, forced or seduced to
illicit intercourse with another person shall also be punishable as
aforesaid].

4*[366A.

Procuration of minor girl.

6*[366A. Procuration of minor girl.–Whoever, by any means
whatsoever, induces any minor girl under the age of eighteen years to
go FROM any place or to do any act with intent that such girl may be,
or knowing that it is likely that she will be, forced or seduced to
illicit intercourse with another person shall be punishable with
imprisonment which may extend to ten years, and shall also be liable
to fine.

366B.

Importation of girl FROM foreign country.

366B. Importation of girl FROM foreign country.–Whoever imports
INTO 2*[India] FROM any country outside India 7*[or FROM the State
of Jammu and Kashmir] any girl under the age of twenty-one years with
intent that she may be, or knowing it to be likely that she will be,
forced or seduced to illicit intercourse with another person,

5* * * * *

shall be punishable with imprisonment which may extend to ten
years, and shall also be liable to fine.]
———————————————————————-
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.
3. Ins. by Act 42 of 1997 s. 2. 4. Subs. by Act 24 of 1995, s. 2. 5. Ins. by Act 20 of 1923, s. 2. 6. Ins. by s.3, ibid.
7. Ins. by Act 3 of 1951, s.3 and Sch.,
8. Certain words omitted by s.3 and Sch., ibid.
———————————————————————-

183.

367.

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

367. Kidnapping or abducting in ORDER to subject person to
grievous hurt, slavery, etc.–Whoever kidnaps or abducts any person in
ORDER that such person may be subjected, or may be so disposed of as
to be put in danger of being subjected to grievous hurt, or slavery,
or to the unnatural lust of any person, or knowing it to be likely
that such person will be so subjected or disposed of, shall be
punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.

368.

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

368. Wrongfully concealing or keeping in confinement, kidnapped
or abducted person.–Whoever, knowing that any person has been
kidnapped or has been abducted, wrongfully conceals or confines such
person, shall be punished in the same manner as if he had kidnapped or
abducted such person with the same intention or knowledge, or for the
same purpose as that with or for which he conceals or detains such
person in confinement.

369.

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

369. Kidnapping or abducting child under ten years with intent to
steal FROM its person.–Whoever kidnaps or abducts any child under the
age of ten years with the intention of taking dishonestly any movable
property FROM the person of such child, shall be punished with
imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.

370.

Buying or disposing of any person as a slave.

370. Buying or disposing of any person as a slave.–Whoever
imports, exports, removes, buys, sells or disposes of any person as a
slave, or accepts, receives or detains against his will any person as
a slave, shall be punished with imprisonment of either description for
a term which may extend to seven years, and shall also be liable to
fine.

371.
Habitual dealing in slaves.

371. Habitual dealing in slaves.–Whoever habitually imports,
exports, removes, buys, sells traffics or deals in slaves, shall be
punished with 1*[imprisonment for life], or with imprisonment of
either description for a term not exceeding ten years, and shall also
be liable to fine.

372.

Selling minor for purposes of prostitution, etc.

372. Selling minor for purposes of prostitution, etc.–Whoever
sells, lets to hire, or otherwise disposes of any 2*[person under
the age of eighteen years with intent that such person shall at any
age be employed or used for the purpose of prostitution or illicit
intercourse with any person or for any unlawful and immoral purpose,
or knowing it to be likely that such person will at any age be]
employed or used for any such purpose, shall be punished with
imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.

3*[Explanation I.-When a female under the age of eighteen
years is sold, let for hire, or otherwise disposed of to a prostitute
or to any person who keeps or manages a brothel, the person so
disposing of such female shall, until the contrary is proved, be
presumed to have disposed of her with the intent that she shall be
used for the purpose of prostitution.

Explanation II.-For the purposes of this section “illicit
intercourse” means sexual intercourse between persons not united by
marriage, or by any union or tie which though not amounting to a
marriage, is recognised by the personal law or custom of the community
to which they belong or, where they belong to different communities,
of both such communities, as constituting between them a quasi-marital
relation.]

373.

Buying minor for purposes of prostitution, etc.

373. Buying minor for purposes of prostitution, etc.–Whoever
buys, hires or otherwise obtains possession of any 2*[person under
the age of eighteen years with intent that such person shall at
———————————————————————-
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.
2. Subs. by Act 18 of 1924, s. 2, for “minor under the age of
eighteen years with intent that such minor shall be employed or
used for the purpose of prostitution or for any unlawful and
immoral purpose, or knowing it to be likely that such minor will
be”.
3. Ins. by s.3, ibid,

184.
any age be employed or used for the purpose of prostitution or illicit
intercourse with any person or for any unlawful and immoral purpose,
or knowing it to be likely that such person will at any age be]
employed or used for any such purpose, shall be punished with
imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.

1*[Explanation I.-Any prostitute or any person keeping or
managing a brothel, who buys, hires or otherwise obtains possession of
a female under the age of eighteen years shall, until the contrary is
proved, be presumed to have obtained possession of such female with
the intent that she shall be used for the purpose of prostitution.

Explanation II.-“Illicit intercourse” has the same meaning as in
section 372.]

374.

Unlawful compulsory labour.

374. Unlawful compulsory labour.–Whoever unlawfully compels any
person to labour against the will of that person, shall be punished
with imprisonment of either description for a term which may extend to
one year, or with fine, or with both.

2*[Sexual offences

375.

Rape.

375. Rape.–A man is said to commit “rape” who, except in the
case hereinafter excepted, has sexual intercourse with a woman under
circumstances falling under any of the six following descriptions:-

First.-Against her will.

Secondly.-Without her consent.

Thirdly.-With her consent, when her consent has been
obtained by putting her or any person in whom she is interested
in fear of death or of hurt.

Fourthly.-With her consent, when the man knows that he is
not her husband, and that her consent is given because she
believes that he is another man to whom she is or believes
herself to be lawfully married.

Fifthly.-With her consent, when, at the time of giving such
consent, by reason of unsoundness of mind or intoxication or the
administration by him personally or through another of any
stupefying or unwholesome substance, she is unable to understand
the nature and consequences of that to which she gives consent.

Sixthly.-With or without her consent, when she is under
sixteen years of age.

Explanation.-Penetration is sufficient to constitute the sexual
intercourse necessary to the offence of rape.

Exception.-Sexual intercourse by a man with his own wife, the
wife not being under fifteen years of age, is not rape.

376.

Punishment for rape.

376. Punishment for rape.–(1) Whoever, except in the cases
provided for by sub-section (2), commits rape shall be punished with
imprisonment of either description for a term which shall not be less
than seven years but which may be for life or for a term which may
extend to ten years and shall also be liable to fine unless the woman
raped is his own wife and is not under twelve years of age, in which
case, he shall be punished with imprisonment of either description for
a term which may extend to two years or with fine or with both:
———————————————————————-
1. Ins. by Act 18 of 1924, s. 4. 2. Subs. by Act 43 of 1983, s.3 for the heading “Of rape” and ss.
375 and 376. ———————————————————————-

185.
Provided that the court may, for adequate and special reasons to
be mentioned in the judgment, impose a sentence of imprisonment for a
term of less than seven years.

(2) Whoever,-

(a) being a police officer commits rape-

(i) within the limits of the police station to which
he is appointed; or

(ii) in the premises of any station house whether or
not situated in the police station to which he is
appointed; or

(iii) on a woman in his custody or in the custody of a
police officer subordinate to him; or

(b) being a public servant, takes advantage of his official
position and commits rape on a woman in his custody as such
public servant or in the custody of a public servant subordinate
to him; or

(c) being on the management or on the staff of a jail,
remand home or other place of custody established by or under any
law for the time being in force or of a womens or childrens
institution takes advantage of his official position and commits
rape on any inmate of such jail, remand home, place or
institution; or

(d) being on the management or on the staff of a hospital,
takes advantage of his official position and commits rape on a
woman in that hospital; or

(e) commits rape on a woman knowing her to be pregnant; or

(f) commits rape on a woman when she is under twelve years
of age; or

(g) commits gang rape,

shall be punished with rigorous imprisonment for a term which shall
not be less than ten years but which may be for life and shall also be
liable to fine:

Provided that the court may, for adequate and special reasons to
be mentioned in the judgment, impose a sentence of imprisonment of
either description for a term of less than ten years.

Explanation 1.-Where a womens is raped by one or more in a group
of persons acting in furtherance of their common intention, each of
the persons shall be deemed to have committed gang rape within the
meaning of this sub-section.

Explanation 2.-“womens or childrens institution” means an
institution, whether called and orphanage or a home for neglected
women or children or a widows home or by any other name, which is
established and maintained for the reception and care of women or
children.

Explanation 3.-“hospital” means the precincts of the hospital and
includes the precincts of any institution for the reception and
treatment of persons during convalescence or of persons requiring
medical attention or rehabilitation.

376A.

Intercourse by a man with his wife during separation.

376A. Intercourse by a man with his wife during separation.–
Whoever has sexual intercourse with his own wife, who is living
separately FROM him under a decree of separation or under any custom
or usage without her consent shall be punished with imprisonment of
either description for a term which may extend to two years and shall
also be liable to fine.

186.

376B.

Intercourse by public servant with woman in his custody.

376B. Intercourse by public servant with woman in his custody.–
Whoever, being a public servant, takes advantage of his official
position and induces or seduces, any woman, who is in his custody as
such public servant or in the custody of a public servant subordinate
to him, to have sexual intercourse with him, such sexual intercourse
not amounting to the offence of rape, shall be punished with
imprisonment of either description for a term which may extend to five
years and shall also be liable to fine.

376C.

Intercourse by superintendent of jail, remand home, etc.

376C. Intercourse by superintendent of jail, remand home, etc.–
Whoever, being the superintendent or manager of a jail, remand home or
other place of custody established by or under any law for the time
being in force or of a womens or childrens institution takes
advantage of his official position and induces or seduces any female
inmate of such jail, remand home, place or institution to have sexual
intercourse with him, such sexual intercourse not amounting to the
offence of rape, shall be punished with imprisonment of either
description for a term which may extend to five years and shall also
be liable to fine.

Explanation 1.-“Superintendent” in relation to a jail, remand
home or other place of custody or a womens or childrens institution,
includes a person holding any other office in such jail, remand home,
place or institution by virtue of which he can exercise any authority
or control over its inmates.

Explanation 2.-The expression “womens or childrens institution”
shall have the same meaning as in Explanation 2 to sub-section (2) of
section 376.

376D.

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

376D. Intercourse by any member of the management or staff of a
hospital with any woman in that hospital.–Whoever, being on the
management of a hospital or being on the staff of a hospital takes
advantage of his position and has sexual intercourse with any woman in
that hospital, such sexual intercourse not amounting to the offence of
rape, shall be punished with imprisonment of either description for a
term which may extend to five years and shall also be liable to fine.

Explanation.-The expression “hospital” shall have the same
meaning as in Explanation 3 to sub-section (2) of section 376.]

Of unnatural offences

377.

Unnatural offences.

377. Unnatural offences.–Whoever voluntarily has carnal
intercourse against the ORDER of nature with any man, woman or animal,
shall be punished with 1*[imprisonment for life], or with
imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.

Explanation.-Penetration is sufficient to constitute the carnal
intercourse necessary to the offence described in this section.

378. Theft.–Whoever, intending to take dishonestly any movable
property out of the possession of any person without that persons
consent, moves that property in ORDER to such taking, is said to
commit theft.

Explanation 1.-A thing so long as it is attached to the earth,
not being movable property, is not the subject of theft; but it
becomes capable of being the subject of theft as soon as it is severed
FROM the earth.
———————————————————————-
1. Subs, by Act 26 of 1955, s. 117 and Sch., for “transportation for
life “.
———————————————————————-

187.
Explanation 2.-A moving effected by the same act which effects
the severance may be a theft.

Explanation 3.-A person is said to cause a thing to move by
removing an obstacle which prevented it FROM moving or by separating
it FROM any other thing, as well as by actually moving it.

Explanation 4.-A person, who by any means causes an animal to
move, is said to move that animal, and to move everything which, in
consequence of the motion so caused, is moved by that animal.

Explanation 5.-The consent mentioned in the definition may be
express or implied, and may be given either by the person in
possession, or by any person HAVING for that purpose authority either
express or implied.

Illustrations

(a) A cuts down a tree on Zs ground, with the intention of
dishonestly taking the tree out of Zs possession without Zs consent.
Here, as soon as A has severed the tree in ORDER to such taking, he
has committed theft.

(b) A puts a bait for dogs in his pocket, and thus induces Zs
dog to follow it. Here, if As intention be dishonestly to take the
dog out of Zs possession without Zs consent, A has committed theft
as soon as Zs dog has begun to follow A.

(c) A meets a bullock carrying a box of treasure. He drives the
bullock in a certain direction, in ORDER that he may dishonestly take
the treasure. As soon as the bullock begins to move, A has committed
theft of the treasure.

(d) A being Zs servant, and entrusted by Z with the care of Zs
plate, dishonestly runs away with the plate, without Zs consent. A
has committed theft.

(e) Z, going on a journey, entrusts his plate to A, the keeper of
a warehouse, till Z shall return. A carries the plate to a goldsmith
and sells it. Here the plate was not in Zs possession. It could not
therefore be taken out of Zs possession, and A has not committed
theft, though he may have committed criminal breach of trust.

(f) A finds a ring belonging to Z on a TABLE in the house which Z
occupies. Here the ring is in Zs possession, and if A dishonestly
removes it, A commits theft.

(g) A finds a ring lying on the high-road, not in the possession
of any person. A, by taking it, commits no theft, though he may commit
criminal misappropriation of property.

(h) A sees a ring belonging to Z lying on a TABLE in Zs house.
Not venturing to misappropriate the ring immediately for fear of
search and detection, A hides the ring in a place where it is highly
improbable that it will ever be found by Z, with the intention of
taking the ring FROM the hiding place and selling it when the loss is
forgotten. Here A, at the time of first moving the ring, commits
theft.

(i) A delivers his watch to Z, a jeweller, to be regulated. Z
carries it to his shop. A, not owing to the jeweller any debt for
which the jeweller might lawfully detain the watch as a security,
enters the shop openly, takes his watch by force out of Zs hand, and
carries it away. Here A, though he may have committed criminal
trespass and assault, has not committed theft, inasmuch as what he did
was not done dishonestly.

188.
(j) If A owes money to Z for repairing the watch, and if Z
retains the watch lawfully as a security for the debt, and A takes the
watch out of Zs possession, with the intention of depriving Z of the
property as a security for his debt, he commits theft, inasmuch as he
takes it dishonestly.

(k) Again, if A, HAVING pawned his watch to Z, takes it out of
Zs possession without Zs consent, not HAVING paid what he borrowed
on the watch, he commits theft, though the watch is his own property
inasmuch as he takes it dishonestly.

(l) A takes an article belonging to Z out of Zs possession
without Zs consent, with the intention of keeping it until he obtains
money FROM Z as a reward for its restoration. Here A takes
dishonestly; A has therefor committed theft.

(m) A, being on friendly terms with Z, goes INTO Zs library in
Zs absence, and takes away a book without Zs 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 Zs implied
consent to use Zs book. If this was As impression, A has not
committed theft.

(n) A asks charity FROM Zs 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 Zs wife is authorized to give away alms. If
this was As impression, A has not committed theft.

(o) A is the paramour of Zs wife. She gives a valuable property,
which A knows to belong to her husband Z, and to be such property as
she has not authority FROM Z to give. If A takes the property
dishonestly, he commits theft.

(p) A, in good faith, believing property belonging to Z to be As
own property, takes that property out of Bs possession. Here, as A
does not take dishonestly, he does not commit theft.

379.

Punishment for theft.

379. Punishment for theft.–Whoever commits theft shall be
punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.

380.

Theft in dwelling house, etc.

380. Theft in dwelling house, etc.–Whoever commits theft in any
building, tent or vessel, which building, tent or vessel is used as a
human dwelling, or used for the custody of property, shall be punished
with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.

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

381. Theft by clerk or servant of property in possession of
master.–Whoever, being a clerk or servant, or being employed in the
capacity of a clerk or servant, commits theft in respect of any
property in the possession of his master or employer, shall be
punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.

382.

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

382. Theft after preparation made for causing death, hurt or
restraint in ORDER to the committing of the theft.–Whoever commits
theft, HAVING made preparation for causing death, or hurt, or
restraint, or fear of death, or of hurt, or of restraint, to any
person, in ORDER to the committing of such theft, or in ORDER to the
effecting of his escape after the committing of such theft or in order
to the retaining of property taken by such theft, shall be punished
with rigorous imprisonment for a term which may extend to ten years,
and shall also be liable to fine.

Illustrations

(a) A commits theft on property in Zs possession; and, while
committing this theft, he has a loaded pistol under his garment,
HAVING provided this pistol for the purpose of hurting Z in case Z
should resist. A has committed the offence defined in this section.

189.
(b) A picks Zs pocket, HAVING posted several of his companions
near him, in ORDER that they may restrain Z, if Z should perceive what
is passing and should resist, or should attempt to apprehend A. A has
committed the offence defined in this section.

Of extortion

383.

Extortion.

383. Extortion.–Whoever intentionally puts any person in fear of
any injury to that person, or to any other, and thereby dishonestly
induces the person so put in fear to deliver to any person any
property, or valuable security or anything signed or sealed which may
be converted INTO a valuable security, commits “extortion”.

Illustrations

(a) A threatens to publish a defamatory libel concerning Z unless
Z gives him money. He thus induces Z to give him money. A has
committed extortion.

(b) A threatens Z that he will keep Zs child in worngful
confinement, unless Z will sign and deliver to A a promissory note
binding Z to pay certain monies to A to Z sings and delivers the note.
A has committed extortion.

(c) A threatens to send club-men to plough up Zs field unless Z
will sign and deliver to B a bond binding Z under a penalty to deliver
certain produce to B, and thereby induces Z to sign and deliver the
bond. A has committed extortion.

(d) A, by putting Z in fear of grievous hurt, dishonestly induces
Z to sign or affix his seal to a blank paper and deliver it to A. Z
sings and delivers the paper to A. Here, as the paper so signed may be
converted INTO a valuable security A has committed extortion.

384.

Punishment for extortion.

384. Punishment for extortion.–Whoever commits extortion shall
be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.

385.

Putting person in fear of injury in ORDER to commit extortion.

385. Putting person in fear of injury in ORDER to commit
extortion.–Whoever, in ORDER to the committing of extortion, puts any
person in fear, or attempts to put any person in fear, of any injury,
shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.

386.

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

386. Extortion by putting a person in fear of death or grievous
hurt.–Whoever commits extortion by putting any person in fear of
death or of grievous hurt to that person or to any other, shall be
punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.

387.

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

387. Putting person in fear of death or of grievous hurt, in
ORDER to commit extortion.–Whoever in ORDER to the committing of
extortion, puts or attempts to put any person in fear of death or of
grievous hurt to that person or to any other, shall be punished with
imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.

388.

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

388. Extortion by threat of accusation of an offence punishable
with death or imprisonment for life, etc.–Whoever commits extortion
by putting any person in fear of an accusation against that person or
any other, of HAVING committed or attempted to commit any offence
punishable with death, or with 1*[imprisonment for life], or with
imprisonment for a term which may extend to ten years, or of having
attempted to induce any other person to commit such offence, shall
———————————————————————-
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.
———————————————————————-

190

shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine; and,
if the offence be one punishable under section 377 of this Code, may
be punished with 1*[imprisonment for life].

389.

Putting person in fear or accusation of offence, in ORDER to commit
extortion.

389. Putting person in fear or accusation of offence, in ORDER to
commit extortion.–Whoever, in ORDER to the committing of extortion,
puts or attempts to put any person in fear of an accusation, against
that person or any other, of HAVING committed, or attempted to commit,
an offence punishable with death or with 1*[imprisonment for life],
or with imprisonment for a term which may extend to ten years, shall
be punished with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine; and, if the
offence be punishable under section 377 of this Code, may be punished
with 1*[imprisonment for life].

Of robbery and dacoity

390.

Robbery.

390. Robbery.–In all robbery there is either theft or extortion.

When theft is robbery.

When theft is robbery.–Theft is “robbery” if, in ORDER to the
committing of the theft, or in committing the theft, or in carrying
away or attempting to carry away property obtained by the theft, the
offender, for that end, voluntarily causes or attempts to cause to any
person death or hurt or wrongful restraint, or fear of instant death
or of instant hurt, or of instant wrongful restraint.

When extortion is robbery.

When extortion is robbery.–Extortion is “robbery” if the
offender, at the time of committing the extortion, is in the presence
of the person put in fear, and commits the extortion by putting that
person in fear of instant death, of instant hurt, or of instant
wrongful restraint to that person or to some other person, and, by so
putting in fear, induces the person, so put in fear then and there to
deliver up the thing extorted.

Explanation.-The offender is said to be present if he is
sufficiently near to put the other person in fear of instant death, of
instant hurt, or of instant wrongful restraint.

Illustrations

(a) A holds Z down, and fraudulently takes Zs money and jewels
FROM Zs clothes, without Zs consent. Here A has committed theft,
and, in ORDER to the committing of that theft, has voluntarily caused
wrongful restraint to Z. A has therefore committed robbery.

(b) A meets Z on the high road, shows a pistol, and demands Zs
purse. Z, in consequence, surrenders his purse. Here A has extorted
the purse FROM Z by putting him in fear of instant hurt, and being at
the time of committing the extortion in his presence. A has therefore
committed robbery.

(c) A meets Z and Zs child on the high road. A takes the child,
and threatens to filing it down a precipice, unless Z delivers his
purse. Z, in consequence, delivers his purse. Here A has extorted the
purse FROM Z, by causing Z to be in fear of instant hurt to the child
who is there present. A has therefore committed robbery on Z.

(d) A obtains property FROM Z by saying-“Your child is in the
hands of my gang, and will be put to death unless you send us ten
thousand rupees”. This is extortion, and punishable as such: but it is
not robbery, unless Z is put in fear of the instant death of his
child.

391.
Dacoity.

391. Dacoity.–When five or more persons conjointly commit or
attempt to commit a robbery, or where the whole number of persons
conjointly committing or attempting to commit a robbery, and persons
present and aiding such commission or attempt, amount to five or more,
every person so committing, attempting or aiding, is said to commit
“dacoity”.
———————————————————————-
1. Subs, by Act 26 of 1955, s. 117 and Sch., for “transportation for
life.”
———————————————————————-

191.

392.

Punishment for robbery.

392. Punishment for robbery.–Whoever commits robbery shall be
punished with rigorous imprisonment for a term which may extend to ten
years, and shall also be liable to fine; and, if the robbery be
committed on the highway between sunset and sunrise, the imprisonment
may be extended to fourteen years.

393.

Attempt to commit robbery.

393. Attempt to commit robbery.–Whoever attempts to commit
robbery shall be punished with rigorous imprisonment for a term which
may extend to seven years, and shall also be liable to fine.

394.

Voluntarily causing hurt in committing robbery.

394. Voluntarily causing hurt in committing robbery.–If any
person, in committing or in attempting to commit robbery, voluntarily
causes hurt, such person, and any other person jointly concerned in
committing or attempting to commit such robbery, shall be punished
with 1*[imprisonment for life], or with rigorous imprisonment for a
term which may extend to ten years, and shall also be liable to fine.

395.

Punishment for dacoity.

395. Punishment for dacoity.–Whoever commits dacoity shall be
punished with 1*[imprisonment for life], or with rigorous
imprisonment for a term which may extend to ten years, and shall also
be liable to fine.

396.

Dacoity with murder.

396. Dacoity with murder.–If any one of five or more persons,
who are conjointly committing dacoity, commits murder in so committing
dacoity, every one of those persons shall be punished with death, or
1*[imprisonment for life], or rigorous imprisonment for a term which
may extend to ten years, and shall also be liable to fine.

397.

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

397. Robbery or dacoity, with attempt to cause death or grievous
hurt.–If, at the time of committing robbery or dacoity, the offender
uses any deadly weapon, or causes grievous hurt to any person, so
attempts to cause death or grievous hurt to any person, the
imprisonment with which such offender shall be punished shall not be
less than seven years.

398.

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

398. Attempt to commit robbery or dacoity when armed with deadly
weapon.–If, at the time of attempting to commit robbery or dacoity,
the offender is armed with any deadly weapon, the imprisonment with
which such offender shall be punished shall not be less than seven
years.

399.

Making preparation to commit dacoity.

399. Making preparation to commit dacoity.–Whoever makes any
preparation for committing dacoity, shall be punished with rigorous
imprisonment for a term which may extend to ten years, and shall also
be liable to fine.

400.

Punishment for belonging to gang of dacoits.

400. Punishment for belonging to gang of dacoits.–Whoever, at
any time after the passing of this Act, shall belong to a gang of
persons associated for the purpose of habitually committing dacoity,
shall be punished with 1*[imprisonment for life], or with rigorous
imprisonment for a term which may extend to ten years, and shall also
be liable to fine.

401.
Punishment for belonging to gang of thieves.

401. Punishment for belonging to gang of thieves.–Whoever, at
any time after the passing of this Act, shall belong to any wandering
or other gang of persons associated for the purpose of habitually
committing theft or robbery, and not being a gang of thugs or dacoits,
shall be punished with rigorous imprisonment for a term which may
extend to seven years, and shall also be liable to fine.

402.

Assembling for purpose of committing dacoity.

402. Assembling for purpose of committing dacoity.–Whoever, at
any time after the passing of this Act, shall be one of five or more
persons assembled for the purpose of committing dacoity, shall be
punished with rigorous imprisonment for a term which may extend to
seven years, and shall also be liable to fine.

Of criminal misappropriation of property

403.

Dishonest misappropriation of property.

403. Dishonest misappropriation of property.–Whoever dishonestly
misappropriates or converts to his own use any movable property, shall
be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.
———————————————————————-
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life.”
———————————————————————-

192.
Illustrations

(a) A takes property belonging to Z out of Zs possession in good
faith, believing, at the time when he takes it, that the property
belongs to himself. A is not guilty of theft; but if A, after
discovering his mistake, dishonestly appropriates the property to his
own use, he is guilty of an offence under this section.

(b) A, being on friendly terms with Z, goes INTO Zs library in
Zs absence and takes away a book without Zs express consent. Here,
if A was under the impression that he had Zs implied consent to take
the book for the purpose of reading it, A has not committed theft.
But, if A afterwards sells the book for his own benefit, he is guilty
of an offence under this section.

(c) A and B being joint owners of a horse, A takes the horse out
of Bs possession, intending to use it. Here as A has a right to use
the horse, he does not dishonestly misappropriate it. But, if A sells
the horse and appropriates the whole proceeds to his own use, he is
guilty of an offence under this section.

Explanation 1.-A dishonest misappropriation for a time only is a
misappropriation with the meaning of this section.

Illustration

A finds a Government promissory note belonging to Z, bearing a
blank endorsement. A, knowing that the note belongs to Z, pledges it
with a banker as a security or a loan, intending at a future time to
restore it to Z. A has committed an offence under this section.

Explanation 2.-A person who finds property not in the possession
of any other person, and such property for the purpose of protecting
it for, or of restoring it to, the owner, does not take or
misappropriate it dishonestly, and is not guilty of an offence; but he
is guilty of the offence above defined, if he appropriates it to his
own use, when he knows or has the means of discovering the owner, or
before he has used reasonable means to discover and give notice to the
owner and has kept the property a reasonable time to enable the owner
to claim it.

What are reasonable means or what is a reasonable time in such a
case, is a question of fact.

It is not necessary that the finder should know who is the owner
of the property, or that any particular person is the owner of it: it
is sufficient if, at the time of appropriating it, he does not believe
it to be his own property, or in good faith believe that the real
owner cannot be found.

Illustrations

(a) A finds a rupee on the high-road, not knowing to whom the
rupee belong, A picks up the rupee. Here A has not committed the
offence defined in this section.

(b) A finds a letter on the road, containing a bank note. From
the direction and contents of the letter he learns to whom the note
belongs. He appropriates the note. He is guilty of an offence under
this section.

(c) A finds a cheque payable to bearer. He can form no conjecture
as to the person who has lost the cheque. But the name of the person,
who has drawn the cheque, appears. A knows that this person can direct
him to the person in whose favour the cheque was drawn. A appropriates
the cheque without attempting to discover the owner. He is guilty of
an offence under this section.

193.
(d) A sees Z DROP his purse with money in it. A pick up the purse
with the intention of restoring it to Z, bu afterwards appropriates it
to his own use. A has committed an offence under this section.

(e) A finds a purse with money, not knowing to whom it belongs;
he afterwards discovers that it belongs to Z, and appropriates it to
his own use. A is guilty of an offence under this section.

(f) A finds a valuable ring, not knowing to whom it belongs. A
sells it immediately without attempting to discover the owner. A is
guilty of an offence under this section.

404.

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

404. Dishonest misappropriation of property possessed by deceased
person at the time of his death.-Whoever dishonestly misappropriates
or converts to his own use property, knowing that such property was in
the possession of a deceased person at the time of that persons
decease, and has not since been in the possession of any person
legally entitled to such possession, shall be punished with
imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine, and if the offender at
the time of such persons decease was employed by him as a clerk or
servant, the imprisonment may extend to seven years.

Illustration

Z dies in possession of furniture and money. His servant A,
before the money comes INTO the possession of any person entitled to
such possession, dishonestly misappropriates it. A has committed the
offence defined in this section.

Of criminal breach of trust

405.

Criminal breach of trust.

405. Criminal breach of trust.–Whoever, being in any manner
entrusted with property, or with any dominion over property,
dishonestly misappropriates or converts to his own use that property,
or dishonestly uses or disposes of that property in violation of any
direction of law prescribing the mode in which such trust is to be
discharged, or of any legal contract, express or implied, which he has
made touching the discharge of such trust, or wilfully suffers any
other person so to do, commits “criminal breach of trust”.

1*[2*[Explanation 1].-A person, being an employer 3*[of an
establishment whether exempted under section 17 of the Employees
Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) or
not] who deducts the employees contribution FROM the wages payable to
the employee for credit to a Provident Fund or Family Pension Fund
established by any law for the time being in force, shall be deemed to
have been entrusted with the amount of the contribution so deducted by
him and if he makes default in the payment of such contribution to the
said Fund in violation of the said law shall be deemed to have
dishonestly used the amount of the said contribution in violation of a
direction of law as aforesaid.]

4*[Explanation 2.-A person, being an employer, who deducts the
employees contribution FROM the wages payable to the employee for
credit to the Employees State Insurance Fund held and administered by
the Employees State Insurance Corporation established under the
Employees State Insurance Act, 1948 (34 of 1948), shall be deemed to
have been entrusted with the amount of the contribution so deducted by
him and if he makes default in the payment of such contribution to the
———————————————————————-
1. Ins. by Act 40 of 1973, s. 9 (w.e.f. 1-11-1973).
2. Explanation renumbered as Explanation 1 by Act 38 of 1975, s. 9. (w.e.f. 1-9-1975).
3. Ins. by Act 33 of 1988, s. 27 (w.e.f. 1-8-1988).
4. Ins. by Act 38 of 1975, s. 9 (w.e.f. 1-9-1975).
———————————————————————-

194.
said Fund in violation of the said Act, shall be deemed to have
dishonestly used the amount of the said contribution in violation of a
direction of law as aforesaid.]

Illustrations

(a) A, being executor to the will of a deceased person,
dishonestly disobeys the law which directs him to divide the effects
according to the will, and appropriates them to his own use. A has
committed criminal breach of trust.

(b) A is a warehouse-keeper, Z, going on a journey, entrusts his
furniture to A, under a contract that it shall be returned on payment
of a stipulated sum for warehouse-room. A dishonestly sells the goods.
A has committed criminal breach of trust.

(c) A, residing in Calcutta, is agent for Z, residing at Delhi.
There is an express or implied contract between A and Z, that all sums
remitted by Z to A shall be invested by A, according to Zs direction.
Z remits a lakh of rupees to A, with directions to A to invest the
same in Companys paper. A dishonestly disobeys the directions and
employs the money in his own business. A has committed criminal breach
of trust.

(d) But if A, in the last illustration, not dishonestly but in
good faith, believing that it will be more for Zs advantage to hold
shares in the Bank of Bengal, disobeys Zs directions, and buys shares
in the Bank of Bengal, for Z, instead of buying Companys paper, here,
thought Z should suffer loss, and should be entitled to bring a civil
action against A, on account of that loss, yet A, not HAVING acted
dishonestly, has not committed criminal breach of trust.

(e) A, a revenue-officer, is entrusted with public money and is
either directed by law, or bound by a contract, express or implied,
with the Government, to pay INTO a certain treasury all the public
money which he holds. A dishonestly appropriates the money. A has
committed criminal breach of trust.

(f) A, a carrier, is entrusted by Z with property to be carried
by land or by water. A dishonestly misappropriates the property. A has
committed criminal breach of trust.

406.

Punishment for criminal breach of trust.

406. Punishment for criminal breach of trust.–Whoever commits
criminal breach of trust shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine,
or with both.

407.

Criminal breach of trust by carrier, etc.

407. Criminal breach of trust by carrier, etc.–Whoever, being
entrusted with property as a carrier, wharfinger or warehouse-keeper,
commits criminal breach of trust, in respect of such property, shall
be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine.

408.

Criminal breach of trust by clerk or servant.

408. Criminal breach of trust by clerk or servant.–Whoever,
being a clerk or servant or employed as a clerk or servant, and being
in any manner entrusted in such capacity with property, or with any
dominion over property, commits criminal breach of trust in respect of
that property, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also
be liable to fine.

409.

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

409. Criminal breach of trust by public servant, or by banker,
merchant or agent.–Whoever, being in any manner entrusted with
property, or with any dominion over property in his capacity of a
public servant or in the way of his business as a banker, merchant,
factor, broker, attorney or agent, commits criminal breach of trust in
respect of that property, shall be punished with 1*[imprisonment
for life], or with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
———————————————————————-
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.
———————————————————————-

195.
OF TE RECEIVING OF STOLEN PROPERTY

410.

Stolen property.

410. Stolen property.–Property, the possession whereof has been
transferred by theft, or by extortion, or by robbery, and property
which has been criminally misappropriated or in respect of which
1***criminal breach of trust has been committed, is designated as
“stolen property”, 2*[whether the transfer has been made, or the
misappropriation or breach of trust has been committed, within or
without 3*[India]]. But, if such property subsequently comes into
the possession of a person legally entitled to the possession thereof,
it then ceases to be stolen property.

411.
Dishonestly receiving stolen property.

411. Dishonestly receiving stolen property.–Whoever dishonestly
receives or retains any stolen property, knowing or HAVING reason to
believe the same to be stolen property, shall be punished with
imprisonment of either description for a term which may extend to
three years, or with fine, or with both.

412.

Dishonestly receiving property stolen in the commission of a dacoity.

412. Dishonestly receiving property stolen in the commission of a
dacoity.–Whoever dishonestly receives or retains any stolen property,
the possession whereof he knows or has reason to believe to have been
transferred by the commission of dacoity, or dishonestly receives from
a person, whom he knows or has reason to believe to belong or to have
belonged to a gang of dacoits, property which he knows or has reason
to believe to have been stolen, shall be punished with
4*[imprisonment for life], or with rigorous imprisonment for a term
which may extend to ten years, and shall also be liable to fine.

413.

Habitually dealing in stolen property.

413. Habitually dealing in stolen property.–Whoever habitually
receives or deals in property which he knows or has reason to believe
to be stolen property, shall be punished with 4*[imprisonment for
life], or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.

414.

Assisting in concealment of stolen property.

414. Assisting in concealment of stolen property.–Whoever
voluntarily assists in concealing or disposing of or making away with
property which he knows or has reason to believe to be stolen
property, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with
both.

Of cheating

415.

Cheating.

415. Cheating.–Whoever, by deceiving any person, fraudulently or
dishonestly induces the person so deceived to deliver any property to
any person, or to consent that any person shall retain any property,
or intentionally induces the person so deceived to do or omit to do
anything which he would not do or omit if he were not so deceived, and
which act or omission causes or is likely to cause damage or harm to
that person in body, mind, reputation or property, is said to “cheat”.

Explanation.-A dishonest concealment of facts is a deception
within the meaning of this section.

Illustrations

(a) A, by falsely pretending to be in the Civil Service,
intentionally deceives Z, and thus dishonestly induces Z to let him
have on credit goods for which he does not mean to pay. A cheats.
———————————————————————-
1. The words “the” and “offence of” rep. by Act 12 of 1891, s. 2 and
Sch. I and Act 8 of 1882, s. 9, respectively.
2. Ins. by Act 8 of 1882 s. 9. 3. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.
4. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.
———————————————————————-

196.
(b) A, by putting a counterfeit mark on an article, intentionally
deceives Z INTO a belief that this article was made by a certain
celebrated manufacturer, and thus dishonestly induces Z to buy and pay
for the article. A cheats.

(c) A, by exhibiting to Z a false sample of an article
intentionally deceives Z INTO believing that the article corresponds
with the sample, and thereby dishonestly induces Z to buy and pay for
the article. A cheats.

(d) A, by tendering in payment for an article a bill on a house
with which A keeps no money, and by which A expects that the bill will
be dishonoured, intentionally deceives Z, and thereby dishonestly
induces Z to deliver the article, intending not to pay for it. A
cheats

(e) A, by pledging as diamond articles which he knows are not
diamonds, intentionally deceives Z, and thereby dishonestly induces Z
to lend money. A cheats.

(f) A Intentionally deceives Z INTO a belief that A means to
repay any money that Z may lend to him and thereby dishonestly induces
Z to lend him money, A not intending to repay it. A cheats.

(g) A intentionally deceives Z INTO a belief that A means to
deliver to Z a certain quantity of indigo plant which he does not
intend to deliver, and thereby dishonestly induces Z to advance money
upon the faith of such delivery. A cheats; but if A, at the time of
obtaining the money, intends to deliver the indigo plant, and
afterwards breaks his contract and does not deliver it, he does not
cheat, but is liable only to a civil action for breach of contract.

(h) A intentionally deceives Z INTO a belief that A has performed
As part of a contract made with Z, which he has not performed, and
thereby dishonestly induces Z to pay money. A cheats.

(i) A sells and conveys an estate to B. A, knowing that in
consequence of such sale he has no right to the property, sells or
mortgages the same to Z, without disclosing the fact of the previous
sale and conveyance to B, and receives the purchase or mortgage money
FROM Z. A cheats.

416.

Cheating by personation.

416. Cheating by personation.–A person is said to “cheat by
personation” if he cheats by pretending to be some other person, or by
knowingly substituting one person for or another, or representing that
he or any other person is a person other than he or such other person
really is.

Explanation.-The offence is committed whether the individual
personated is a real or imaginary person.

Illustrations

(a) A cheats, by pretending to be a certain rich banker of the
same name. A cheats by personation.

(b) A cheats by pretending to be B, a person who is deceased. A
cheats by personation.

417.

Punishment for cheating.

417. Punishment for cheating.-Whoever cheats shall be punished with
imprisonment of either description for a term which may extend to one
year, or with fine, or with both.

197.

418.

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

418. Cheating with knowledge that wrongful loss may ensue to
person whose interest offender is bound to protect.–Whoever cheats
with the knowledge that he is likely thereby to cause wrongful loss to
a person whose interest in the transaction to which the cheating
relates, he was bound either by law, or by legal contract, to
protect, shall be punished with imprisonment of either description for
a term which may extend to three years, or with fine, or with both.

419.

Punishment for cheating by personation.

419. Punishment for cheating by personation.–Whoever cheats by
personation shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with
both.

420.

Cheating and dishonestly inducing delivery of property.

420. Cheating and dishonestly inducing delivery of property.–
Whoever cheats and thereby dishonestly induces the person deceived to
deliver any property to any person, or to make, alter or destroy the
whole or any part of a valuable security, or anything which is signed
or sealed, and which is capable of being converted INTO a valuable
security, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable
to fine.

Of fraudulent deeds and dispositions of property

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

421. Dishonest or fraudulent removal or concealment of property
to prevent distribution among creditors.–Whoever dishonestly or
fraudulently removes, conceals or delivers to any person, or transfers
or causes to be transferred to any person, without adequate
consideration, any property, intending thereby to prevent, or knowing
it to be likely that he will thereby prevent the distribution of that
property according to law among his creditors or the creditors of any
other person, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both.

422.

Dishonestly or fraudulently preventing debt being available for
creditors.

422. Dishonestly or fraudulently preventing debt being available
for creditors.–Whoever dishonestly or fraudulently prevents any debt
or demand due to himself or to any other person FROM being made
available according to law for payment of his debts or the debts of
such other person, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both.

423.

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

423. Dishonest or fraudulent execution of deed of transfer
containing false statement of consideration.–Whoever dishonestly or
fraudulently signs, executes or becomes a party to any deed or
instrument which purports to transfer or subject to any charge any
property, or any interest therein, and which contains any false
statement relating to the consideration for such transfer or charge,
or relating to the person or persons for whose use or benefit it is
really intended to operate, shall be punished with imprisonment of
either description for a term which may extend to two years, or with
fine, or with both.

424.

Dishonest or fraudulent removal or concealment of property.

424. Dishonest or fraudulent removal or concealment of property.-
Whoever dishonestly or fraudulently conceals or removes any property
of himself or any other person, or dishonestly or fraudulently assists
in the concealment or removal thereof, or dishonestly releases any
demand or claim to which he is entitled, shall be punished with
imprisonment of either description for a term which may extend to two
years, or with fine, or with both.

Of mischief

425.

Mischief.

425. Mischief.–Whoever with intent to cause, or knowing that he
is likely to cause, wrongful loss or damage to the public or to any
person, causes the destruction of any property, or any such change in
any property or in the situation thereof as destroys or diminishes its
value or utility, or affects it injuriously, commits “mischief”.

198.
Explanation 1.-It is not essential to the offence of mischief
that the offender should intend to cause loss or damage to the owner
of the property injured or destroyed. It is sufficient if he intends
to cause, or knows that he is likely to cause, wrongful loss or damage
to any person by injuring any property, whether it belongs to that
person or not.

Explanation 2.-Mischief may be committed by an act affecting
property belonging to the person who commits the act, or to that
person and others jointly.

Illustrations

(a) A voluntarily burns a valuable security belonging to Z
intending to cause wrongful loss to Z. A has committed mischief.

(b) A introduces water in to an ice-house belonging to Z and thus
causes the ice to melt, intending wrongful loss to Z. A has committed
mischief.

(c) A voluntarily throws INTO a river a ring belonging to Z, with
the intention of there by causing wrongful loss to Z. A has committed
mischief.

(d) A, knowing that his effects are about to be taken in
execution in ORDER to satisfy a debt due FROM him to Z, destroys those
effects, with the intention of thereby preventing Z FROM obtaining
satisfaction of the debt, and of thus causing damage to Z. A has
committed mischief.

(e) A HAVING insured a ship, voluntarily causes the same to be
cast away, with the intention of causing damage to the underwriters.
A has committed mischief.

(f) A causes a ship to be cast away, intending thereby to cause
damage to Z who has lent money on bottomry on the ship. A has
committed mischief.

(g) A, HAVING joint property with Z in a horse, shoots the horse,
intending thereby to cause wrongful loss to Z. A has committed
mischief.

(h) A causes cattle to enter upon a field belonging to Z,
intending to cause and knowing that he is likely to cause damage to
Zs crop. A has committed mischief.

426.

Punishment for mischief.

426. Punishment for mischief.–Whoever commits mischief shall be
punished with imprisonment of either description for a term which may
extend to three months, or with fine, or with both.

427.

Mischief causing damage to the amount of fifty rupees.

427. Mischief causing damage to the amount of fifty rupees.–
Whoever commits mischief and thereby causes loss or damage to the
amount of fifty rupees or upwards, shall be punished with imprisonment
of either description for a term which may extend to two years, or
with fine, or with both.

428.

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

428. Mischief by killing or maiming animal of the value of ten
rupees.-Whoever commits mischief by killing, poisoning, maiming or
rendering useless any animals or animal of the value of the ten rupees
or upwards, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.

429.

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

429. Mischief by killing or maiming cattle, etc., of any value or
any animal of the value of fifty rupees.–Whoever commits mischief by
killing, poisoning, maiming or rendering useless, any elephant, camel,
horse, mule, buffalo, bull, cow or ox, whatever may be the value
thereof, of any other animal of the value of fifty rupees or upwards,
shall be punished with imprisonment or either description for a term
which may extend to five years, or with fine, or with both.

199.

430.

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

430. Mischief by injury to works of irrigation or by wrongfully
diverting water.–Whoever commits mischief by doing any act which
causes, or which he knows to be likely to cause, a diminution of the
supply of water for agricultural purposes, or for food or drink for
human beings or for animals which are property, or for cleanliness or
for carrying on any manufacture, shall be punished with imprisonment
of either description for a term which may extend to five years, or
with fine, or with both.

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

431. Mischief by injury to public road, bridge, river or
channel.–Whoever commits mischief by doing any act which renders or
which he knows to be likely to render any public road, bridge,
navigable river or navigable channel, natural or artificial,
impassable or less safe for travelling or conveying property, shall be
punished with imprisonment of either description for a term which may
extend to five years, or with fine, or with both.

432.

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

432. Mischief by causing inundation or obstruction to public
drainage attended with damage.–Whoever commits mischief by doing any
act which causes or which he knows to be likely to cause an inundation
or an obstruction to any public drainage attended with injury or
damage, shall be punished with imprisonment of either description for
a term which may extend to five years, or with fine, or with both.

433.

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

433. Mischief by destroying, moving or rendering less useful a
light-house or sea-mark.–Whoever commits mischief by destroying or
moving any light-house or other light used as a sea-mark, or any sea-
mark or buoy or other thing placed as a guide for navigators, or by
any act which renders any such light-house, sea-mark, buoy or other
such thing as aforesaid less useful as a guide for navigators, shall
be punished with imprisonment of either description for a term which
may extend to seven years, or with fine, or with both.

434.

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

434. Mischief by destroying or moving, etc., a land-mark fixed by
public authority.–Whoever commits mischief by destroying or moving
any land-mark fixed by the authority of a public servant, or by any
act which renders such land-mark less useful as such, shall be
punished with imprisonment of either description for a term which may
extend to one year, or with fine, or with both.

435.

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

435. Mischief by fire or explosive substance with intent to cause
damage to amount of one hundred or (in case of agricultural produce)
ten rupees.–Whoever commits mischief by fire or any explosive
substance intending to cause, or knowing it to be likely that he will
thereby cause, damage to any property to the amount of one hundred
rupees or upwards 1*[or (where the property is agricultural
produce) ten rupees or upwards], shall be punished with imprisonment
of either description for a term which may extend to seven years and
shall also be liable to fine.

436.

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

436. Mischief by fire or explosive substance with intent to
destroy house, etc.–Whoever commits mischief by fire or any explosive
substance, intending to cause, or knowing it to be likely that he will
thereby cause. the destruction of any building which is ordinarily
used as a place of worship or as a human dwelling or as a place for
the custody of property, shall be punished with 2*[imprisonment for
life], or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.

437.

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

437. Mischief with intent to destroy or make unsafe a decked
vessel or one of twenty tons burden.–Whoever commits mischief to any
decked vessel or any vessel of a burden of twenty tons or upwards,
intending to destroy or render unsafe, or knowing it to be likely that
he will thereby destroy or render unsafe, that vessel, shall be
punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
———————————————————————-
1. Ins. by Act 8 of 1882, s. 10. 2. Subs, by Act 26 of 1955, s. 117 and Sch, for “transportation for
life”.
———————————————————————-

200

438.

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

438. Punishment for the mischief described in section 437. committed by fire or explosive substance.–Whoever commits, or
attempts to commit, by fire or any explosive substance, such mischief
as is described in the last preceding section. shall be punished with
1*[imprisonment for life]. or with imprisonment of either
description for a term which may extend to ten years, and shall also
be liable to fine.

439.

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

439. Punishment for intentionally running vessel aground or
ashore with intent to commit theft, etc.–Whoever intentionally runs
any vessel aground or ashore, intending to commit theft of any
property contained therein or to dishonestly misappropriate any such
property, or with intent that such theft or misappropriation of
property may be committed, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall
also be liable to fine.

440.

Mischief committed after preparation made for causing death or hurt.

440. Mischief committed after preparation made for causing death
or hurt.– Whoever commits mischief, HAVING made preparation for
causing to any person death, or hurt, or wrongful restraint, or fear
of death, or hurt, or of wrongful restraint, shall be punished with
imprisonment of either description for a term which may extend to five
years, and shall also be liable to fine.

Of criminal trespass

441.
Criminal trespass.

441. Criminal trespass.–Whoever enters INTO or upon property in
the possession of another with intent to commit an offence or to
intimidate, insult or annoy any person in possession of such property,

or HAVING lawfully entered INTO or upon such property, unlawfully
remains there with intent thereby to intimidate, insult or annoy any
such person, or with intent to commit an offence,

is said to commit “criminal trespass”.

442.

House-trespass.

442. House-trespass.–Whoever commits criminal trespass by
entering INTO or remaining in any building, tent or vessel used as a
human dwelling or any building used as a place for worship, or as a
place for the custody of property, is said to commit “house-trespass”.

Explanation.-The introduction of any part of the criminal
trespassers body is entering sufficient to constitute house-trespass.

443.

Lurking house-trespass.

443. Lurking house-trespass.–Whoever commits house-trespass
HAVING taken precautions to conceal such house-trespass FROM some
person who has a right to exclude or eject the trespasser FROM the
building, tent or vessel which is the subject of the trespass, is said
to commit “lurking house-trespass”.

444.

Lurking house-trespass by night.

444. Lurking house-trespass by night.–Whoever commits lurking
house-trespass after sunset and before sunrise, is said to commit
“lurking house-trespass by night”.

445.

House-breaking.

445. House-breaking.–A person is said to commit “house-breaking”
who commits house-trespass if he effects his entrance INTO the house
or any part of it in any of the six ways hereinafter described; or if,
being in the house or any part of it for the purpose of committing an
offence, or HAVING committed an offence therein, he quits the house or
any part of it in any of it in such six ways, that is to say :-

First.-If he enters or quits through a passage made by himself,
or by any abettor of the house-trespass, in ORDER to the committing of
the house-trespass.
———————————————————————-
1. Subs. by act. 26 of 1955, s. 117 and Sch., for “transportation
for life”.
———————————————————————-

201.
Secondly.-If he enters or quits through any passage not intended
by any person, other than himself or an abettor of the offence, for
human entrance; or through any passage to which he has obtained access
by scaling or climbing over any wall or building.

Thirdly.-If he enters or quits through any passage which he or
any abettor of the house-trespass has opened, in ORDER to the
committing of the house-trespass by any means by which that passage
was not intended by the occupier of the house to be opened.

Fourthly.-If he enters or quits by opening any lock in ORDER to
the committing of the house-trespass, or in ORDER to the quitting of
the house after a house-trespass.

Fifthly.-If he effects his entrance or departure by using
criminal force or committing an assault, or by threatening any person
with assault.

Sixthly.-If he enters or quits by any passage which he knows to
have been fastened against such entrance or departure, and to have
been unfastened by himself or by an abettor of the house-trespass.

Explanation.-Any out-house or building occupied with a house, and
between which and such house there is an immediate internal
communication, is part of the house within the meaning of this
section.

Illustrations

(a) A commits house-trespass by making a hole through the wall of
Zs house, and putting his hand through the aperture. This is house-
breaking.

(b) A commits house-trespass by creeping INTO a ship at a port-
hole between decks. This is house-breaking.

(c) A commits house-trespass by entering Zs house through a
window. This is house-breaking.

(d) A commits house-trespass by entering Zs house through the
door, HAVING opened a door which was fastened. This is house-breaking.

(e) A commits house-trespass by entering Zs house through the
door, HAVING lifted a latch by putting a wire through a hole in the
door. This is house-breaking.

(f) A finds the key of Zs house door, which Z had lost, and
commits house trespass by entering Zs house, HAVING opened the door
with that key. This is house-breaking.

(g) Z is standing in his doorway. A forces a passage by knocking
Z down, and commits house-trespass by entering the house. This is
house-breaking.

(h) Z, the door-keeper of Y, is standing in Ys doorway. A
commits house-trespass by entering the house, HAVING deterred Z from
opposing him by threatening to beat him. This is house-breaking.

446.

House-breaking by night.

446. House-breaking by night.–Whoever commits house-breaking
after sunset and before sunrise, is said to commit “house-breaking by
night”.

447.

Punishment for criminal trespass.

447. Punishment for criminal trespass.–Whoever commits criminal
trespass shall be punished with imprisonment of either description for
a term which may extend to three months, or with fine which may extend
to five hundred rupees, or with both.

448.

Punishment for house-trespass.

448. Punishment for house-trespass.–Whoever commits house-
trespass shall be punished with imprisonment of either description for
a term which may extend to one year, or with fine which may extend to
one thousand rupees, or with both.

202.

449.

House-trespass in ORDER to commit offence punishable with death.

449. House-trespass in ORDER to commit offence punishable with
death.–Whoever commits house-trespass in ORDER to the committing of
any offence punishable with death, shall be punished with
1*[imprisonment for life], or with rigorous imprisonment for a term
not exceeding ten years, and shall also be liable to fine.

450.

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

450. House-trespass in ORDER to commit offence punishable with
imprisonment for life.–Whoever commits house-trespass in ORDER to the
committing of any offence punishable with 1*[imprisonment for
life], shall be punished with imprisonment of either description for a
term not exceeding ten years, and shall also be liable to fine.

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

451. House-trespass in ORDER to commit offence punishable with
imprisonment.–Whoever commits house-trespass in ORDER to the
committing of any offence punishable with imprisonment, shall be
punished with imprisonment of either description for a term which may
extend to two years, and shall also be liable to fine; and if the
offence intended to be committed is theft, the term of the
imprisonment may be extended to seven years.

452.

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

452. House-trespass alter preparation for hurt, assault or
wrongful restraint.–Whoever commits house-trespass, HAVING made
preparation for causing hurt to any person or for assaulting any
person, or for wrongfully restraining any person, or for putting and
person in fear of hurt, or of assault, or of wrongful restraint, shall
be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine.

453.

Punishment for lurking house-trespass or house-breaking.

453. Punishment for lurking house-trespass or house-breaking.–
Whoever commits lurking house-trespass or house-breaking, shall be
punished with imprisonment of either description for a term which may
extend to two years, and shall also be liable to fine.

454.

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

454. Lurking house-trespass or house-breaking in ORDER to commit
offence punishable with imprisonment.–Whoever commits lurking house-
trespass or house-breaking, in ORDER to the committing of any offence
punishable with imprisonment, shall be punished with imprisonment of
either description for a term which may extend to three years, and
shall also be liable to fine; and if the offence intended to be
committed is theft, the term of the imprisonment may be extended to
ten years.

455.

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

455. Lurking house-trespass or house-breaking after preparation
for hurt, assault or wrongful restraint.–Whoever commits lurking
house-trespass, or house-breaking, HAVING made preparation for causing
hurt to any person, or for assaulting any person, or for wrongfully
restraining any person, or for putting any person in fear of hurt or
of assault or of wrongful restraint, shall be punished with
imprisonment of either description or a term which may extend to ten
years, and shall also be liable to fine.

456.

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

456. Punishment for lurking house-trespass or house-breaking by
night.–Whoever commits lurking house-trespass by night, or house-
breaking by night, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also
be liable to fine.

457.

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

457. Lurking house-trespass or house-breaking by night in order
to commit offence punishable with imprisonment.–Whoever commits
lurking house-trespass by night, or house-breaking by night in order
to the committing of any offence punishable with imprisonment, shall
be punished with imprisonment of either description for a term which
may extend to five years, and shall also be liable to fine; and, if
the offence intended to be committed is theft, the term of the
imprisonment may be extended to fourteen years.

458.

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

458. Lurking house-trespass or house-breaking by night after
preparation for hurt, assault, or wrongful restraint.–Whoever commits
lurking house-trespass by night, or house-breaking by night, having
made preparation for causing hurt to any person or for assaulting any
person, or for wrongfully restraining any person, or for putting any
person in fear of hurt, or of assault, or of wrongful restraint, shall
be punished with imprisonment of either description for a term which
may extend to fourteen years, and shall also be liable to fine.
———————————————————————-
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.
———————————————————————-

203.

459.

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

459. Grievous hurt caused whilst committing lurking house-
trespass or house-breaking.–Whoever, whilst committing lurking house-
trespass or house-breaking, causes grievous hurt to any person or
attempts to cause death or grievous hurt to any person, shall be
punished with 1*[imprisonment for life], or imprisonment of either
description for a term which may extend to ten years, and shall also
be liable to fine.

460.

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

460. All persons jointly concerned in lurking house-trespass or
house-breaking by night punishable where death or grievous hurt caused
by one of them.–If at the time of the committing of lurking house-
trespass by night or house-breaking by night, any person guilty of
such offence shall voluntarily cause or attempt to cause death or
grievous hurt to any person, every person jointly concerned in
committing such lurkking house-trespass by night or house-breaking by
night, shall be punished with 1*[imprisonment for life], or with
imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.

461.
Dishonestly breaking open receptacle containing property.

461. Dishonestly breaking open receptacle containing property.–
Whoever dishonestly or with intent to commit mischief, breaks open or
unfastens any closed receptacle which contains or which he believes to
contain property, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both.

462.

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

462. Punishment for same offence when committed by person
entrusted with custody.–Whoever, being entrusted with any closed
receptacle which contains or which he believes to contain property
without HAVING authority to open the same, dishonestly, or with intent
to commit mischief, breaks open or unfastens that receptacle, shall be
punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.

463. Forgery.–Whoever makes any false document or part of a
document with intent to cause damage or injury, to the public or to
any person, or to support any claim or title, or to cause any person
to part with property, or to enter INTO any express or implied
contract, or with intent to commit fraud or that fraud may be
committed, commits forgery.

464.

Making a false document.

464. Making a false document.–A person is said to make a false
document-

First.-Who dishonestly or fraudulently makes, signs, seals or
executes a document or part of a document, or makes any mark denoting
the execution of a document, with the intention of causing it to be
believed that such document or part of a document was made, signed,
sealed or executed by or by the authority of a person by whom or by
whose authority he knows that it was not made, signed, sealed or
executed, or at a time at which he knows that it was not made, signed,
sealed or executed; or

Secondly.-Who, without lawful authority, dishonestly or
fraudulently, by cancellation or otherwise, alters a document in any
material part thereof, after it has been made or executed either by
himself or by any other person, whether such person be living or dead
at the time of such alteration; or

Thirdly.-Who dishonestly or fraudulently causes any person to
sign, seal, execute or alter a document, knowing that such person by
reason of unsoundness of mind or intoxication cannot, or that by
reason of deception practised upon him, he does not know the contents
of the document or the nature of the alteration.
———————————————————————-
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.
2. The words “Trade or” omitted by Act 43 of 1958, s. 135 and Sch.
(w.e.f. 25-11-1959).
———————————————————————-

204.
Illustrations

(a) A has a letter of credit upon B for rupees 10,000, written by
Z. A, in ORDER to defraud B, adds cipher to the 10,000, and makes the
sum 1,00,000 intending that it may be believed by B that Z so wrote
the letter. A has committed forgery.

(b) A without Zs authority, affixes Zs seal to a document
purporting to be a conveyance of an estate FROM Z to A, with the
intention of selling the estate to B and thereby of obtaining FROM B
the purchase-money. A has committed forgery.

(c) A picks up a cheque on a banker signed by B, payable to
bearer, but without any sum HAVING been inserted in the cheque. A
fraudulently fills up the cheque by inserting the sum of ten thousand
rupees. A commits forgery.

(d) A leaves with B, his agent, a cheque on a banker, signed by
A, without inserting the sum payable and authorizes B to fill up the
cheque by inserting a sum not exceeding ten thousand rupees for the
purpose of making certain payments. B fraudulently fills up the cheque
by inserting the sum of twenty thousand rupees. B commits forgery.

(e) A draws a bill of exchange on himself in the name of B
without Bs authority, intending to discount it as a genuine bill with
a banker and intending to take up the bill on its maturity. Here, as A
draws the bill with intent to deceive the banker by leading him to
suppose that he had the security of B, and thereby to discount the
bill, A is guilty of forgery.

(f) Zs will contains these words-“I direct that all my remaining
property be equally divided between A, B and C.” A dishonestly
scratches out Bs name, intending that it may be believed that the
whole was left to himself and C. A has committed forgery.

(g) A endorses a Government promissory note and makes it payable
to Z< for his ORDER BY writing on the bill the words “Pay to Z or his
order” and signing the endorsement. B dishonestly erases the words
“Pay to Z or his order”, and thereby converts the special endorsement
INTO a blank endorsement. B commits forgery.

(h) A sells and conveys an estate to Z. A afterwards, in ORDER to
defraud Z of his estate, executes a conveyance of the same estate to
B, dated six months earlier than the date of the conveyance to Z,
intending it to be believed that he had conveyed the estate to B
before he conveyed it to Z. A has committed forgery.

(i) Z dictates his will to A. A intentionally writes down a
different legatee named by Z, and by representing to Z that he has
prepared the will according to his instructions, induces Z to sign the
will. A has committed forgery.

(j) A writes a letter and signs it with Bs name without Bs
authority, certifying that A is a man of good character and in
distressed circumstances FROM unforeseen misfortune, intending by
means of such letter to obtain alms FROM Z and other persons. Here, as
A made a false document in ORDER to induce Z to part with property, A
has committed forgery.

(k) A without Bs authority writes a letter and signs it in Bs
name certifying to As character, intending thereby to obtain
employment under Z. A has committed forgery inasmuch as he intended to
deceive Z by the forged certificate, and thereby to induce Z to enter
INTO an express or implied contract for service.

205.
Explanation I.-A mans signature of his own name may amount to
forgery.

Illustrations

(a) A signs his own name to a bill of exchange, intending that it
may be believed that the bill was drawn by another person of the same
name. A has committed forgery.

(b) A writes the word “accepted” on a piece of paper and signs it
with Zs name, in ORDER that B may afterwards write on the paper a
bill of exchange drawn by B upon Z, and negotiate the bills as though
it had been accepted by Z. A is guilty of forgery; and if B, knowing
the fact, draws the bill upon the paper pursuant to As intention, B
is also guilty of forgery.

(c) A picks up a bill of exchange payable to the ORDER of a
different person of the same name. A endorses the bill in his own
name, intending to cause it to be believed that it was endorsed by the
person to whose ORDER it was payable; here A has committed forgery.

(d) A purchases an estate sold under execution of a decree
against B. B, after the seizure of the estate, in collusion with Z,
executes a lease of the estate to Z at a nominal rent and for a long
period and dates the lease six months prior to the seizure, with
intent to defraud A, and to cause it to be believed that the lease was
granted before the seizure. B, though he executes the lease in his own
name, commits forgery by antedating it.

(e) A, a trader, in anticipation of insolvency, lodges effects
with B for As benefit, and with intent to defraud his creditors; and
in ORDER to give a colour to the transaction, writes a promissory note
binding himself to pay to B a sum for value received, and antedates
the note, intending that it may be believed to have been made before A
was on the point of insolvency. A has committed forgery under the
first head of the definition.

Explanation 2.-The making of a false document in the name of a
fictious person, intending it to be believed that the document was
made by real person, or in the name of a deceased person, intending it
to be believed that the document was made by the person in his
lifetime, may amount to forgery.

Illustration

A draws a bill of exchange upon a fictious person, and
fraudulently accepts the bill in the name of such fictitious person
with intent to negotiate it. A commits forgery.

465.

Punishment for forgery.

465. Punishment for forgery.–Whoever commits forgery shall be
punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.

466.

Forgery of record of Court or of public register, etc.

466. Forgery of record of Court or of public register, etc.–
Whoever forges a document, purporting to be a record or proceeding of
or in a Court of Justice, or a register of birth, baptism, marriage or
burial, or a register kept by a public servant as such, or a
certificate or document purporting to be made by a public servant in
his official capacity, or an authority to institute or defend a suit,
or to take any proceedings therein, or to confess judgment, or a power
of attorney, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable
to fine.

206.

467.

Forgery of valuable security, will, etc.

467. Forgery of valuable security, will, etc.–Whoever forges a
document which purports to be a valuable security or a will, or an
authority to adopt a son, or which purports to give authority to any
person to make or transfer any valuable security, or to receive the
principal, interest or dividends thereon, or to receive or deliver any
money, movable property, or valuable security, or any document
purporting to be an acquittance or receipt acknowledging the payment
of money, or an acquittance or receipt for the delivery of any movable
property or valuable security, shall be punished with 1. *[imprisonment for life], or with imprisonment of either description
for a term which may extend to ten years, and shall also be liable to
fine.

468.

Forgery for purpose of cheating.

468. Forgery for purpose of cheating.–Whoever commits forgery,
intending that the document forged shall be used for the purpose of
cheating, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable
to fine.

469.

Forgery for purpose of harming reputation.

469. Forgery for purpose of harming reputation.–Whoever commits
forgery, intending that the document forged shall harm the reputation
of any party, or knowing that it is likely to be used for that
purpose, shall be punished with imprisonment of either description for
a term which may extend to three years, and shall also be liable to
fine.

470.

Forged document.

470. Forged document.–A false document made wholly or in part by
forgery is designated “a forged document”.

471.
Using as genuine a forged document.

471. Using as genuine a forged document.–Whoever fraudulently or
dishonestly uses as genuine any document which he knows or has reason
to believe to be a forged document, shall be punished in the same
manner as if he had forged such document.

472.

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

472. Making or possessing counterfeit seal, etc., with intent to
commit forgery punishable under section 467.–Whoever makes or
counterfeits any seal, plate or other instrument for making an
impression, intending that the same shall be used for the purpose of
committing any forgery which would be punishable under section 467 of
this Code, or, with such intent, has in his possession any such seal,
plate or other instrument, knowing the same to be counterfeit, shall
be punishable with 1*[imprisonment for life], or with imprisonment
of either description for a term which may extend to seven years, and
shall also be liable to fine.

473.

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

473. Making or possessing counterfeit seal, etc., with intent to
commit forgery punishable otherwise.–Whoever makes or counterfeits
any seal, plate or other instrument for making an impression,
intending that the same shall be used for the purpose of committing
any forgery which would be punishable under any section of this
Chapter other than section 467, or, with such intent, has in his
possession any such seal, plate or other instrument, knowing the same
to be counterfeit, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also
be liable to fine.

474.

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

474. HAVING possession of document described in section 466 or
467, knowing it to be forged and intending to use it genuine.–Whoever
has in his possession any document, knowing the same to be forged, and
intending that the same shall fraudulently or dishonestly be used as
genuine, shall, if the document is one of the description mentioned in
section 466 of this Code, be punished with imprisonment of either
description for a term which may extend to seven years, and shall also
be liable to fine; and if the document is one of the description
mentioned in section 467, shall be punished with 1*[imprisonment
for life], or with imprisonment of either description, for a term
which may extend to seven years, and shall also be liable to fine.
———————————————————————-
1. Subs. by Act 26 of 1955. s. 117 and Sch., for “transportation for
life”.

207.

475.

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

475. Counterfeiting device or mark used for authenticating
documents described in section 467, or possessing counterfeit marked
material.–Whoever counterfeits upon, or in the substance of, any
material, any device or mark used for the purpose of authenticating
any document described in section 467 of this Code, intending that
such device or mark shall be used for the purpose of giving the
appearance of authenticity to any document then forged or thereafter
to be forged on such material, or who, with such intent, has in his
possession any material upon or in the substance of which any such
device or mark has been counterfeited, shall be punished with 1. *[imprisonment for life], or with imprisonment of either description
for a term which may extend to seven years, and shall also be liable
to fine.

476.

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

476. Counterfeiting device or mark used for authenticating
documents other than those described in section 467, or possessing
counterfeit marked material.–Whoever counterfeits upon, or in the
substance of, any material, any device or mark used for the purpose of
authenticating any document other than the documents described in
section 467 of this Code, intending that such device or mark shall be
used for the purpose of giving the appearance of authenticity to any
document then forged or thereafter to be forged on such material, or
who with such intent, has in his possession any material upon or in
the substance of which any such device or mark has been counterfeited,
shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.

477.

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

477. Fraudulent cancellation, destruction, etc., of will,
authority to adopt, or valuable security.–Whoever fraudulently or
dishonestly, or with intent to cause damage or injury to the public or
to any person, cancels, destroys or defaces, or attempts to cancel,
destroy or deface, or secretes or attempts to secrete any document
which is or purports to be a will, or an authority to adopt a son, or
any valuable security, or commits mischief in respect of such
document, shall be punished with 1*[imprisonment for life], or with
imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.

477A.

Falsification of accounts.

2*[477A. Falsification of accounts.–Whoever, being a clerk,
officer or servant, or employed or acting in the capacity of a clerk,
officer or servant, willfully, and with intent to defraud, destroys,
alters, mutilates or falsifies any book, paper, writing, valuable
security or account which belongs to or is in the possession of his
employer, or has been received by him for or on behalf of his
employer, or willfully, and with intent to defraud, makes or abets the
making of any false entry in, or omits or alters or abets the omission
or alteration of any material particular FROM or in. any such book,
paper, writing, valuable security or account, shall be punished with
imprisonment of either description for a term which may extend to
seven years, or with fine, or with both.

Explanation.-It shall be sufficient in any charge under this
section to allege a general intent to defraud without naming any
particular person intended to be defrauded or specifying any
particular sum of money intended to be the subject of the fraud, or
any particular day on which the offence was committed.]

3*[Of 4****property and other marks

478.

[Repealed.]

478. [Trade Mark.] Rep. by the Trade and Merchandise Marks Act,
1958 (43 of 1958),s. 135 and Sch. (w. e. f. 25-11-1959).
———————————————————————-
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.
2. Added by Act 3 of 1895, s. 4. 3. Subs. by Act. 4 of 1889, s. 3, for the original heading and ss.
478 to 489. 4. The word “trade,” omitted by Act 43 of 1958, s. 135 and Sch.
(w.e.f. 25-11-1959).
———————————————————————-

208.

479.

Property mark.

1*479. Property mark.–A mark used for denoting that movable
property belongs to a particular person is called a property mark.

480.

[Repealed.]

480. [Using a false trade mark.] Rep. by the Trade and
Merchandise Marks Act, 1958 (43 of 1958), s. 135 and Sch. (w.e.f. 25-
11-1959).

481.
Using a false property mark.

481. Using a false property mark.–Whoever marks any movable
property or goods or any case, package or other receptacle containing
movable property or goods, or uses any case, package or other
receptacle HAVING any mark thereon, in a manner reasonably calculated
to cause it to be believed that the property or goods so marked, or
any property or goods contained in any such receptacle so marked,
belong to a person to whom they do not belong, is said to use a false
property mark.

482.

Punishment for using a false property mark.

482. Punishment for using a false property mark.–Whoever uses
1***any false property mark shall, unless he proves that he acted
without intent to defraud, be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or
with both.

483.

Counterfeiting a property mark used by another.

483. Counterfeiting a property mark used by another.–Whoever
counterfeits any 3****property mark used by any other person shall be
punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.

484.

Counterfeiting a mark used by a public servant.

484. Counterfeiting a mark used by a public servant.–Whoever
counterfeits any property mark used by a public servant, or any mark
used by a public servant to denote that any property has been
manufactured by a particular person or at a particular time or place,
or that the property is of a particular quality or has passed through
a particular office, or that it is entitled to any exemption, or uses
as genuine any such mark knowing the same to be counterfeit, shall be
punished with imprisonment of either description for a term which may
extend to three years, and shall also be liable to fine.

485.

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

4*[485. Making or possession of any instrument for
counterfeiting a property mark.–Whoever makes or has in his
possession any die, plate or other instrument for the purpose of
counterfeiting a proper mark, or has in his possession a property mark
for the purpose of denoting that any goods belong to a person to whom
they do not belong, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine,
or with both.]

486.

Selling goods marked with a counterfeit property mark.

486. Selling goods marked with a counterfeit property mark.–
5*[Whoever sells, or exposes, or has in possession for sale, any goods
or things with a counterfeit property mark] affixed to or impressed
upon the same or to or upon any case, package or other receptacle in
which such goods are contained, shall, unless he proves-
———————————————————————-
1. Ss. 147 to 489 were subs. by Act 4 of 1889, for the original
sections.
2. The words “any false trade mark or” omitted by Act 43 of 1958, s.
135 and Sch. (w.e.f. 25-11-1959).
3. The words “trade mark or” omitted by s. 135 and Sch., ibid.
(w.e.f. 25-11-1959).
4. Subs. by s. 135 and Sch., ibid., for the former section (w.e.f
25-11-1959).
5. Subs. by s. 135 and Sch., ibid., for certain words (w.e.f. 25-11-
1959).
———————————————————————-

209.
(a) that, HAVING taken all reasonable precautions against
committing an offence against this section, he had at the time of
the commission of the alleged offence no reason to suspect the
genuineness of the mark, and

(b) that, on demand made by or on behalf of the prosecutor,
he gave all the information in his power with respect to the
persons FROM whom he obtained such goods or things, or

(c) that otherwise he had acted innocently,

be punished with imprisonment of either description for a term which
may extend to one year, or with fine, or with both.

487.

Making a false mark upon any receptacle containing goods.

487. Making a false mark upon any receptacle containing goods.–
Whoever makes any false mark upon any case, package or other
receptacle containing goods, in a manner reasonably calculated to
cause any public servant or any other person to believe that such
receptacle contains goods which it does not contain or that it does
not contain goods which it does contain, or that the goods contained
in such receptacle are of a nature or quality different FROM the real
nature or quality thereof, shall, unless he proves that he acted
without intent to defraud, be punished with imprisonment of either
description for a term which may extend to three years, or with fine,
or with both.

488.

Punishment for making use of any such false mark.

488. Punishment for making use of any such false mark.–Whoever
makes use of any such false mark in any manner prohibited by the last
foregoing section shall, unless he proves that he acted without intent
to defraud, be punished as if he had committed an offence against that
section.

489.

Tampering with property mark with intent to cause injury.

489. Tampering with property mark with intent to cause injury.–
Whoever removes, destroys, defaces or adds to any property mark,
intending or knowing it to be likely that he may thereby cause injury
to any person, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or
with both.]

1*[Of currency-notes and bank-notes

489A.

Counterfeiting currency-notes or bank-notes.

489A. Counterfeiting currency-notes or bank-notes.–Whoever
counterfeits, or knowingly performs any part of the process of
counterfeiting, any currency-note or bank-note, shall be punished with
2*[imprisonment for life], or with imprisonment of either
description for a term which may extend to ten years, and shall also
be liable to fine.

Explanation.-For the purposes of this section and of sections
489B, 3*[489C, 489D and 489E], the expression “bank-note” means a
promissory note or engagement for the payment of money to bearer on
demand issued by any person carrying on the business of banking in any
part of the world, or issued by or under the authority of any State or
Sovereign Power, and intended to be used as equivalent to, or as a
substitute for money.

489B.

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

489B. Using as genuine, forged or counterfeit currency-notes or
bank-notes.–Whoever sells to, or buys or receives from, any other
person, or otherwise traffics in or uses as genuine, any forged or
counterfeit currency-note or bank-note, knowing or HAVING reason to
believe the same to be forged or counterfeit, shall be punished with 2. *[imprisonment for life], or with imprisonment of either description
for a term which may extend to ten years, and shall also be liable to
fine.
———————————————————————-
1. Ss. 489A to 489D were ins. by Act 12 of 1899, s. 2.
2. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.

3. Subs. by Act 35 of 1950, s. 3 and Sch., II, for “489C and 489D”.

210.

489C.

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

489C. Possession of forged or counterfeit currency-notes or bank-
notes.-Whoever has in his possession any forged or counterfeit
currency-note or bank-note, knowing or HAVING reason to believe the
same to be forged or counterfeit and intending to use the same as
genuine or that it may be used as genuine, shall be punished with
imprisonment of either description for a term which may extend to
seven years, or with fine, or with both.

489D.

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

489D. Making or possessing instruments or materials for forging
or counterfeiting currency notes or bank-notes.–Whoever makes, or
performs any part of the process of making, or buys of sells or
disposes of, or has in his possession, any machinery, instrument of
material for the purpose of being used, or knowing or HAVING reason to
believe that it is intended to be used, for forging or counterfeiting
any currency-note or bank-note, shall be punished with 1. *[imprisonment for life], or with imprisonment of either description
for a term which may extend to ten years, and shall also be liable to
fine.]

489E.

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

2*[489E. Making or using documents resembling currency-notes
or bank-notes.–(1) Whoever makes, or causes to be made, or uses for
any purpose whatsoever, or delivers to any person, any document
purporting to be, or in any way resembling, or so nearly resembling as
to be calculated to deceive, any currency-note or bank-note shall be
punished with fine which may extend to one hundred rupees.

(2) If any person, whose name appears on a document the making of
which is an offence under sub-section (1), refuses, without lawful
excuse, to disclose to a police-officer on being so required the name
and address of the person by whom it was printed or otherwise made, he
shall be punished with fine which may extend to two hundred rupees.

(3) Where the name of any person appears on any document in
respect of which any person is charged with an offence under sub-
section (1) or on any other document used or distributed in connection
with that document it may, until the contrary is proved, be presumed
that that person caused the document to be made.]

493. Cohabitation caused by a man deceitfully inducing a belief
of lawful marriage.–Every man who by deceit causes any woman who is
not lawfully married to him to believe that she is lawfully married to
him and to cohabit or have sexual intercourse with him in that belief,
shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.

494.

Marrying again during lifetime of husband or wife.

494. Marrying again during lifetime of husband or wife.–Whoever,
HAVING a husband or wife living, marries in any case in which such
marriage is void by reason of its taking place during the life of such
husband or wife, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also
be liable to fine.

Exception.-This section does not extend to any person whose
marriage with such husband or wife has been declared void by a Court
of competent jurisdiction,

nor to any person who contracts a marriage during the life of a
former husband or wife, if such husband or wife, at the time of the
subsequent marriage, shall have been continually absent FROM such
person for the space of seven years, and shall not have been heard of
by such person as being alive within that time provided the person
contracting such subsequent marriage shall, before such marriage takes
place, inform the person with whom such marriage is contracted of the
real state of facts so far as the same are within his or her
knowledge.

495.

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

495. Same offence with concealment of former marriage FROM person
with whom subsequent marriage is contracted.–Whoever commits the
offence defined in the last preceding section HAVING concealed from
the person with whom the subsequent marriage is contracted, the fact
of the former marriage, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also
be liable to fine.

496.

Marriage ceremony fraudulently gone through without lawful marriage.

496. Marriage ceremony fraudulently gone through without lawful
marriage.–Whoever, dishonestly or with a fraudulent intention, goes
through the ceremony of being married, knowing that he is not thereby
lawfully married, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also
be liable to fine.

497.

Adultery.

497. Adultery.–Whoever has sexual intercourse with a person who
is and whom he knows or has reason to believe to be the wife of
another man, without the consent or connivance of that man, such
sexual intercourse not amounting to the offence of rape, is guilty of
the offence of adultery, and shall be punished with imprisonment of
either description for a term which may extend to five years, or with
fine, or with both. In such case the wife shall not be punishable as
an abettor.

498.

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

498. Enticing or taking away or detaining with criminal intent a
married woman.–Whoever takes or entices away any woman who is and
whom he knows or has reason to believe to be the wife of any other
man, FROM that man, or FROM any person HAVING the care of her on
behalf of that man, with intent that she may have illicit intercourse
with any person, or conceals or detains with that intent any such
woman, shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.

CHAPTER XXA

OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND

1*[CHAPTER XXA

OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND

498A.

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

498A. Husband or relative of husband of a woman subjecting her to
cruelty.–Whoever, being the husband or the relative of the husband of
a woman, subjects such woman to cruelty shall be punished with
imprisonment for a term which may extend to three years and shall also
be liable to fine.
———————————————————————-
1. Chapter XXA inserted by Act 46 of 1983, s. 2.
212.
Explanation.-For the purposes of this section, “cruelty” means-

(a) any wilful conduct which is of such a nature as is
likely to drive the woman to commit suicide or to cause grave
injury or danger to life, limb or health (whether mental or
physical) of the woman; or

(b) harassment of the woman where such harassment is with a
view to coercing her or any person related to her to meet any
unlawful demand for any property or valuable security or is on
account of failure by her or any person related to her to meet
such demand.]

499. Defamation.–Whoever by words either spoken or intended to
be read, or by signs or by visible representations, makes or publishes
any imputation concerning any person intending to harm, or knowing or
HAVING reason to believe that such imputation will harm, the
reputation of such person, is said, except in the cases hereinafter
excepted, to defame that person.

Explanation 1.-It may amount to defamation to impute anything to
a deceased person, if the imputation would harm the reputation of that
person if living, and is intended to be hurtful to the fellings of his
family or other near relatives.

Explanation 2.-It may amount to defamation to make an imputation
concerning a company or an association or collection of persons as
such.

Explanation 3.-An imputation in the form of an alternative or
expressed ironically, may amount to defamation.

Explanation 4.-No imputation is said to harm a persons
reputation, unless that imputation directly or indirectly, in the
estimation of others, lowers the moral or intellectual character of
that person, or lowers the character of that person in respect of his
caste or of his calling, or lowers the credit of that person, or
causes it to be believed that the body of that person is in a lothsome
state, or in a state generally considered as disgraceful.

Illustrations

(a) A says-“Z is an honest man; he never stole Bs watch”,
intending to cause it to be believed that Z did steal Bs watch. This
is defamation, unless it fall within one of the exceptions.

(b) A is asked who stole Bs watch. A points to Z, intending to
cause it to be believed that Z stole Bs watch. This is defamation,
unless it fall within one of the exceptions.

(c) A draws a picture of Z running away with Bs watch,
intending it to be believed that Z stole Bs watch. This is
defamation, unless it fall within one of the exceptions.

First Exception.-Imputation of truth which public good requires
to be made or published.- It is not defamation to impute anything
which is true concerning any person, if it be for the public good that
the imputation should be made or published. Whether or not it is for
the public good is a question of fact.

213.
Second Exception.-Public conduct of public servants.-It is not
defamation to express in good faith any opinion whatever respecting
the conduct of a public servant in the discharge of his public
functions, or respecting his character, so far as his character
appears in that conduct, and no further.

Third Exception.-Conduct of any person touching any public
question. -It is not defamation to express in good faith any opinion
whatever respecting the conduct of any person touching any public
question, and respecting his character, so far as his character
appears in that conduct, and no further.

Illustration

It is not defamation in A to express in good faith any opinion
whatever resepting Zs conduct in petitioning Government on a public
question, in signing a requisition for a meeting on a public question,
in presiding or attending at such meeting, in forming or joining any
society which invites the public support, in voting or canvassing for
a particular candidate for any situation in the efficient discharge of
the duties of which the public is interested.

Fourth Exception.-Publication of reports of proceedings of
courts- It is not defamation to publish a substantially true report of
the proceedings of a Court of Justice, or of the result of any such
proceedings.

Explanation.-A Justice of the Peace or other officer holding an
enquiry in open Court preliminary to a trial in a Court of Justice, is
a Court within the meaning of the above section.

Fifth Exception.-Merits of case decided in Court or conduct of
witnesses and others concerned. It is not defamation to express in
good faith any opinion whatever respecting the merits of any case,
civil or criminal, which has been decided by a Court of Justice, or
respecting the conduct of any person as a party, witness or agent, in
any such case, or respecting the character of such person, as far as
his character appears in that conduct, and no further.

Illustrations

(a) A says-“I think Zs evidence on that trial is so
contradictory that he must be stupid or dishonest.” A is within this
exception if he says this in good faith, inasmuch as the opinion which
he expresses respects Zs character as it appears in Zs conduct as a
witness, and no farther.

(b) But if A says-“I do not believe what Z asserted at that trial
because I know him to be a man without veracity”; A is not within this
exception, inasmuch as the opinion which expresses of Zs character,
is an opinion not founded on Zs conduct as a witness.

Sixth Exception.-Merits of public performance.-It is not
defamation to express in good faith any opinion respecting the merits
of any performance which its author has submitted to the judgment of
the public, or respecting the character of the author so far as his
character appears in such performance, and no farther.

Explanation.-A performance may be submitted to the judgment of
the public expressly or by acts on the part of the author which imply
such submission to the judgment of the public.

Illustrations

(a) A person who publishes a book, submits that book to the
judgment of the public.

(b) A person who makes a speech in public, submits that speech to
the judgment of the public.

(c) An actor or singer who appears on a public stage, submits his
acting or singing to the judgment of the public.

214.
(d) A says of a book published by Z-“Zs book is foolish; Z must
be a weak man. Zs book is indecent; Z must be a man of impure mind.”
A is within the exception, if he says this in good faith, inasmuch as
the opinion which he expresses of Z respects Zs character only so far
as it appears in Zs book, and no further.

(e) But if A says-“I am not surprised that Zs book is foolish
and indecent, for he is a weak man and a libertine.” A is not within
this exception, inasmuch as the opinion which he expresses of Zs
character is an opinion not founded on Zs book.

Seventh Exception.-Censure passed in good faith by person having
lawful authority over another.-It is not defamation in a person having
over another any authority, either conferred by law or arising out of
a lawful contract made with that other, to pass in good faith any
censure on the conduct of that other in matters to which such lawful
authority relates.

Illustration

A Judge censuring in good faith the conduct of a witness, or of
an officer of the Court; a head of a department censuring in good
faith those who are under his orders; a parent censuring in good faith
a child in the presence of other children; a schoolmaster, whose
authority is derived FROM a parent, censuring in good faith a pupil in
the presence of other pupils; a master censuring a servant in good
faith for remissness in service; a banker censuring in good faith the
cashier of his bank for the conduct of such cashier as such cashier-
are within this exception.

Eighth Exception.-Accusation preferred in good faith to
authorised person.-It is not defamation to prefer in good faith an
accusation against any person to any of those who have lawful
authority over that person with respect to the subject-matter of
accusation.

Illustration

If A in good faith accuses Z before a Magistrate; if A in good
faith complains of the conduct of Z, a servant, to Zs master;if A in
good faith complains of the conduct of Z, a child, to Zs father-A is
within this exception.

Ninth Exception.-Imputation made in good faith by person for
protection of his or others interests.-It is not defamation to make
an imputation on the character of another provided that the imputation
be made in good faith for the protection of the interest of the person
making it, or of any other person, or for the public good.

Illustrations

(a) A, a shopkeeper, says to B, who manages his business-“Sell
nothing to Z unless he pays you ready money, for I have no opinion of
his honesty.” A is within the exception, if he has made this
imputation on Z in good faith for the protection of his own interests.

(b) A, a Magistrate, in making a report to his own superior
officer, casts an imputation on the character of Z. Here, if the
imputation is made in good faith, and for the public good, A is within
the exception.

Tenth Exception.-Caution intended for good of person to whom
conveyed or for public good.- It is not defamation to convey a
caution, in good faith, to one person against another, provided that
such caution be intended for the good of the person to whom it is
conveyed, or of some person in whom that person is interested, or for
the public good.

215.

500.

Punishment for defamation.

500. Punishment for defamation.–Whoever defames another shall be
punished with simple imprisonment for a term which may extend to two
years, or with fine, or with both.

501.
Printing or engraving matter known to be defamatory.

501. Printing or engraving matter known to be defamatory.–
Whoever prints or engraves any matter, knowing or HAVING good reason
to believe that such matter is defamatory of any person, shall be
punished with simple imprisonment for a term which may extend to two
years, or with fine, or with both.

502.

Sale of printed or engraved substance containing defamatory matter.

502. Sale of printed or engraved substance containing defamatory
matter.–Whoever sells or offers for sale any printed or engraved
substance containing defamatory matter, knowing that it contains such
matter, shall be punished with simple imprisonment for a term which
may extend to two years, or with fine, or with both.

503. Criminal intimidation.–Whoever threatens another with any
injury to his person, reputation or property, or to the person or
reputation of any one in whom that person is interested, with intent
to cause alarm to that person, or to cause that person to do any act
which he is not legally bound to do, or to omit to do any act which
that person is legally entitled to do, as the means of avoiding the
execution of such threat, commits criminal intimidation.

Explanation.-A threat to injure the reputation of any deceased
person in whom the person threatened is interested, is within this
section.

Illustration

A, for the purpose of inducing B to resist FROM prosecuting a
civil suit, threatens to burn Bs house. A is guilty of criminal
intimidation.

504.

Intentional insult with intent to provoke breach of the peace.

504. Intentional insult with intent to provoke breach of the
peace.–Whoever intentionally insults, and thereby gives provocation
to any person, intending or knowing it to be likely that such
provocation will cause him to break the public peace, or to commit any
other offence, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both.

505.

Statements conducing public mischief.

1*[505. Statements conducing public mischief.–2*[(1)]
Whoever makes, publishes or circulates any statement, rumour or
report,-

(a) with intent to cause, or which is likely to cause, any
officer, soldier, 3*[sailor or airman] in the Army, 4*[Navy
or Air Force] 5*[of India] to mutiny or otherwise disregard or
fail in his duty as such; or

(b) with intent to cause, or which is likely to cause, fear
or alarm to the public, or to any section of the public whereby
any person may be induced to commit an offence against the State
or against the public tranquility; or
———————————————————————-
1. Subs. by Act 4 of 1898, s. 6, for the original section.

2. Renumbered by Act 35 of 1969, s. 3.
3. Subs. by Act 10 of 1927, s. 2 and Such. I, for “or sailor”.

4. Subs. by s. 2 and Sch. i. ibid., for “or navy”.

5. Subs. by the A.O. 1950, for “of Her Majesty or in the Imperial
Service Troops”. The words “or in the Royal Indian Marine”
occurring after the word “Majesty” were rep. by Act 35 of 1934.
216.
(c) with intent to incite, or which is likely to incite, any
class or community of persons to commit any offence against any
other class or community,

shall be punished with imprisonment which may extend to 1*[three
years], or with fine, or with both.

2*[(2) Statements creating or promoting enmity, hatred or ill-
will between classes.–Whoever makes, publishes or circulates any
statement or report containing rumour or alarming news with intent to
create or promote, or which is likely to create or promote, on grounds
of religion, race, place of birth, residence, language, caste or
community or any other ground whatsoever, feelings of enmity, hatred
or ill-will between different religious, racial, language or regional
groups or castes or communities, shall be punished with imprisonment
which may extend to three years, or with fine, or with both.

(3) Offence under sub-section (2) committed in place of worship,
etc.–Whoever commits an offence specified in sub-section (2) in any
place of worship or in any assembly engaged in the performance of
religious worship or religious ceremonies, shall be punished with
imprisonment which may extend to five years and shall also be liable
to fine.]

Exception.-It does not amount to an offence, within the meaning
of this section, when the person making, publishing or circulating any
such statement, rumour or report, has reasonable grounds for believing
that such statement, rumour or report is true and makes, publishes or
circulates it 2[in good faith and] without any such intent as
aforesaid.]

506.

Punishment for criminal intimidation.

506. Punishment for criminal intimidation.–Whoever commits the
offence of criminal intimidation shall be punished with imprisonment
of either description for a term which may extend to two years, or
with fine, or with both;

If threat be to cause death or grievous hurt, etc.

If threat be to cause death or grievous hurt, etc.–and if the
threat be to cause death or grievous hurt, or to cause the destruction
of any property by fire, or to cause an offence punishable with death
or 3*[imprisonment for life], of with imprisonment for a term which
may extend to seven years, or to impute unchastity to a woman, shall
be punished with imprisonment of either description for a term which
may extend to seven years, or with fine, or with both.

507.

Criminal intimidation by an anonymous communication.

507. Criminal intimidation by an anonymous communication.–
Whoever commits the offence of criminal intimidation by an anonymous
communication, or HAVING taken precaution to conceal the name or abode
of the person FROM whom the threat comes, shall be punished with
imprisonment of either description for a term which may extend to two
years, in addition to the punishment provided for the offence by the
last preceding section.

508.

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

508. Act caused by inducing person to believe that he will be
rendered an object of the Divine displeasure.–Whoever voluntarily
causes or attempts to cause any person to do anything which that
person is not legally bound to do, or to omit to do anything which he
is legally entitled to do, by inducing or attempting to induce that
person to believe that he or any person in whom he is interested will
become or will be rendered by some act of the offender an object of
Divine displeasure if he does not do the thing which it is the object
of the offender to cause him to do, or if he does the thing which it
is the object of the offender to cause him to omit, shall be punished
with imprisonment of either description for a term which may extend to
one year, or with fine, or with both.
———————————————————————-
1. Subs. by Act 41 of 1961, s. 4, for “two years”.

2. Ins. by Act 35 of 1969, s. 3.
3. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation”.

217.
Illustrations

(a) A sits dhurna at Zs door with the intention of causing
it to be believed that, by so sitting, he renders Z an object of
Divine displeasure. A has committed the offence defined in this
section.

(b) A threatens Z that, unless Z performs a certain act, A will
kill one of As own children, under such circumstances that the
killing would be believed to render Z an object of Divine displeasure.
A has committed the offence defined in this section.

509.

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

509. Word, gesture or act intended to insult the modesty of a
woman.–Whoever, intending to insult the modesty of any woman, utters
any word, makes any sound or gesture, or exhibits any object,
intending that such word or sound shall be heard, or that such gesture
or object shall be seen, by such woman, or intrudes upon the privacy
of such woman, shall be punished with simple imprisonment for a term
which may extend to one year, or with fine, or with both.

510.

Misconduct in public by a drunken person.

510. Misconduct in public by a drunken person.–Whoever, in a
state of intoxication, appears in any public place, or in any place
which it is a trespass in him to enter, and there conducts himself in
such a manner as to cause annoyance to any person, shall be punished
with simple imprisonment for a term which may extend to twenty-four
hours, or with fine which may extend to ten rupees, or with both.

511. Punishment for attempting to commit offences punishable with
imprisonment for life or other imprisonment.–Whoever attempts to
commit an offence punishable by this Code with 1*[imprisonment for
life] or imprisonment, or to cause such an offence to be committed,
and in such attempt does any act towards the commission of the
offence, shall, where no express provision is made by this Code for
the punishment of such attempt, be punished with 2*[imprisonment o f
any description provided for the offence, for a term which may extend
to one-half of the imprisonment for life or, as the case may be, one-
half of the longest term of imprisonment provided for that offence],
or with such fine as is provided for the offence, or with both.

Illustrations

(a) A makes an attempt to steal some jewels by breaking open a
box, and finds after so opening the box, that there is no jewel in it.
He has done an act towards the commission of theft, and therefore is
guilty under this section.

(b) A makes an attempt to pick the pocket of Z by thrusting his
hand INTO Zs pocket. A fails in the attempt in consequence of Zs
HAVING nothing in his pocket. A is guilty under this section.