THE INDIAN PENAL CODE, 1860 [part 2]

CHAPTER VIII

OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
141. Unlawful assembly.–An assembly of five or more persons is
designated an “unlawful assembly”, if the common object of the persons
composing that assembly is-

First.-To overawe by criminal force, or SHOW of criminal
force, 10*[the Central or any State Government or Parliament
or the Legislature of any State], or any public servant in the
exercise of the lawful power of such public servant; or

Second.-To resist the execution of any law, or of any legal
process; or

Third.-To commit any mischief or criminal trespass, or other
offence; or

Fourth.-By means of criminal force, or SHOW of criminal
force, to any person to take or obtain possession of any
property, or to deprive any person of the enjoyment of a right of
way, or of the use of water or other incorporeal right of which
he is in possession or enjoyment, or to enforce any right or
supposed right; or

Fifth.-By means of criminal force, or SHOW of criminal
force, to compel any person to do what he is not legally bound to
do, or to omit to do what he is legally entitled to do.

Explanation.-An assembly which was not unlawful when it
assembled, may subsequently become an unlawful assembly.

142.

Being member of unlawful assembly.

142. Being member of unlawful assembly.–Whoever, being aware of
facts which render any assembly an unlawful assembly, intentionally
joins that assembly, or continues in it, is said to be a member of an
unlawful assembly.
———————————————————————-
1. Subs. by Act 10 of 1927, s. 2 and Sch. I, for “any Articles of
War for the Army or Navy of the Queen, or for any part of such
Army or Navy”.

2. Subs. by Act 3 of 1951, s. 3 and Sch., for “the Indian Army Act,
1911”.

3. Ins. by Act 35 of 1934, s. 2 and Sch.

4. The words “or that Act as modifed by” rep. by the A.O. 1950.

5, Subs. by Act 14 of 1932, s. 130 and Sch., for “or the Air Force
Act”.

6. Subs. by Act 3 of 1951, s. 3 and Sch., for “the Indian Air Force
Act, 1932”.

7. Ins. by Act 10 of 1927, s. 2 and Sch. I.

8. Subs. by s. 2 and Sch. I, ibid., for “or Naval”.

9. Subs. by the A.O. 1950, for “Queen”.

10. Subs., ibid., for “the Central or any Provincial Government or
Legislature”.
———————————————————————-

132.

143.

Punishment.

143. Punishment.–Whoever is a member of an unlawful assembly,
shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine, or with both.

144.

Joining unlawful assembly armed with deadly weapon.

144. Joining unlawful assembly armed with deadly weapon.–
Whoever, being armed with any deadly weapon, or with anything which,
used as a weapon of offence, is likely to cause death, is a member of
an unlawful assembly, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both.

145.

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

145. Joining or continuing in unlawful assembly, knowing it has
been commanded to disperse.–Whoever joins or continues in an unlawful
assembly, knowing that such unlawful assembly has been commanded in
the manner prescribed by law to disperse, shall be punished with
imprisonment of either description for a term which may extent to two
years, or with fine, or with both.

146.

Rioting.

146. Rioting.–Whenever force or violence is used by an unlawful
assembly, or by any member thereof, in prosecution of the common
object of such assembly, every member of such assembly is guilty of
the offence of rioting.

147.

Punishment for rioting.

147. Punishment for rioting.–Whoever is guilty of rioting, shall
be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.

148.

Rioting, armed with deadly weapon.

148. Rioting, armed with deadly weapon.–Whoever is guilty of
rioting, being armed with a deadly weapon or with anything which, used
as a weapon of offence, is likely to cause death, shall be punished
with imprisonment of either description for a term which may extend to
three years, or with fine, or with both.

149.

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

149. Every member of unlawful assembly guilty of offence
committed in prosecution of common object.–If an offence is committed
by any member of an unlawful assembly in prosecution of the common
object of that assembly, or such as the members of that assembly knew
to be likely to be committed in prosecution of that object, every
person who, at the time of the committing of that offence, is a member
of the same assembly, is guilty of that offence.

150.

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

150. Hiring, or conniving at hiring, of persons to join unlawful
assembly.–Whoever hires or engages, or employes, or promotes, or
connives at the hiring, engagement or employment of any person to join
or become a member of any unlawful assembly, shall be punishable as a
member of such unlawful assembly, and for any offence which may be
committed by any such person as a member of such unlawful assembly in
pursuance of such hiring, engagement or employment, in the same manner
as if he had been a member of such unlawful assembly, or himself had
committed such offence.
 

 

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

151. Knowingly joining or continuing in assembly of five or more
persons after it has been commanded to disperse.–Whoever knowingly
joins or continues in any assembly of five or more persons likely to
cause a disturbance of the public peace, after such assembly has been
lawfully commanded to disperse, shall be punished with imprisonment of
either description for a term which may extend to six months, or with
fine, or with both.

Explanation.-If the assembly is an unlawful assembly within the
meaning of section 141, the offender will be punishable under section
145.

152.

Assaulting or obstructing public servant when suppressing riot, etc.

152. Assaulting or obstructing public servant when suppressing
riot, etc.–Whoever assaults or threatens to assault, or obstructs or
attempts to obstruct, any public servant in the discharge of his duty
as such public servant, in endeavouring to disperse an unlawful
assembly, or to suppress a riot or affray, or uses, or threatens, or
attempts to use criminal force to such public servant, shall be
punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.

133.

153.

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

153. Want only giving provocation with intent to cause riot–if
rioting be committed: if not committed.-Whoever malignantly, or
wantonly by doing anything which is illegal, gives provocation to any
person intending or knowing it to be likely that such provocation will
cause the offence of rioting to be committed, shall, if the offence of
rioting be committed in consequence of such provocation, be punished
with imprisonment of either description for a term which may extend to
one year, or with fine, or with both, and if the offence of rioting be
not committed, with imprisonment of either description for a term
which may extend to six months, or with fine, or with both.

153A.

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

1*[153A. Promoting enmity between different groups on ground of
religion, race, place of birth, residence, language, etc., and doing
acts prejudicial to maintenance of harmony.–(1) Whoever-

(a) by words, either spoken or written, or by signs or by
visible representations or otherwise, promotes or attempts to
promote, on grounds of religion, race, place of birth, residence,
language, caste or community or any other ground whatsoever,
disharmony or feelings of enmity, hatred or ill-will between
different religious, racials, language or regional groups or
castes or communities, or

(b) commits any act which is prejudicial to the maintenance
of harmony between different religious, racial, language or
regional groups or castes or communities, and which disturbs or
is likely to disturb the public tranquillity, 2*[or]

2*[(c) organizes any exercise, movement, drill or other
similar activity intending that the participants in such activity
shall use or be trained to use criminal force or violence or
knowing it to be likely that the participants in such activity
will use or be trained to use criminal force or violence, or
participates in such activity intending to use or be trained to
use criminal force or violence or knowing it to be likely that
the participants in such activity will use or be trained to use
criminal force or violence, against any religious, racial,
language or regional GROUP or caste or community and such
activity for any reason whatsoever causes or is likely to cause
fear or alarm or a feeling of insecurity amongst members of such
religious, racial, language or regional GROUP or caste or
community,]

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

(2) Offence committed in place of worship, etc.–Whoever commits
an offence specified in sub-section (1) in any place of worship or in
any assembly engaged in the performance of religious worship or
religious ceremonies, shall be punished with imprisonment which may
extend to five years and shall also be liable to fine.]

153B.

Imputations, assertions prejudicial to national integration.

2*[153B. Imputations, assertions prejudicial to national
integration.–(1) Whoever, by words either spoken or written or by
signs or by visible representations or otherwise,-

(a) makes or publishes any imputation that any class of
persons cannot, by reason of their being members of any
religious, racial, language or regional GROUP or caste or
community, bear true faith and allegiance to the Constitution of
India as by law established or uphold the sovereignty and
integrity of India, or

(b) asserts, counsels, advises, propagates or publishes that
any class of persons by reason of their being members of any
religious, racial, language or regional GROUP or caste or
community be denied, or deprived of their rights as citizens of
India, or
———————————————————————-
1. Subs. by Act 35 of 1969, s. 2, for s. 153A.

2. Ins. by Act 31 of 1972, s. 2. ———————————————————————-

134.

(c) makes or publishes and assertion, counsel, plea or
appeal concerning the obligation of any class of persons, by
reason of their being members of any religious, racial, language
or regional GROUP or caste or community, and such assertion,
counsel, plea or appeal causes or is likely to cause disharmony
or feelings of enmity or hatred or ill-will between such members
and other persons,

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

(2) Whoever commits an offence specified in sub-section (1), in
any place of worship or in any assembly engaged in the performance of
religious worship or religious ceremonies, shall be punished with
imprisonment which may extend to five years and shall also be liable
to fine].

154.

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

154. Owner or occupier of land on which an unlawful assembly is
held.–Whenever any unlawful assembly or riot takes place, the owner
or occupier of the land upon which such unlawful assembly is held, or
such riot is committed, and any person HAVING or claiming an interest
in such land, shall be punishable with fine not exceeding one thousand
rupees, if he or his agent or manager, knowing that such offence is
being or has been committed, or HAVING reason to believe it is likely
to be committed, do not give the earliest notice thereof in his or
their power to the principal officer at the nearest police-station,
and do not, in the case of his or their HAVING reason to believe that
it was about to be committed, use all lawful means in his or their
power to prevent it and, in the event of its taking place, do not use
all lawful means in his or their power to disperse or suppress the
riot or unlawful assembly.

155.

Liability of person for whose benefit riot is committed.

155. Liability of person for whose benefit riot is committed.–
Whenever a riot is committed for the benefit or on behalf of any
person who is the owner or occupier of any land respecting which such
riot takes place or who claims any interest in such land, or in the
subject of any dispute which gave rise to the riot, or who has
accepted or derived any benefit therefrom, such person shall be
punishable with fine, if he or his agent or manager, HAVING reason to
believe that such riot was likely to be committed or that the unlawful
assembly by which such riot was committed was likely to be held, shall
not respectively use all lawful means in his or their power to prevent
such assembly or riot FROM taking place, and for suppressing and
dispersing the same.

156.

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

156. Liability of agent of owner or occupier for whose benefit
riot is committed.–Whenever a riot is committed for the benefit or on
behalf of any person who is the owner or occupier of any land
respecting which such riot takes place, or who claims any interest in
such land, or in the subject of any dispute which gave rise to the
riot, or who has accepted or derived any benefit therefrom,

the agent or manager of such person shall be punishable with

fine, if such agent or manager, HAVING reason to believe that such
riot was likely to be committed, or that the unlawful assembly by
which such riot was committed was likely to be held, shall not use all
lawful means in his power to prevent such riot or assembly FROM taking
place and for suppressing and dispersing the same.

157.

Harbouring persons hired for an unlawful assembly.

157. Harbouring persons hired for an unlawful assembly.–Whoever
harbours, receives or assembles, in any house or premises in his
occupation or charge, or under his control any persons knowing that
such persons have been hired, engaged or employed, or are about to be
hired, engaged or employed, to join or become members of an unlawful
assembly, shall be punished with imprisonment of either description
for a term which may extend to six months, or with fine, or with both.

158.

Being hired to take part in an unlawful assembly or riot;

158. Being hired to take part in an unlawful assembly or riot;–
Whoever is engaged, or hired, or offers or attempts to be hired or
engaged, to do or assist in doing any of the acts specified in section
141, shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine, or with both.

135.

or to go armed.

or to go armed.–and whoever, being so engaged or hired as
aforesaid, goes armed, or engages or offers to go armed, with any
deadly weapon or with anything which used as a weapon of offence is
likely to cause death, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both.

159.

Affray.

159. Affray.–When two or more persons, by fighting in a public
place, disturb the public peace, they are said to “commit an affray”.

160.

Punishment for committing affray.

160. Punishment for committing affray.–Whoever commits an
affray, shall be punished with imprisonment of either description for
a term which may extend to one month, or with fine which may extend to
one hundred rupees, or with both.

CHAPTER XOF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

172. Absconding to avoid service of summons or other proceeding.-
Whoever absconds in ORDER to avoid being served with a summons,
notice or ORDER proceeding FROM any public servant legally competent,
as such public servant, to issue such summons, notice or order, 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;

 

or, if the summons or notice or ORDER is to attend in person or
by agent, or to produce a document in a Court of Justice, with simple
imprisonment for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both.

138.

173.

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

173. Preventing service of summons or other proceeding, or
preventing publication thereof.–Whoever in any manner intentionally
prevents the serving on himself, or on any other person, of any
summons, notice or ORDER proceeding FROM any public servant legally
competent, such public servant, to issue such summons, notice or
order,

or intentionally prevents the lawful affixing to any place of any
such summons, notice or order,

or intentionally removes any such summons, notice or ORDER from
any place to which it is lawfully affixed,

or intentionally prevents the lawful making of any proclamation,
under the authority of any public servant legally competent, as such
public servant, to direct such proclamation to be made,

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;

or, if the summons, notice, ORDER or proclamation is to attend in
person or by agent, or to produce a document in a Court of Justice,
with simple imprisonment for a term which may extend to six months, or
with fine which may extend to one thousand rupees, or with both.

174.

Non-attendance in obedience to an ORDER FROM public servant.

174. Non-attendance in obedience to an ORDER FROM public
servant.–Whoever, being legally bound to attend in person or by an
agent at a certain place and time in obedience to a summons, notice,
order, or proclamation proceeding FROM any public servant legally
competent, as such public servant, to issue the same,

intentionally omits to attend at that place or time, or departs
FROM the place where he is bound to attend before the time at which it
is lawful for him to depart,

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;

or, if the summons, notice, ORDER or proclamation is to attend in
person or by agent in a Court of Justice, with simple imprisonment for
a term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both.

Illustrations

(a) A, being legally bound to appear before the 1*[High Court]
at Calcutta, in obedience to a subpoena issuing FROM that Court,
intentionally omits to appear. A has committed the offence defined in
this section.

(b) A, being legally bound to appear before a 2*[District
Judge], as a witness, in obedience to a summons issued by that
2*[District Judge] intentionally omits to appear. A has committed the
offence defined in this section.

175.

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

175. Omission to produce document to public servant by person
legally bound to produce it.–Whoever, being legally bound to produce
or deliver up any document to any public servant, as such,
intentionally omits so to produce or deliver up the same, shall be
punished with simple imprisonment for a term which may extend to one
month, or with fine which may extend to five hundred rupees, or with
both;
———————————————————————-
1. Subs. by the A.O. 1950, for “Supreme Court”.

2. Subs. ibid., for “Zila Judge”.

139.
or, if the document is to be produced or delivered up to a Court
of Justice, with simple imprisonment for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or
with both.

Illustration

A, being legally bound to produce a document before a
1*[District court], intentionally omits to produce the same. A has
committed the offence defined in this section.

176.

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

176. Omission to give notice or information to public servant by
person legally bound to give it.–Whoever, being legally bound to give
any notice or to furnish information on any subject to any public
servant, as such, intentionally omits to give such notice or to
furnish such information in the manner and at the time required by
law, 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;

or, if the notice or information required to be given respects
the commission of an offence, or is required for the purpose of
preventing the commission of an offence, or in ORDER to the
apprehension of an offender, with simple imprisonment for a term which
may extend to six months, or with fine which may extend to one
thousand rupees, or with both;

2*[or, if the notice or information required to be given is
required by an ORDER passed under sub-section (1) of section 565 of
the Code of Criminal Procedure, 1898 (5 of 1898), with imprisonment of
either description for a term which may extend to six months, or with
fine which may extend to one thousand rupees, or with both.]

177.

Furnishing false information.

177. Furnishing false information.–Whoever, being legally bound
to furnish information on any subject to any public servant, as such,
furnishes, as true, information on the subject which he knows or has
reason to believe to be false shall be punished with simple
imprisonment for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both;

or, if the information which he is legally bound to give respects
the commission of an offence, or is required for the purpose of
preventing the commission of an offence, or in ORDER to the
apprehension of an offender, with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.

Illustrations

(a) A, a landholder, knowing of the commission of a murder within
the limits of his estate, wilfully misinforms the Magistrate of the
district that the death has occurred by accident in consequence of the
bite of a snake. A is guilty of the offence defined in this section.

(b) A, a village watchman, knowing that a considerable body of
strangers has passed through his village in ORDER to commit a dacoity
in the house of Z, a wealthy merchant residing in a neighbouring
place, and being bound under clause 5, section VII, 3*Regulation
III, 1821, of the Bengal Code, to give early and punctual information
of the above fact to the officer of the nearest police station,
wilfully misinforms the police officer that a body of suspicious
characters passed through the village with a view to commit dacoity in
a certain distant place in a different direction. Here A is guilty of
the offence defined in the latter part of this section.
———————————————————————-
1. Subs. by the A.O. 1950, for “Zila Court”.

2. Ins. by Act 22 of 1939, s. 2.
3. Rep. by Act 17 of 1862.
140

1*[Explanation.-In section 176 and in this section the word
“offence” includes any act committed at any place out of 2*[India],
which, if committed in 2*[India], would be punishable under any of the
following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396,
397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and the
word “offender” includes any person who is alleged to have been guilty
of any such act.]

178.

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

178. Refusing oath or affirmation when duly required by public
servant to make it.–Whoever refuses to bind himself by an oath 3*[or
affirmation] to state the truth, when required so to bind himself by a
public servant legally competent to require that he shall so bind
himself, shall be punished with simple imprisonment for a term which
may extend to six months, or with fine which may extend to one
thousand rupees, or with both.

179.

Refusing to answer public servant authorized to question.

179. Refusing to answer public servant authorized to question.–
Whoever, being legally bound to state the truth on any subject to any
public servant, refuses to answer any question demanded of him
touching that subject by such public servant in the exercise of the
legal powers of such public servant, shall be punished with simple
imprisonment for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both.

180.

Refusing to sign statement.

180. Refusing to sign statement.–Whoever refuses to sign any
statement made by him, when required to sign that statement by a
public servant legally competent to require that he shall sign that
statement, shall be punished with simple imprisonment for a term which
may extend to three months, or with fine which may extend to five
hundred rupees, or with both.

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

181. False statement on oath or affirmation to public servant or
person authorized to administer an oath or affirmation.–Whoever,
being legally bound by an oath 3*[or affirmation] to state the truth
on any subject to any public servant or other person authorized by law
to administer such oath 3*[or affirmation], makes, to such public
servant or other person as aforesaid, touching that subject, any
statement which is false, and which he either knows or believes to be
false or does not believe to be true, shall be punished with
imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.

182.

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

4*[182. False information, with intent to cause public servant
to use his lawful power to the injury of another person.–Whoever
gives to any public servant any information which he knows or believes
to be false, intending thereby to cause, or knowing it to be likely
that he will thereby cause such public servant-

(a) to do or omit anything which such public servant ought
not to do or omit if the true state of facts respecting which
such information is given were known by him, or

(b) to use the lawful power of such public servant to the
injury or annoyance of any person,

shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
———————————————————————-
1. Ins. by Act 3 of 1894, s. 5.
2. Subs. by Act 3 of 1951, s. 3 and sch. for “the States”.

3. Ins. by Act 10 of 1873, s. 15.
4. Subs. by Act 3 of 1895, s. 1, for the original s. 182.
141.

Illustrations

(a) A informs a Magistrate that Z, a police-officer, subordinate
to such Magistrate, has been guilty of neglect of duty or misconduct,
knowing such information to be false, and knowing it to be likely that
the information will cause the Magistrate to dismiss Z. A has
committed the offence defined in this section.

(b) A falsely informs a public servant that Z has contraband salt
in a secret place, knowing such information to be false, and knowing
that it is likely that the consequence of the information will be a
search of Zs premises, attended with annoyance to Z. A has committed
the offence defined in this section.

(c) A falsely informs a policeman that he has been assaulted and
robbed in the neighbourhood of a particular village. He does not
mention the name of any person as one of his assailants, but knows it
to be likely that in consequence of this information the police will
make enquiries and institute searches in the village to the annoyance
of the villagers or some of them. A has committed an offence under
this section.]

183.

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

183. Resistance to the taking of property by the lawful authority
of a public servant.–Whoever offers any resistance to the taking of
any property by the lawful authority of any public servant, knowing or
HAVING reason to believe that he is such public servant, shall be
punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand
rupees, or with both.

184.

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

184. Obstructing sale of property offered for sale by authority
of public servant.–Whoever intentionally obstructs any sale of
property offered for sale by the lawful authority of any public
servant, as such, shall be punished with imprisonment of either
description for a term which may extend to one month, or with fine
which may extend to five hundred rupees, or with both.

185.

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

185. Illegal purchase or bid for property offered for sale by
authority of public servant.–Whoever, at any sale of property held by
the lawful authority of a public servant, as such, purchases or bids
for any property on account of any person, whether himself or any
other, whom he knows to be under a legal incapacity to purchase that
property at that sale, or bids for such property not intending to
perform the obligations under which he lays himself by such bidding,
shall be punished with imprisonment of either description for a term
which may extend to one month, or with fine which may extend to two
hundred rupees, or with both.

186.

Obstructing public servant in discharge of public functions.

186. Obstructing public servant in discharge of public
functions.–Whoever voluntarily obstructs any public servant in the
discharge of his public functions, shall be punished with imprisonment
of either description for a term which may extend to three months, or
with fine which may extend to five hundred rupees, or with both.

187.

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

187. Omission to assist public servant when bound by law to give
assistance.–Whoever, being bound by law to render or furnish
assistance to any public servant in the execution of his public duty,
intentionally omits to give such assistance, 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;

and if such assistance be demanded of him by a public servant
legally competent to make such demand for the purposes of executing
any process lawfully issued by a Court of Justice, or of preventing
the commission of an offence, or suppressing a riot, or affray, or of
apprehending a person charged with or guilty of an offence, or of
HAVING escaped FROM lawful custody, shall be punished with simple
imprisonment for a term which may extend to six months, or with fine
which may extend to five hundred rupees, or with both.

142.

188.

Disobedience to ORDER duly promulgated by public servant.

188. Disobedience to ORDER duly promulgated by public servant.–
Whoever, knowing that, by an ORDER promulgated by a public servant
lawfully empowered to promulgate such order, he is directed to abstain
FROM a certain act, or to take certain ORDER with certain property in
his possession or under his management. disobeys such direction,

shall, if such disobedience causes or tends to cause obstruction,
annoyance or injury, or risk of obstruction, annoyance or injury, to
any persons lawfully employed, be punished with simple imprisonment
for a term which may extend to one month or with fine which may extend
to two hundred rupees, or with both:

and if such disobedience causes or tends to cause danger to human
life, health or safety, or causes or tends to cause a riot or affray,
shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.

Explanation.-It is not necessary that the offender should intend
to produce harm, or contemplate his disobedience as likely to produce
harm. It is sufficient that he knows of the ORDER which he disobeys,
and that his disobedience produces, or is likely to produce, harm.

Illustration

An ORDER is promulgated by a public servant lawfully empowered to
promulgated such order, directing that a religious procession shall
not pass down a certain street. A knowingly disobeys the order, and
thereby causes danger of riot. A has committed the offence defined in
this section.

189.

Threat of injury to public servant.

189. Threat of injury to public servant.–Whoever holds out any
threat of injury to any public servant, or to any person in whom he
believes that public servant to be interested, for the purpose of
inducing that public servant to do any act, or to forbear or delay to
do any act, connected with the exercise of the public functions of
such public servant, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both.

190.

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

190. Threat of injury to induce person to refrain FROM applying
for protection to public servant.–Whoever holds out any threat of
injury to any person for the purpose of inducing that person to
refrain or desist FROM making a legal application for protection
against any injury to any public servant legally empowered as such to
give such protection, or to cause such protection to be given, shall
be punished with imprisonment of either description for a term which
may extend to one year, or with fine, or with both.

CHAPTER XIOF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

191. Giving false evidence.–Whoever, being legally bound by an
oath or by an express provision of law to state the truth, or being
bound by law to make a declaration upon any subject, makes any
statement which is false, and which he either knows or believes to be
false or does not believe to be true, is said to give false evidence.

 

Explanation 1.-A statement is within the meaning of this section
whether it is made verbally or otherwise.

Explanation 2.-A false statement as to the belief of the person
attesting is within the meaning of this section, and a person may be
guilty of giving false evidence by stating that he believes a thing
which he does not believe, as well as by stating that he knows a thing
which he does not know.

143.

Illustrations

(a) A, in support of a just claim which B has against Z for one
thousand rupees, falsely swears on a trial that he heard Z admit the
justice of Bs claim. A has given false evidence.

(b) A, being bound by an oath to state the truth, states that he
believes a certain signature to be the handwriting of Z, when he does
not believe it to be the handwriting of Z. Here A states that which he
knows to be false, and therefore gives false evidence.

(c) A, knowing the general character of Zs handwriting, states
that he believes a certain signature to be the handwriting of Z; A in
good faith believing it to be so. Here As statement is merely as to
his belief, and is true as to his belief, and therefore, although the
signature may not be the handwriting of Z, A has not given false
evidence.

(d) A, being bound by an oath to state the truth, states that he
knows that Z was at a particular place on a particular day, not
knowing anything upon the subject. A gives false evidence whether Z
was at that place on the day named or not.

(e) A, an interpreter or translator, gives or certifies as a true
interpretation or translation of a statement or document, which he is
bound by oath to interpret or translate truly, that which is not and
which he does not believe to be a true interpretation or translation.
A has given false evidence.

192.

Fabricating false evidence.

192. Fabricating false evidence.–Whoever causes any circumstance
to exist or makes any false entry in any book or record, or makes any
document containing a false statement, intending that such
circumstance, false entry or false statement may appear in evidence in
a judicial proceeding, or in a proceeding taken by law before a public
servant as such, or before an arbitrator, and that such circumstance,
false entry or false statement, so appearing in evidence, may cause
any person who in such proceeding is to form an opinion upon the
evidence, to entertain an erroneous opinion touching any point
material to the result of such proceeding is said “to fabricate false
evidence”.

Illustrations

(a) A puts jewels INTO a box belonging to Z, with the intention
that they may be found in that box, and that this circumstance may
cause Z to be convicted of theft. A has fabricated false evidence.

(b) A makes a false entry in his shop-book for the purpose of
using it as corroborative evidence in a Court of Justice. A has
fabricated false evidence.

(c) A, with the intention of causing Z to be convicted of a
criminal conspiracy, writes a letter in imitation of Zs handwriting,
purporting to be addressed to an accomplice in such criminal
conspiracy, and puts the letter in a place which he knows that the
officers of the police are likely to search. A has fabricated false
evidence.

193.

Punishment for false evidence.

193. Punishment for false evidence.–Whoever intentionally gives
false evidence in any of a judicial proceeding, or fabricates false
evidence for the purpose of being used in any stage of a judicial
proceeding, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable
to fine;

and whoever intentionally gives or fabricates false evidence in
any other case, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also
be liable to fine.

144.

Explanation 1.-A trial before a Court-martial 1****is a judicial
proceeding.

Explanation 2.-An investigation directed by law preliminary to a
proceeding before a Court of Justice, is a stage of a judicial
proceeding, though that investigation may not take place before a
Court of Justice.

Illustration

A, in an enquiry before a Magistrate for the purpose of
ascertaining whether Z ought to be committed for trial, makes on oath
a statement which he knows to be false. As this enquiry is a stage of
a judicial proceeding, A as given false evidence.

Explanation 3.-An investigation directed by a Court of Justice
according to law, and conducted under the authority of a Court of
Justice, is a stage of a judicial proceeding, though that
investigation may not take place before a Court of Justice.

Illustration

A, in an enquiry before an officer deputed by a Court of Justice
to ascertain on the spot the boundaries of land, makes on oath a
statement which he knows to be false. As this enquiry is a stage of a
judicial proceeding, A has given false evidence.

194.

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

194. Giving or fabricating false evidence with intent to procure
conviction of capital offence.–Whoever gives or fabricates false
evidence, intending thereby to cause, or knowing it to be likely that
he will thereby cause, any person to be convicted of an offence which
is capital 2*[by the laws for the time being in force in 3*[India]]
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;

If innocent person be thereby convicted and executed.

If innocent person be thereby conviceted and executed.–and if an
innocent person be convicted and executed in consequence of such false
evidence, the person who gives such false evidence shall be punished
either with death or the punishment hereinbefore described.

195.

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

195. Giving or fabricating false evidence with intent to procure
conviction of offence punishable with imprisonment for life or
imprisonment.–Whoever gives or fabricates false evidence intending
thereby to cause, or knowing it to be likely that he will thereby
cause, any person to be convicted of an offence which 2*[by the law
for the time being in force in 3*[India]] is not capital, but
punishable with 4*[imprisonment for life], or imprisonment for a term
of seven years or upwards, shall be punished as a person convicted of
that offence would be liable to be punished.

Illustration

A gives false evidence before a Court of Justice, intending
thereby to cause Z to be convicted of a dacoity. The punishment of
dacoity is 4*[imprisonment for life], or rigorous imprisonment for
a term which may extend to ten years, with or without fine. A,
therefore, is liable to 5*[imprisonment for life] or imprisonment,
with or without fine.

196.

Using evidence known to be false.

196. Using evidence known to be false.–Whoever corruptly uses or
attempts to use as true or genuine evidence any evidence which he
knows to be false or fabricated, shall be punished in the same manner
as if he gave or fabricated false evidence.
———————————————————————-
1. The words “or before a Military Court of Request” were omitted by
the Cantonments Act, 1889 (13 of 1889).

2. Subs. by the A.O. 1948, for “by the law of British India or
England”.

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”.

5. Subs. by s. 117 and Sch., ibid., for “such transportation”.

145.

197.

Issuing or signing false certificate.

197. Issuing or signing false certificate.–Whoever issues or
signs any certificate required by law to be given or signed, or
relating to any fact of which such certificate is by law admissible in
evidence, knowing or believing that such certificate is false in any
material point, shall be punished in the same manner as if he gave
false evidence.

198.

Using as true a certificate known to be false.

198. Using as true a certificate known to be false.–Whoever
corruptly uses or attempts to use any such certificate as a true
certificate, knowing the same to be false in any material point, shall
be punished in the same manner as if he gave false evidence.

199.

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

199. False statement made in declaration which is by law
receivable as evidence.–Whoever, in any declaration made or
subscribed by him, which declaration any Court of Justice, or any
public servant or other person, is bound or authorized by law to
receive as evidence of any fact, makes any statement which is false,
and which he either knows or believes to be false or does not believe
to be true, touching any point material to the object for which the
declaration is made or used, shall be punished in the same manner as
if he gave false evidence.

200.

Using as true such declaration knowing it to be false.

200. Using as true such declaration knowing it to be flase.–
Whoever corruptly uses or attempts to use as true any such
declaration, knowing the same to be false in any material point, shall
be punished in the same manner as if he gave false evidence.

Explanation.-A declaration which is inadmissible merely upon the
ground of some informality, is a declaration within the meaning of
sections 199 and 200.

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

201. Causing disappearance of evidence of offence, or giving
false information to screen offender.–Whoever, knowing or having
reason to believe that an offence has been committed, causes any
evidence of the commission of that offence to disappear, with the
intention of screening the offender FROM legal punishment, or with
that intention gives any information respecting the offence which he
knows or believes to be false,

if a capital offence;

if a capital offence.–shall, if the offence which he knows or
believes to have been committed is punishable with death, be punished
with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine;

if punishable with imprisonment for life;

if punishable with imprisonment for life.–and if the offence is
punishable with 1*[imprisonment for life], or with imprisonment
which may extend to ten years, shall be punished with imprisonment of
either description for a term which may extend to three years, and
shall also be liable to fine;

if punishable with less than ten years imprisonment.

if punishable with less than ten years imprisonment.–
and if the offence is punishable with imprisonment for any term not
extending to ten years, shall be punished with imprisonment of the
description provided for the offence, for a term which may extend to
one-fourth part of the longest term of the imprisonment provided for
the offence, or with fine, or with both.

Illustration

A, knowing that B has murdered Z, assists B to hide the body with
the intention of screening B FROM punishment. A is liable to
imprisonment of either description for seven years, and also to fine.

202.

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

202. Intentional omission to give information of offence by
person bound to inform.–Whoever, knowing or HAVING reason to believe
that an offence has been committed, intentionally omits to give any
information respecting that offence which he is legally bound to give,
shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine, or with both.
———————————————————————-
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.

146.

203.

Giving false information respecting an offence committed.

203. Giving false information respecting an offence committed.–
Whoever, knowing or HAVING reason to believe that an offence has been
committed, gives any information respecting that offence which he
knows or believes to be false, shall be punished with imprisonment of
either description for a term which may extend to two years, or with
fine, or with both.

1*[Explanation.-In spections 201 and 202 and in this section
the word “offence” includes any act committed at any place out of
2*[India], which, if committed in 2*[India], would be punishable under
any of the following sections, namely, 302, 304, 382, 392, 393, 394,
395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and
460.]

204.

Destruction of document to prevent its production as evidence.

204. Destruction of document to prevent its production as
evidence.–Whoever secrets or destroys any document which he may be
lawfully compelled to produce as evidence in a Court of Justice, or in
any proceeding lawfully held before a public servant, as such, or
obliterates or renders illegible the whole or any part of such
document with the intention of preventing the same FROM being produced
or used as evidence before such Court or public servant as aforesaid,
or after he shall have been lawfully summoned or required to produce
the same for that purpose, shall be punished with imprisonment of
either description for a term which may extend to two years, or with
fine, or with both.

205.

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

205. False personation for purpose of act or proceeding in suit
or prosecution.–Whoever falsely personates another, and in such
assumed character makes any admission or statement, or confesses
judgment, or causes any process to be issued or becomes bail or
security, or does any other act in any suit or criminal prosecution,
shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both.

206.

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

206. Fraudulent removal or concealment of property to prevent its
seizure as forfeited or in execution.–Whoever fraudulently removes,
conceals, transfers or delivers to any person any property or any
interest therein, intending thereby to prevent that property or
interest therein FROM being taken as a forfeiture or in satisfaction
of a fine, under a sentence which has been pronounced, or which he
knows to be likely to be pronounced, by a Court of Justice or other
competent authority, or FROM being taken in execution of a decree or
ORDER which has been made, or which he knows to be likely to be made
by a Court of Justice in a civil suit, shall be punished with
imprisonment of either description for a term which may extend to two
years, or with fine, or with both.

207.

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

207. Fraudulent claim to property to prevent its seizure as
forfeited or in execution.–Whoever fraudulently accepts, receives or
claims any property or any interest therein, knowing that he has no
right or rightful claim to such property or interest, or practices any
deception touching any right to any property or any interest therein,
intending thereby to prevent that property or interest therein from
being taken as a forfeiture or in satisfaction of a fine, under a
sentence which has been pronounced, or which he knows to be likely to
be pronounced by a Court of Justice or other competent authority, or
FROM being taken in execution of a decree or ORDER which has been
made, or which he knows to be likely to be made by a Court of Justice
in a civil suit, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both.
———————————————————————-
1. Ins. by Act 3 of 1894, s. 7.
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.

147.

208.

Fraudulently suffering decree for sum not due.

208. Fraudulently suffering decree for sum not due.–Whoever
fraudulently causes or suffers a decree or ORDER to be passed against
him at the suit of any person for a sum not due or for a larger sum
than is due to such person or for any property or interest in property
to which such person is not entitled, or fraudulently causes or
suffers a decree or ORDER to be executed against him after it has been
satisfied, or for anything in respect of which it has been satisfied,
shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.

Illustration

A institutes a suit against Z. Z, knowing that A is likely to
obtain a decree against him, fraudulently suffers a judgment to pass
against him for a larger amount at the suit of B, who has no just
claim against him, in ORDER that B, either on his own account or for
the benefit of Z, may share in the proceeds of any sale of Zs
property which may be made under As decree. Z has committed an
offence under this section.

209.

Dishonestly making false claim in Court.

209. Dishonesty making false claim in Court.–Whoever
fraudulently or dishonestly, or with intent to injure or annoy any
person, makes in a Court of Justice any claim which he knows to be
false, shall be punished with imprisonment of either description for a
term which may extend to two years, and shall also be liable to fine.

210.

Fraudulently obtaining decree for sum not due.

210. Fraudulently obtaining decree for sum not due.–Whoever
fraudulently obtains a decree or ORDER against any person for a sum
not due, or for a larger sum than is due or for any property or
interest in property to which he is not entitled, or fraudulently
causes a decree or ORDER to be executed against any person after it
has been satisfied or for anything in respect of which it has been
satisfied, or fraudulently suffers or permits any such act to be done
in his name, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.

211.
False charge of offence made with intent to injure.

211. False charge of offence made with intent to injure.–
Whoever, with intent to cause injury to any person, institutes or
causes to be instituted any criminal proceeding against that person,
or falsely charges any person with HAVING committed an offence,
knowing that there is no just or lawful ground for such proceeding or
charge against that person, shall be punished with imprisonment of
either description for a term which may extend to two years, or with
fine, or with both;

and if such criminal proceeding be instituted on a false charge
of an offence punishable with death 1*[imprisonment for life], or
imprisonment for seven years or upwards, shall be punishable with
imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.

212.

Harbouring offender-if a capital offence, if punishable with
imprisonment for life, or with imprisonment.

212. Harbouring offender.–Whenever an offence has been
committed, whoever harbours or conceals a person whom he knows or has
reason to believe to be the offender, with the intention of screening
him FROM legal punishment,

if a capital offence;

if a capital offence;–shall, if the offence is punishable with
death, be punished with imprisonment of either description for a term
which may extend to five years, and shall also be liable to fine;

if punishable with imprisonment for life, or with imprisonment.

if punishable with imprisonment for life, or with imprisonment.–
and if the offence is punishable with 1*[imprisonment for life], or
with imprisonment which may extend to ten years, shall be punished
with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine;

and if the offence is punishable with imprisonment which may
extend to one year, and not to ten years, shall be punished with
imprisonment of the description provided for the offence for a term
which may extend to one-fourth part of the longest term of
imprisonment provided for the offence, or with fine, or with both.
———————————————————————-
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.
———————————————————————-

148.

1*[“Offence” in this section includes any act committed at any
place out of 2*[India], which, if committed in 2*[India], would be
punishable under any of the following sections, namely, 302, 304, 382,
392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457,
458, 459 and 460; and every such act shall, for the purposes of this
section, be deemed to be punishable as if the accused person had been
guilty of it in 2*[India].]

Exception.-This provision shall not extend to any case in which
the harbour or concealment is by the husband or wife of the offender.

Illustration

A, knowing that B has committed dacoity, knowingly conceals B in
ORDER to screen him FROM legal punishment. Here, as B is liable to
3*[imprisonment for life], A is liable to imprisonment of either
description for a term not exceeding three years, and is also liable
to fine.

213.

Taking gift, etc., to screen an offender FROM punishment-if a capital
offence; if punishable with imprisonment for life, or with
imprisonment.

213. Taking gift, etc., to screen an offender FROM punishment–Whoever
accepts or attempts to obtain, or agrees to accept, any gratification
for himself or any other person, or any restitution of property to
himself or any other person, in consideration of his concealing an
offence or of his screening any person FROM legal punishment for any
offence, or of his not proceeding against any person for the purpose
of bringing him to legal punishment,

if a capital offence;

if a capital offence;-shall, if the offence is punishable with
death, be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine;

if punishable with imprisonment for life, or with imprisonment.

if punishable with imprisonment for life, or with imprisonment.–
and if the offence is punishable with 3*[imprisonment for life], or
with imprisonment which may extend to ten years, shall be punished
with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine;

and if the offence is punishable with imprisonment not extending
to ten years, shall be punished with imprisonment of the description
provided for the offence for a term which may extend to one fourth
part of the longest term of imprisonment provided for the offence, or
with fine, or with both.

214.

Offering gift or restoration of property in consideration of screening
offender-if a capital offence; if punishable with imprisonment for
life, or with imprisonment.

214. Offering gift or restoration of property in consideration of
screening offender.–Whoever gives or causes, or offers or agrees to
give or cause, any gratification to any person, or 4*[restores or
causes the restoration of] any property to any person, in
consideration of that persons concealing an offence, or of his
screening any person FROM legal punishment for any offence, or of his
not proceeding against any person for the purpose of bringing him to
legal punishment,

if a capital offence;

if a capital offence;-shall, if the offence is punishable with
death, be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine;

if punishable with imprisonment for life, or with imprisonment.

if punishable with imprisonment for life, or with imprisonment.-
and if the offence is punishable with 3*[imprisonment for life] or
with imprisonment which may extend to ten years, shall be punished
with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine;
———————————————————————-
1. Ins. by Act 3 of 1894, s. 7.
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.

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

4. Subs. by Act 42 of 1953, s. 4 and the Third Sch., for “to restore
or cause the restoration of”.
———————————————————————-

149.
and if the offence is punishable with imprisonment not extending
to ten years, shall be punished with imprisonment of the description
provided for the offence for a term which may extend to one-fourth
part of the longest term of imprisonment provided for the offence, or
with fine, or with both.

1*[Exception.-The provisions of sections 213 and 214 do not
extend to any case in which the offence may lawfully be compounded.]

2* * * * *

215.

Taking gift to help to recover stolen property, etc.

215. Taking gift to help to recover stolen property, etc.–
Whoever takes or agrees or consents to take any gratification under
pretence or on account of helping any person to recover any movable
property of which he shall have been deprived by any offence
punishable under this Code, shall, unless he uses all means in his
power to cause the offender to be apprehended and convicted of the
offence, be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.

216.

Harbouring offender who has escaped FROM custody or whose apprehension
has been ordered-if a capital offence; if punishable with
imprisonment for life, or with imprisonment.

216. Harbouring offender who has escaped FROM custody or whose
apprehension has been ordered.–Whenever any person convicted of or
charged with an offence, being in lawful custody for that offence,
escapes FROM such custody,

or whenever a public servant, in the exercise of the lawful
powers of such public servant, orders a certain person to be
apprehended for an offence, whoever, knowing of such escape or order
for apprehension, harbours or conceals that person with the intention
of preventing him FROM being apprehended, shall be punished in the
manner following, that is to say,

if a capital offence;

if a capital offence;–if the offence for which the person was in
custody or is ordered to be apprehended is punishable with death, he
shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine;

if punishable with imprisonment for life, or with imprisonment.

if punishable with imprisonment for life, or with imprisonment.-
if the offence is punishable with 3*[imprisonment for life] or
imprisonment for ten years, he shall be punished with imprisonment of
either description for a term which may extend to three years, with or
without fine;

and if the offence is punishable with imprisonment which may
extend to one year and not to ten years, he shall be punished with
imprisonment of the description provided for the offence for a term
which may extend to one-fourth part of the longest term of the
imprisonment provided for such offence or with fine, or with both.

4*[“Offence” in this section includes also any act or omission
of which a person is alleged to have been guilty out of 5*[India],
which, if he had been guilty of it in 5*[India], would have been
punishable as an offence, and for which he is, under any law relating
to extradition, 6*or otherwise liable to be apprehended or detained
in custody in 5*[India], and every such act or omission shall, for
the purposes of this section, be deemed to be punishable as if the
accused person had been guilty of it in 5*[India].]

Exception.-The provision does not extend to the case in which
the harbour or concealment is by the husband or wife of the person to
be apprehended.

216A.

Penalty for harbouring robbers or dacoits.

7*[216A. Penalty for harbouring robbers or dacoits.–Whoever,
knowing or HAVING reason to believe that any persons are about to
commit or have recently committed robbery or dacoity,
———————————————————————-
1. Subs. by Act 8 of 1882, s. 6, for the original Exception.
2. Illustration rep. by Act 10 of 1882, s. 2 and Sch. I.
3. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.
4. Ins. by Act 10 of 1886, s. 23. 5. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.
6. The words “or under the Fugitive Offenders Act, 1881” omitted by
s. 3 and Sch., ibid.
7. Ins. by Act 3 of 1894, s. 8. ———————————————————————-

150

harbours them or any of them, with the intention of facilitating the
commission of such robbery or dacoity or of screening them or any of
them FROM punishment, shall be punished with rigorous imprisonment for
a term which may extend to seven years, and shall also be liable to
fine.

Explanation.-For the purposes of this section it is immaterial
whether the robbery or dacoity is intended to be committed, or has
been committed, within or without 1*[India].

Exception.-This provision does not extend to the case in which
the harbour is by the husband or wife of the offender.]

216B.

[Repealed.]

2*[216B. Definition of “harbour” in sections 212, 216 and
216A.] Rep. by the Indian Penal Code (Amendment) Act, 1942 (8 of
1942), s. 3.

217.

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

217. Public servant disobeying direction of law with intent to
save person FROM punishment or property FROM forfeiture.–Whoever,
being a public servant, knowingly disobeys any direction of the law as
to the way in which he is to conduct himself as such public servant,
intending thereby to save, or knowing it to be likely that he will
thereby save, any person FROM legal punishment, or subject him to a
less punishment than that to which he is liable, or with intent to
save, or knowing that he is likely thereby to save, any property from
forfeiture or any charge to which it is liable by law, shall be
punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.

218.

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

218. Public servant framing incorrect record or writing with
intent to save person FROM punishment or property FROM forfeiture.–
Whoever, being a public servant, and being as such public servant,
charged with the preparation of any record or other writing, frames
that record or writing in a manner which he knows to be incorrect,
with intent to cause, or knowing it to be likely that he will thereby
cause, loss or injury to the public or to any person, or with intent
thereby to save, or knowing it to be likely that he will thereby save,
any person FROM legal punishment, or with intent to save, or knowing
that he is likely thereby to save, any property FROM forfeiture or
other charge to which it is liable by law, shall be punished with
imprisonment of either description for a term which may extend to
three years, or with fine, or with both.

219.

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

219. Public servant in judicial proceeding corruptly making
report, etc., contrary to law.–Whoever, being a public servant,
corruptly or maliciously makes or pronounces in any stage of a
judicial proceeding, any report, order, verdict, or decision which he
knows to be contrary to law, shall be punished with imprisonment of
either description for a term which may extend to seven years, or with
fine, or with both.

220.

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

220. Commitment for trial or confinement by person having
authority who knows that he is acting contrary to law.–Whoever, being
in any office which gives him legal authority to commit persons for
trial or to confinement, or to keep persons in confinement, corruptly
or maliciously commits any person for trial or to confinement, or
keeps any person in confinement, in the exercise of that authority,
knowing that in so doing he is acting contrary to law, shall be
punished with imprisonment of either description for a term which may
extend to seven years, or with fine, or with both.

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

221. Intentional omission to apprehend on the part of public
servant bound to apprehend.–Whoever, being a pubic servant, legally
bound as such public servant to apprehend or to keep in confinement
any person charged with or liable to be apprehended for an offence,
intentionally omits to apprehend such person, or intentionally suffers
such person to escape, or intentionally aids such person in escaping
or attempting to escape FROM such confinement, shall be punished as
follows, that is to say:-

with imprisonment of either description for a term which may
extend to seven years, with or without fine, if the person in
confinement, or who ought to have been apprehended, was charged with,
or liable to be apprehended for, an offence punishable with death; or
———————————————————————-
1. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.

2. Ins. by Act 3 of 1894, s. 8. ———————————————————————-

151.
with imprisonment of either description for a term which may
extend to three years, with or without fine, if the person in
confinement, or who ought to have been apprehended, was charged with,
or liable to be apprehended for, an offence punishable with
1*[imprisonment for life] or imprisonment for a term which may extend
to ten years; or

with imprisonment of either description for a term which may
extend to two years, with or without fine, if the person in
confinement, or who ought to have been apprehended, was charged with,
or liable to be apprehended for, an offence punishable with
imprisonment for a term less than ten years.

222.

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

222. Intentional omission to apprehend on the part of public
servant bound to apprehend person under sentence or lawfully
committed.–Whoever, being a public servant, legally bound as such
public servant to apprehend or to keep in confinement any person under
sentence of a Court of Justice for any offence 2*[or lawfully
committed to custody], intentionally omits to apprehend such person,
or intentionally suffers such person to escape or intentionally aids
such person in escaping or attempting to escape FROM such confinement,
shall be punished as follows, that is to say:-

with 1*[imprisonment for life] or with imprisonment of either
description for a term which may extend to fourteen years, with or
without fine, if the person in confinement, or who ought to have been
apprehended, is under sentence of death; or

with imprisonment of either description for a term which may
extend to seven years, with or without fine, if the person in
confinement, or who, ought to have been apprehended, is subject, by a
sentence of a Court of Justice, or by virtue of a commutation of such
sentence, to 1*[imprisonment for life] 3*** 4*** 5*** 6*** or
imprisonment for a term of ten years or upwards; or

with imprisonment of either description for a term which may
extend to three years, or with fine, or with both, if the person in
confinement, or who ought to have been apprehended is subject, by a
sentence of a Court of Justice, to imprisonment for a term not
extending to ten years 2*[or if the person was lawfully committed to
custody].

223.

Escape FROM confinement or custody negligently suffered by public
servant.

223. Escape FROM confinement or custody negligently suffered by
public servant.–Whoever, being a public servant legally bound as such
public servant to keep in confinement any person charged with or
convicted of any offence 2*[or lawfully committed to custody],
negligently suffers such person to escape FROM confinement, shall be
punished with simple imprisonment for a term which may extend to two
years, or with fine, or with both.

224.

Resistance or obstruction by a person to his lawful apprehension.

224. Resistance or obstruction by a person to his lawful
apprehension.–Whoever intentionally offers any resistance or illegal
obstruction to the lawful apprehension of himself for any offence with
which he is charged or of which he has been convicted, or escapes or
attempts to escape FROM any custody in which he is lawfully detained
for any such offence, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both.

Explanation.-The punishment in this section is in addition to the
punishment for which the person to be apprehended or detained in
custody was liable for the offence with which he was charged, or of
which he was convicted.
———————————————————————-
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.

2. Ins. by Act 27 of 1870, s. 8. 3. The words “or penal servitude for life” omitted by Act 17 of
1949, s. 2. 4. The words “or to” omitted by Act 36 of 1957, s. 3 and Sch. II.
5. The word “transportation” omitted by Act 26 of 1955, s. 117 and
Sch.
6. The words “or penal servitude” omitted by Act 17 of 1949, s. 2. ———————————————————————-

152.

225.

Resistance or obstruction to lawful apprehension of another person.

225. Resistance or obstruction to lawful apprehension of another
person.–Whoever intentionally offers any resistance or illegal
obstruction to the lawful apprehension of any other person for an
offence, or rescues or attempts to rescue any other person FROM any
custody in which that person is lawfully detained for an offence,
shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both;

or, if the person to be apprehended, or the person rescued or
attempted to be rescued, is charged with or liable to be apprehended
for an offence punishable with 1*[imprisonment for life] or
imprisonment for a term which may extend to ten years, shall be
punished with imprisonment of either description for a term which may
extend to three years, and shall also be liable to fine;

or, if the person to be apprehended or rescued, or attempted to
be rescued, is charged with or liable to be apprehended for an offence
punishable with death, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also
be liable to fine;

or, if the person to be apprehended or rescued, or attempted to
be rescued, is liable under the sentence of a Court of Justice, or by
virtue of a commutation of such a sentence, to 1*[imprisonment for
life], 2*** 3*** 4*** or imprisonment, for a term of ten years or
upwards, shall be punished with imprisonment of either description for
a term which may extend to seven years, and shall also be liable to
fine;

or, if the person to be apprehended or rescued, or attempted to
be rescued, is under sentence of death, shall be punished with
1[imprisonment for life] or imprisonment of either description for a
term not exceeding ten years, and shall also be liable to fine.

225A.

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

5*[225A. Omission to apprehend, or sufferance of escape, on
part of public servant, in cases not otherwise, provided for.–
Whoever, being a public servant legally bound as such public servant
to apprehend, or to keep in confinement, any person in any case not
provided for in section 221, section 222 or section 223, or in any
other law for the time being in force, omits to apprehend that person
or suffers him to escape FROM confinement, shall be punished-

(a) if he does so intentionally, with imprisonment of either
description for a term which may extend to three years, or with
fine or with both; and

(b) if he does so negligently, with simple imprisonment for
a term which may extend to two years, or with fine, or with both.

225B.

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

225B. Resistance or obstruction to lawful apprehension, or escape
or rescue in cases not otherwise provided for.–Whoever, in any case
not provided for in section 224 or section 225 or in any other law for
the time being in force, intentionally offers any resistance or
illegal obstruction to the lawful apprehension of himself or of any
other person, or escapes or attempts to escape FROM any custody in
which he is lawfully detained, or rescues or attempts to rescue any
other person FROM any custody in which that person is lawfully
detained, shall be punished with imprisonment of either description
for a term which may extend to six months, or with fine, or with
both.]
———————————————————————-
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.
2. The words “or to” omitted by Act 36 of 1957, s. 3 and Sch. II.
3. The word “transportation” omitted by Act 26 of 1955, s. 117 and
Sch.
4. The words “penal servitude” rep. by Act 17 of 1949, s. 2. 5. Ss. 225A and 225B were subs. by Act 10 of 1886, s. 24(1), for s.
225A, which had been ins. by Act 27 of 1870, s.9. ———————————————————————-

153.

226.

[Repealed.]

226. [Unlawful return FROM transportation.] Rep. by the Code of
Criminal Procedure (Amendment) Act, 1955 (26 of 1955), s. 117 and Sch.

227.

Violation of condition of remission of punishment.

227. Violation of condition of remission of punishment.–Whoever,
HAVING accepted any conditional remission of punishment, knowingly
violates any condition on which such remission was granted, shall be
punished with the punishment to which he was originally sentenced, if
he has already suffered no part of that punishment, and if he has
suffered any part of that punishment, then with so much of that
punishment as he has not already suffered.

228.

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

228. Intentional insult or interruption to public servant sitting
in judicial proceeding.–Whoever intentionally offers any insult, or
causes any interruption to any public servant, while such public
servant is sitting in any stage of a judicial proceeding, shall be
punished with simple imprisonment for a term which may extend to six
months, or with fine which may extend to one thousand rupees, or with
both.

228A.

Disclosure of identity of the victim of certain offences, etc.

1*[228A. Disclosure of identity of the victim of certain
offences, etc.–(1) Whoever prints or publishes the name or any matter
which may make known the identity of any person against whom an
offence under section 376, section 376A, section 376B, section 376C or
section 376D is alleged or found to have been committed (hereafter in
this section referred to as the victim) shall be punished with
imprisonment of either description for a term which may extend to two
years and shall also be liable to fine.

(2) Nothing in sub-section (1) extends to any printing or
publication of the name or any matter which may make known the
identity of the victim if such printing or publication is-

(a) by or under the ORDER in writing of the officer-in-
charge of the police station or the police officer making the
investigation INTO such offence acting in good faith for the
purposes of such investigation; or

(b) by, or with the authorisation in writing of, the victim;
or

(c) where the victim is dead or minor or of unsound mind,
by, or with the authorisation in writing of, the next-of-kin of
the victim:

Provided that no such authorisation shall be given by the next-
of-kin to anybody other than the chairman or the secretary, by
whatever name called, of any recognised welfare institution or
organisation.

Explanation.-For the purposes of this sub-section, “recognised
welfare institution or organisation” means a social welfare
institution or organisation recognised in this behalf by the Central
or State Government.

(3) Whoever prints or publishes any matter in relation to any
proceeding before a court with respect to an offence referred to in
sub-section (1) without the previous permission of such court shall be
punished with imprisonment of either description for a term which may
extend to two years and shall also be liable to fine.

Explanation.-The printing or publication of the judgment of any
High Court or the Supreme Court does not amount to an offence within
the meaning of this section.]

229.

Personation of a juror or assessor.

229. Personation of a juror or assessor.–Whoever, by personation
or otherwise, shall intentionally cause, or knowingly suffer himself
to be returned, empanelled or sworn as a juryman or assessor in any
case in which he knows that he is not entitled by law to be so
returned, empanelled or sworn, or knowing himself to have been so
returned, empanelled or sworn contrary to law, shall voluntarily serve
on such jury or as such assessor, shall be punished with imprisonment
of either description for a term which may extend to two years, or
with fine, or with both.
———————————————————————-

CHAPTER XIIOF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

 

230. “Coin” defined.–1*[Coin is metal used for the time being
as money, and stamped and issued by the authority of some State or
Sovereign Power in ORDER to be so used.]

Indian coin

Indian coin–2*[Indian coin is metal stamped and issued by the
authority of the Government of India in ORDER to be used as money; and
metal which has been so stamped and issued shall continue to be Indian
coin for the purposes of this Chapter, notwithstanding that it may
have ceased to be used as money.]

Illustrations

(a) Cowries are not coin.

(b) Lumps of unstamped copper, though used as money, are not
coin.

(c) Medals are not coin, inasmuch as they are not intended to be
used as money.

(d) The coin denominated as the Companys rupee is 3[Indian
coin].

4*(e)The “Farukhabad rupee”, which was formerly used as
money under the authority of the Government of India, is
3[Indian coin] although it is no longer so used.]

231.
Counterfeiting coin.

231. Counterfeiting coin.–Whoever counterfeits or knowingly
performs any part of the process of counterfeiting coin, shall be
punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.

Explanation.-A person commits this offence who intending to
practise deception, or knowing it to be likely that deception will
thereby be practised, causes a genuine coin to appear like a different
coin.
 

 

232.

Counterfeiting Indian coin.

232. Counterfeiting Indian coin.–Whoever counterfeits, or
knowingly performs any part of the process of counterfeiting
3*[Indian coin], shall be punished with 5*[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.

233.

Making or selling instrument for counterfeiting coin.

233. Making or selling instrument for counterfeiting coin.–
Whoever makes or mends, or performs any part of the process of making
or mending, or buys, sells or disposes of, any die or instrument, for
the purpose of being used, or knowing or HAVING reason to believe that
it is intended to be used, for the purpose of counterfeiting coin,
shall be punished with imprisonment of either description for a term
which may extended to three years, and shall also be liable to fine.

234.

Making or selling instrument for counterfeiting Indian coin.

234. Making or selling instrument for counterfeiting Indian
coin.–Whoever makes or mends, or performs any part of the process of
making or mending or buys, sells or disposes of, any die or
instrument, for the purpose of being used, or knowing or HAVING reason
to believe that it is intended to be used, for the purpose of
counterfeiting 3[Indian coin], shall be punished with imprisonment of
either description for a term which may extend to seven years, and
shall also be liable to fine.

———————————————————————-
1. Subs. by Act 19 of 1872, s. 1, for the original paragraph.
2. Subs. by the A.O. 1950, for the former paragraph.
3. Subs., ibid., for “the Queens coin”.
4. Ins. by Act 6 of 1896, s. 1(2).
5. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.
———————————————————————-

155.

235.

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

235. Possession of instrument or material for the purpose of
using the same for counterfeiting coin.–Whoever is in possession of
any instrument or material, for the purpose of using the same for
counterfeiting coin, or knowing or HAVING reason to believe that the
same is intended to be used for that purpose, shall be punished with
imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine;

if Indian coin.

if Indian coin.–and if the coin to be counterfeited is
1*[Indian coin], shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also
be liable to fine.

236.

Abetting in India the counterfeiting out of India of coin.

236. Abetting in India the counterfeiting out of India of coin.–
Whoever, being within 2*[India] abets the counterfeiting of coin
out of 2*[India] shall be punished in the same manner as if he abetted
the counterfeiting of such coin within 2*[India].

237.

Import or export of counterfeit coin.

237. Import or export of counterfeit coin.–Whoever imports into
2*[India], or exports therefrom, any counterfeit coin, knowingly or
HAVING reason to believe that the same is counterfeit, shall be
punished with imprisonment of either description for a term which may
extend to three years, and shall also be liable to fine.

238.

Import or export of counterfeits of the Indian coin.

238. Import or export of counterfeits of the Indian coin.–
Whoever imports INTO 2*[India], or exports therefrom, any
counterfeit coin, which he knows or has reason to believe to be a
counterfeit of 1*[Indian coin], shall be punished with
3*[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.

239.

Delivery of coin possessed with knowledge that it is counterfeit.

239. Delivery of coin possessed with knowledge that it is
counterfeit.–Whoever, HAVING any counterfeit coin, which at the time
when he became possessed of it, he knew to be counterfeit,
fraudulently or with intent that fraud may be committed, delivers the
same to any persons or attempts to induce any person to receive it,
shall be punished with imprisonment of either description for a term
which may extend to five years, and shall also be liable to fine.

240.

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

240. Delivery of Indian coin, possessed with knowledge that it is
counterfeit.–Whoever HAVING any counterfeit coin, which is a
counterfeit of 1*[Indian coin], and which, at the time when he became
possessed of it, he knew to be a counterfeit of 1*[Indian coin],
fraudulently or with intent that fraud may be committed, delivers the
same to any person, or attempts to induce any person to receive it,
shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.

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

241. Delivery of coin as genuine, which, when first possessed,
the deliverer did not know to be counterfeit.–Whoever delivers to any
other person as genuine, or attempts to induce any other person to
receive as genuine, any counterfeit coin which he knows to be
counterfeit, but which he did not know to be counterfeit at the time
when he took it INTO his possession, shall be punished with
imprisonment of either description for a term which may extend to two
years, or with fine to an amount which may extend to ten times the
value of the coin counterfeited, or with both.
———————————————————————-
1. Subs. by the A.O. 1950, for “the Queens coin”.

2. Subs. by Act 3 of 1951 s. 3 and Sch., for “the States”.

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

156.

Illustration

A, a coiner, delivers counterfeit Companys rupees to his
accomplice B, for the purpose of uttering them. B sells the rupees to
C, another utterer, who buys them knowing them to be counterfeit. C
pays away the rupees for goods to D, who receives them, not knowing
them to be counterfeit. D, after receiving the rupees, discovers that
they are counterfeit and pays them away as if they were good. Here D
is punishable only under this section, but B and C are punishable
under section 239 or 240, as the case may be.

242.

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

242. Possession of counterfeit coin by person who knew it to be
counterfeit when he became possessed thereof.–Whoever, fraudulently
or with intent that fraud may be committed, is in possession of
counterfeit coin, HAVING known at the time when he became possessed
thereof that such coin was counterfeit, shall be punished with
imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.

243.

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

243. Possession of Indian coin by person who knew it to be
counterfeit when he became possessed thereof.–Whoever, fraudulently
or with intent that fraud may be committed, is in possession of
counterfeit coin, which is a counterfeit of 1*[Indian coin], having
known at the time when he became possessed of it that it was
counterfeit, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable
to fine.

244.

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

244. Person employed in mint causing coin to be of different
weight or composition FROM that fixed by law.–Whoever, being employed
in any mint lawfully established in 2*[India], does any act, or omits
what he is legally bound to do, with the intention of causing any coin
issued FROM that mint to be of a different weight or composition from
the weight or composition fixed by law, shall be punished with
imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.

245.

Unlawfully taking coining instrument FROM mint.

245. Unlawfully taking coining instrument FROM mint.–Whoever,
without lawful authority, takes out of any mint, lawfully established
in 2[India], any coining tool or instrument, shall be punished with
imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.

246.

Fraudulently or dishonestly diminishing weight or altering composition
of coin.

246. Fraudulently or dishonestly diminishing weight or altering
composition of coin.–Whoever, fraudulently or dishonestly performs on
any coin any operation which diminishes the weight or alters the
composition of that coin, shall be punished with imprisonment of
either description for a term which may extend to three years, and
shall also be liable to fine.

Explanation.-A person who scoops out part of the coin and puts
anything else INTO the cavity alters the composition of the coin.

247.

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

247. Fraudulently or dishonestly diminishing weight or altering
composition of Indian coin.–Whoever fraudulently or dishonestly
performs on 3*[any Indian coin] any operation which diminishes the
weight or alters the composition of that coin, shall be punished with
imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.
———————————————————————-
1. Subs. by the A. O. 1950, for “the Queens coin”.

2. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.

3. Subs. by the A. O. 1950, for “any of the Queens coin”.
———————————————————————-

157.

248.

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

248. Altering appearance of coin with intent that it shall pass
as coin of different description.–Whoever performs on any coin any
operation which alters the appearance of that coin, with the intention
that the said coin shall pass as a coin of a different description,
shall be punished with imprisonment of either description for a term
which may extend to three years, and shall also be liable to fine.

249.

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

249. Altering appearance of Indian coin with intent that it shall
pass as coin of different description.–Whoever performs on 1*[any
Indian coin] any operation which alters the appearance of that coin,
with the intention that the said coin shall pass as a coin of a
different description, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also
be liable to fine.

250.

Delivery of coin possessed with knowledge that it is altered.

250. Delivery of coin possessed with knowledge that it is
altered.–Whoever, HAVING coin in his possession with respect to which
the offence defined in section 246 or 248 has been committed, and
HAVING known at the time when he became possessed of such coin that
such offence had been committed with respect to it, fraudulently or
with intent that fraud may be committed, delivers such coin to any
other person, or attempts to induce any other person to receive the
same, shall be punished with imprisonment of either description for a
term which may extend to five years, and shall also be liable to fine.

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

251. Delivery of Indian coin, possessed with knowledge that it is
altered.–Whoever, HAVING coin in his possession with respect to which
the offence defined in section 247 or 249 has been committed, and
HAVING known at the time when he became possessed of such coin that
such offence had been committed with respect to it, fraudulently or
with intent that fraud may be committed, delivers such coin to any
other person, or attempts to induce any other person to receive the
same, shall be punished with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.

252.

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

252. Possession of coin by person who knew it to be altered when
he became possessed thereof.–Whoever fraudulently or with intent that
fraud may be committed, is in possession of coin with respect to which
the offence defined in either of the sections 246 or 248 has been
committed HAVING known at the time of becoming possessed thereof that
such offence had been committed with respect to such coin, shall be
punished with imprisonment of either description for a term which may
extend to three years, and shall also be liable to fine.

253.

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

253. Possession of Indian coin by person who knew it to be
altered when he became possessed thereof.–Whoever fraudulently or
with intent that fraud may be committed, is in possession of coin with
respect to which the offence defined in either of the sections 247 or
249 has been committed HAVING known at the time of becoming possessed
thereof, that such offence had been committed with respect to such
coin, shall be punished with imprisonment of either description for a
term which may extend to five years, and shall also be liable to fine.

254.

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

254. Delivery of coin as genuine which, when first possessed, the
deliverer did not know to be altered.–Whoever delivers to any other
person as genuine or as a coin of a different description FROM what it
is, or attempts to induce any person to receive as genuine, or as a
different coin FROM what it is, any coin in respect of which he knows
that any such operation as that mentioned in sections 246, 247, 248 or
249 has been performed, but in respect of which he did not, at the
time when he took it INTO his possession, know that such operation had
been performed, shall be punished with imprisonment of either
description for a term which may extend to two
———————————————————————-
1. Subs. by the A. O. 1950, for “any of the Queens coin”.
———————————————————————-

158.
years or with fine to an amount which may extend to ten times the
value of the coin for which the altered coin is passed, or attempted
to be passed.

255.

Counterfeiting Government stamp.

255. Counterfeiting Government stamp.–Whoever counterfeits, or
knowingly performs any part of the process of counterfeiting, any
stamp issued by Government for the purpose of revenue shall be
punished with 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.-A person commits this offence who counterfeits by
causing a genuine stamps of one denomination to appear like a genuine
stamp of a different denomination.

256.

HAVING possession of instrument or material for counterfeiting
Government stamp.

256. HAVING possession of instrument or material for
counterfeiting Government stamp.–Whoever has in his possession any
instrument or material for the purpose of being used, or knowing or
HAVING reason to believe that it is intended to be used, for the
purpose of counterfeiting any stamp issued by Government for the
purpose of revenue, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also
be liable to fine.

257.

Making or selling instrument for counterfeiting Government stamp.

257. Making or selling instrument for counterfeiting Government
stamp.–Whoever makes or performs any part of the process of making,
or buys, or sells, or disposes of, any instrument for the purpose of
being used, or knowing or HAVING reason to believe that it is intended
to be used, for the purpose of counterfeiting any stamp issued by
Government for the purpose of revenue, shall be punished with
imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.

258.

Sale of counterfeit Government stamp.

258. Sale of counterfeit Government stamp.–Whoever sells, or
offers for sale, any stamp which he knows or has reason to believe to
be a counterfeit of any stamp issued by Government for the purpose of
revenue, shall be punished with imprisonment of either description for
a term which may extend to seven years, and shall also be liable to
fine.

259.

HAVING possession of counterfeit Government stamp.

259. HAVING possession of counterfeit Government stamp.–Whoever
has in his possession any stamp which he knows to be a counterfeit of
any stamp issued by Government for the purpose of revenue, intending
to use, or dispose of the same as a genuine stamp, or in ORDER that it
may be used as a genuine stamp, shall be punished with imprisonment of
either description for a term which may extend to seven years, and
shall also be liable to fine.

260.

Using as genuine a Government stamp known to be counterfeit.

260. Using as genuine a Government stamp known to be
counterfeit.–Whoever uses as genuine any stamp, knowing it to be a
counterfeit of any stamp issued by Government for the purpose of
revenue, shall be punished with imprisonment of either description for
a term which may extend to seven years, or with fine, or with both.

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

261. Effacing writing FROM substance bearing Government stamp, or
removing FROM document a stamp used for it, with intent to cause loss
to Government.–Whoever, fraudulently or with intent to cause loss to
the Government, removes or effaces FROM any substance, bearing any
stamp issued by Government for the purpose of revenue, any writing or
document for which such stamp has been used, or removes FROM any
writing or document a stamp which has been used for such writing or
document, in ORDER that such stamp may be used for a different writing
or document, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with
both.
———————————————————————-
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.
———————————————————————-

159.

262.

Using Government stamp known to have been before used.

262. Using Government stamp known to have been before used.–
Whoever, fraudulently or with intent to cause loss to the Government,
uses for any purpose a stamp issued by Government for the purpose of
revenue, which he knows to have been before used, shall be punished
with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.

263.

Erasure of mark denoting that stamp has been used.

263. Erasure of mark denoting that stamp has been used.–Whoever,
fraudulently or with intent to cause loss to Government, erases or
removes FROM a stamp issued by Government for the purpose of revenue,
any mark, put or impressed upon such stamp for the purpose of denoting
that the same has been used, or knowingly has in his possession or
sells or disposes of any such stamp FROM which such mark has been
erased or removed, or sells or disposes of any such stamp which he
knows to have been used, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine,
or with both.

263A.

Prohibition of fictitious stamps.

1*[263A. Prohibition of fictitious stamps.–(1) Whoever-

(a) makes, knowingly utters, deals in or sells any
fictitious stamp, or knowingly uses for any postal purpose any
fictitious stamp, or

(b) has in his possession, without lawful excuse, any
fictitious stamp, or

(c) makes or, without lawful excuse, has in his possession
any die, plate, instrument or materials for making any fictitious
stamp,

shall be punished with fine which may extend to two hundred rupees.

(2) Any such stamp, die, plate, instrument or materials in the
possession of any person for making any fictitious stamp 2*[may be
seized and, if seized] shall be forfeited.

(3) In this section “fictitious stamp” means any stamp falsely
purporting to be issued by Government for the purpose of denoting a
rate of postage, or any facsimile or imitation or representation,
whether on paper or otherwise, of any stamp issued by Government for
that purpose.

(4) In this section and also in sections 255 to 263, both
inclusive, the word “Government”, when used in connection with, or in
reference to, any stamp issued for the purpose of denoting a rate of
postage, shall, notwithstanding anything in section 17, be deemed to
include the person or persons authorized by law to administer
executive Government in any part of India, and also in any part of Her
Majestys dominions or in any foreign country.]

CHAPTER XIIIOF OFFENCES RELATING TO WEIGHTS AND MEASURES

264. Fraudulent use of false instrument for weighing.–Whoever,
fraudulently uses any instrument for weighing which he knows to be
false, shall be punished with imprisonment of either description for a
term which may extend to one year, or with fine, or with both.

 

265.

Fraudulent use of false weight or measure.

265. Fraudulent use of false weight or measure.–Whoever,
fraudulently uses any false weight or false measure of length or
capacity, or fraudulently uses any weight or any measure of length or
capacity as a different weight or measure FROM what it is, shall be
punished with imprisonment of either description for a term which may
extend to one year, or with fine, or with both.
———————————————————————-
1. S. 263A ins. by Act 3 of 1895, s. 2.
2. Subs. by Act 42 of 1953, s. 4 and the Third Sch., for “may be
seized and”.
———————————————————————-

160

266.

Being in possession of false weight or measure.

266. Being in possession of false weight or measure.–Whoever is
in possession of any instrument for weighing, or of any weight, or of
any measure of length or capacity, which he knows to be false, 1****
intending that the same may be fraudulently used, shall be punished
with imprisonment of either description for a term which may extend to
one year, or with fine, or with both.

267.

Making or selling false weight or measure.

267. Making or selling false weight or measure.–Whoever makes,
sells or disposes of any instrument for weighing, or any weight, or
any measure of length or capacity which he knows to be false, in order
that the same may be used as true, or knowing that the same is likely
to be used as true, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or
with both.

CHAPTER XIXOF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE

490. [Preach of contract of service during voyage or journey.]
Rep. by the Workmens Breach of Contract (Repealing) Act, 1925 (3 of
1925), s. 2 and Sch.

 

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

491. Breach of contract to attend on and supply wants of helpless
person.–Whoever, being bound by a lawful contract to attend on or to
supply the wants of any person who, by reason of youth, or of
unsoundness of mind, or of a disease or bodily weakness, is helpless
or incapable of providing for his own safety or of supplying his own
wants, voluntarily omits so to do, shall be punished with imprisonment
of either description for a term which may extend to three months, or
with fine which may extend to two hundred rupees, or with both.

492.

492. [Breach of contract to serve at distant place to which
servant is conveyed at masters expense.] Rep. by the Workmens Breach
of Contract (Repealing) Act, 1925 (3 of 1925), s. 2 and Sch.