THE INDIAN PENAL CODE, 1860[part 1]

CHAPTER IINTRODUCTION

 

Preamble.-WHEREAS it is expedient to provide a general Penal Code
for 2*[India];

It is enacted as follows:–

1.
Title and extent of operation of the Code.

1. Title and extent of operation of the Code.–This Act shall be
called the Indian Penal Code, and shall 3*[extend to the whole of
India 4*[except the State of Jammu and Kashmir]].

2.

Punishment of offences committed within India.

2. Punishment of offences committed within India.–Every person
shall be liable to punishment under this Code and not otherwise for
every act or omission contrary to the provisions thereof, of which he
shall be guilty within 5*[India] 6****.

3.

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

3. Punishment of offences committed beyond, but which by law may
be tried within, India.–Any person liable, by any 7*[Indian law],
to be tried for an offence committed beyond 5*[India] shall be
dealt with according to the provisions of this Code for any act
committed beyond 5*[India] in the same manner as if such act had
been committed within 5*[India].

4.

Extension of Code to extra-territorial offences.

8*[4. Extension of Code to extra-territorial offences.–The
provisions of this Code apply also to any offence committed by–

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

(2) any person on any ship or aircraft registered in India
wherever it may be.]
———————————————————————-
1. The Act has been amended in its application to Madras by
Madras Act 25 of 1960, U. P. by U. P. Acts 31 of 1961, 29 of 1970
and 47 of 1975, Andhra Pradesh by Andhra Pradesh Act 16 of 1968,
Maharashtra by Maharashtra Act 19 of 1971, Mysore by Mysore Act 8. of 1972, West Bengal by West Bengal Act 42 of 1973.
The Act has been extended to Goa, Daman and Diu with
modifications by Reg. 12 of 1962, s. 3 and Sch., extended to and
brought INTO force in Dadra and Nagar Haveli by Reg. 6 of 1963,
s. 2 and Sch. I (w.e.f. 1-7-1965) and to Laccadive, Minicoy and
Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch. (w.e.f. 1-10-
1967).

The Act comes INTO force in Pondicherry vide Reg. 7 of 1963,
s. 3 and Sch. I (w.e.f. 1-10-1963).

2. Subs. by Act 3 of 1951, s. 3 and Sch., for “the whole of
India except Part B States”.

3. Subs. by the A. O. 1948, for “take effect * * * throughout
British India”. The words and figures “on and FROM the first day
of May, 1861” occurring between the words “effect” and
“throughout” were rep. by Act 12 of 1891. 4. Subs. by Act 3 of 1951, s. 3 and Sch., for “except Part B
States”.

5. Subs. by s. 3 and Sch., ibid., for “the States”.

6. The words and figures “on or after the said first day of May,
1861” omitted by Act 12 of 1891. 7. Subs. by the A. O. 1937, for “law passed by the Governor-General
of India in Council”.

8. Subs. by Act 4 of 1898, s. 2, for the original s. 4.
9. Subs. by the A. O. 1950, for the original cls. (1) to (4).

102.

Explanation.

Explanation.–In this section the word “offence” includes every
act committed outside 1*[India] which, if committed in 1*[India] would
be punishable under this Code.

2*[Illustration]

3***A, 4*[who is 5*[a citizen of India]], commits a murder in
Uganda. He can be tried and convicted of murder in any place in
1*[India] in which he may be found.

6* * * * *

5.

Certain laws not to be affected by this Act.

7*[5. Certain laws not to be affected by this Act.–Nothing in
this Act shall affect the provisions of any Act for punishing mutiny
and desertion of officers, soldiers, sailors or airmen in the service
of the Government of India or the provision of any special or local
law.]

CHAPTER IIGENERAL EXPLANATIONS

 

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

Illustrations

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

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

7.

Sense of expression once explained.

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

8.

Gender.

8. Gender.–The pronoun “he” and its derivatives are used of any
person, whether male or female.

9.

Number.

9. Number.–Unless the contrary appears FROM the context, words
importing the singular number include the plural number, and words
importing the plural number include the singular number.

10.

“Man”. “Woman”.

10. “Man”. “Woman”.–The word “man” denotes a male human being of
any age; the word “woman” denotes a female human being of any age.
———————————————————————-
1. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.

2. Subs. by Act 36 of 1957, s.3 and Sch. II, for “Illustrations”.

3. The brackets and letter `6(a) omitted by s. 3 and Sch. II, ibid.

4. Subs. by the A. O. 1948, for “a coolie, who is a Native Indian
subject”.

5. Subs. by the A. O. 1950, for “a British subject of Indian
domicile”.

6. Illustrations (b), (c) and (d) were rep. by the A. O. 1950.

7. Subs., ibid., for the former s. 5.
103.

11.
“Person”.

11. “Person”.–The word “person” includes any Company or
Association or body of persons, whether incorporated or not.

12.

“Public”.

12. “Public”.–The word “public” includes any class of the public
or any community.

13.

[Definition of “Queen”.] Rep. by the A. O. 1950.

14.

“Servant of Government”.

1*[14. “Servant of Government”.–The words “servant of
Government” denote any officer or servant continued, appointed or
employed in India by or under the authority of Government.]

15.

[Definition of “British India”.] Rep. by the A. O. 1937.

16.

Definition of “Government of India”.] Rep., ibid.

17.

“Government”.

2*[17 “Government”.–The word “Government” denotes the Central
Government or the Government of a 3****State.]

18.

“India”.

4*[18. “India”.–“India” means the territory of India excluding
the State of Jammu and Kashmir.]

19.

“Judge”.

19. “Judge”.–The word “Judge” denotes not only every person who
is officially designated as a Judge, but also every person.

who is empowered by law to give, in any legal proceeding, civil
or criminal, a definitive judgment, or a judgment which, if not
appealed against, would be definitive, or a judgment which, if
confirmed by some other authority, would be definitive, or

who is one of a body of persons, which body of persons is
empowered by law to give such a judgment.

Illustrations

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

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

(c) A member of a panchayat which has power, under 5*Regulation
VII, 1816, of the Madras Code, to try and determine suit, is a Judge.

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

20.

“Court of Justice”.

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

Illustration

A Panchayat acting under 5*Regulation VII, 1816, of the Madras
Code, HAVING power to try and determine suits, is a Court of Justice.
———————————————————————
1. Subs. by the A. O. 1950, for s. 14.
2. Subs., ibid., for s. 17.
3. The words and letter “Part A” omitted by Act 3 of 1951, s. 3 and
Sch.

4. Subs. by s. 3 and Sch., ibid., for s. 18.
5. Rep. by the Madras Civil Courts Act, 1873 (3 of 1873).

104.

21.
“Public servant”.

21. “Public servant”.–The words “public servant” denote a person
falling under any of the descriptions hereinafter following, namely:–

1* * * * *

Second.–Every Commissioned Officer in the Military,
2*[Naval or Air] Forces 3*[4**** of India];

5*[Third.–Every Judge including any person empowered by
law to discharge, whether by himself or as a member of any body
of persons. any adjudicatory functions;]

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

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

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

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

Eighth.–Every officer of 7*[the Government] whose duty it
is, as such officer, to prevent offences, to give information of
offences, to bring offenders to justice, or to protect the public
health, safety or convenience;

Ninth.–Every officer whose duty it is as such officer, to
take, receive, keep or expend any property on behalf of 7*[the
Government], or to make any survey, assessment or contract on
behalf of 7*[the Government], or to execute any revenue-
process, or to investigate, or to report, on any matter affecting
the pecuniary interests of 7*[the Government], or to make.
authenticate or keep any document relating to the pecuniary
interests of 7*[the Government], or to prevent the infraction
of any law for the protection of the pecuniary interests of
7*[the Government] 8****;

Tenth.–Every officer whose duty it is, as such officer, to
take, receive, keep or expend any property, to make any survey or
assessment or to levy any rate or tax for any secular common
purpose of any village, town or district, or to make,
authenticate or keep any document for the ascertaining of the
rights of the people of any village, town or district;
———————————————————————-
1. Cl. First omitted by the A. O. 1950.

2. Subs. by Act 10 of 1927, s. 2 and Sch. I, for “or Naval”.

3. Subs. by the A. O. 1948, for “of the Queen while serving under
any Government in British India or the Crown Representative”.

4. The words “of the Dominion” omitted by the A. O. 1950.

5. Subs. by Act 40 of 1964, s. 2, for cl. Third.

6. Ins. by s. 2, ibid.

7. Subs. by the A. O. 1950, for “the Crown”.

8. Certain words omitted by Act 40 of 1964, s. 2.
105.

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

2*[Twelfth.–Every person–

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

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

Illustration

A Municipal Commissioner is a public servant.

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

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

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

4* * * * *

22.

“Movable property”.

22. “Movable property”.–The words “movable property” are
intended to include corporeal property of every description, except
land and things attached to the earth or permanently fastened to
anything which is attached to the earth.

23.

“Wrongful gain”.

23. “Wrongful gain”.–“Wrongful gain” is gain by unlawful means
of property to which the person gaining is not legally entitled.

“Wrongful loss”.

“Wrongful loss”.–“Wrongful loss” is the loss by unlawful means
of property to which the person losing it is legally entitled.

Gaining wrongfully. Losing wrongfully.

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

24.

“Dishonestly”.

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

25.

“Fraudulently”.

25. “Fraudulently”.–A person is said to do a thing fraudulently
if he does that thing with intent to defraud but not otherwise.
———————————————————————-
1. Ins. by Act 39 of 1920, s. 2.
2. Subs. by Act 40 of 1964, s. 2, for cl. Twelfth, ins. by Act 2 of
1958, s. 2.
3. Ins. by Act 39 of 1920, s. 2.
4. Explanation 4 ins. by Act 2 of 1958, s. 2, omitted by Act 40 of
1964, s. 2.
106.

26.

“Reason to believe”.

26. “Reason to believe”.–A person is said to have “reason to
believe” a thing, if he has sufficient cause to believe that thing but
not otherwise.

27.

Property in possession of wife, clerk or servant.

27. Property in possession of wife, clerk or servant.–When
property is in the possession of a persons wife, clerk or servant, on
account of that person, it is in that persons possession within the
meaning of this Code.

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

28.

“Counterfeit”.

28. “Counterfeit”.–A person is said to “counterfeit” who causes
one thing to resemble another thing, intending by means of that
resemblance to practise deception, or knowing it to be likely that
deception will thereby be practised.

1*[Explanation 1.–It is not essential to counterfeiting that
the imitation should be exact.

Explanation 2.–When a person causes one thing to resemble
another thing, and the resemblance is such that a person might be
deceived thereby, it shall be presumed, until the contrary is proved,
that the person so causing the one thing to resemble the other thing
intended by means of that resemblance to practise deception or knew it
to be likely that deception would thereby be practised.]

29.

“Document”.

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

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

Illustrations

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

A cheque upon a banker is a document.

A power-of-attorney is a document.

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

A writing containing directions or instructions is a document.

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

Illustration

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

30.

“Valuable security”.

30. “Valuable security”.–The words “valuable security” denote a
document which is, or purports to be, a document whereby any legal
right is created, extended, transferred, restricted, extinguished or
released, or who hereby any person acknowledges that he lies under
legal liability, or has not a certain legal right.
———————————————————————-
1. Subs. by Act 1 of 1889, s. 9, for the original Explanation.

107.

Illustration

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

31.
“A will”.

31. “A will”.–The words “a will” denote any testamentary
document.

32.

Words referring to acts include illegal omissions.

32. Words referring to acts include illegal omissions.–In every
part of this Code, except where a contrary intention appears FROM the
context, words which refer to acts done extend also to illegal
omissions.

33.

“Act”. “Omission”.

33. “Act”. “Omission”.–The word “act” denotes as well as series
of acts as a single act: the word “omission” denotes as well a series
of omissions as a single omission.

34.

Acts done by several persons in futherance of common intention.

1*[34. Acts done by several persons in futherance of common
intention.–When a criminal act is done by several persons in
furtherance of the common intention of all, each of such persons is
liable for that act in the same manner as if it were done by him
alone.]

35.

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

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

36.

Effect caused partly by act and partly by omission.

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

Illustration

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

37.

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

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

Illustrations

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

(b) A and B are joint jailors, and as such have the charge of Z,
a prisoner, alternatively for six hours at a time. A and B, intending
to cause Zs death, knowingly co-operate in causing that effect by
illegally omitting, each during the time of his attendance, to furnish
Z with food supplied to them for that purpose. Z dues of hunger. Both
A and B are guilty of the murder of Z.
———————————————————————-
1. Subs. by Act 27 of 1870, s. 1, for the original section.

108.

(c) A, a jailor, has the charge of Z, a prisoner. A, intending to
cause Zs death, illegally omits to supply Z with food; in consequence
of which Z is much reduced in strength, but the starvation is not
sufficient to cause his death. A is dismissed FROM his office, and B
succeeds him. B, without collusion or co-operation with A, illegally
omits to supply Z with food, knowing that he is likely thereby to
cause Zs death. Z dies of hunger. B is guilty of murder, but, as A
did not co-operate with B. A is guilty only of an attempt to commit
murder.

38.

Persons concerned in criminal Act may be guilty of different
offences.

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

Illustration

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

39.

“Voluntarily”.

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

Illustration

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

40.

“Offence”.

1*[40. “Offence”.–Except in the 2*[Chapters] and sections
mentioned in clauses 2 and 3 of this section, the word “offence”
denotes a thing made punishable by this Code.

In Chapter IV, 3*[Chapter VA] and in the following sections,
namely, sections 4*[64, 65, 66, 5*[67], 71], 109, 110, 112, 114, 115,
116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224,225,
327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word
“offence” denotes a thing punishable under this Code, or under any
special or local law as hereinafter defined.

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

41.
“Special law”.

41. “Special law”.–A “special law” is a law applicable to a
particular subject.

42.

“Local law”.

42. “Local law”.–A “local law” is a law applicable only to a
particular part of 6* [7**** 8*[India]].
———————————————————————-
1. Subs. by Act 27 of 1870, s. 2, for the original s. 40.

2. Subs. by Act 8 of 1930, s. 2 and Sch. I, for “chapter”.

3. Ins. by Act 8 of 1913, s. 2.
4. Ins. by Act 8 of 1882, s. 1. 5. Ins. by Act 10 of 1886, s. 21 (1).

6. Subs. by the A.O. 1948, for “British India”.

7. The words “the territories comprised in” were rep. by Act 48 of
1952, s. 3 and Sch. II.

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

109.

43.

“Illegal”.

“Legally bound to do”.

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

44.

“Injury”.

44. “Injury”.–The word “injury” denotes any harm whatever
illegally caused to any person, in body, mind, reputation or property.

45.

“Life”.

45. “Life”.–The word “life” denotes the life of a human being,
unless the contrary appears FROM the context.

46.

“Death”.

46. “Death”.–The word “death” denotes the death of a human being
unless the contrary appears FROM the context.

47.

“Animal”.

47. “Animal”.–The word “animal” denotes any living creature,
other than a human being.

48.

“Vessel”.

48. “Vessel”.–The word “vessel” denotes anything made for the
conveyance by water of human beings or of property.

49.

“Year”.

“Month”.

49. “Year”. “Month”.–Wherever the word “year” or the word
“month” is used, it is to be understood that the year or the month is
to be reckoned according to the British calendar.

50.

“Section”.

50. “Section”.–The word “section” denotes one of those portions
of a Chapter of this Code which are distinguished by prefixed numeral
figures.

51.
“Oath”.

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

52.

“Good faith”.

52. “Good faith”.–Nothing is said to be done or believed in
“good faith” which is done or believed without due care and attention.

52A.

“Harbour”.

1*[52A. “Harbour”.–Except in section 157, and in section 130
in the case in which the harbour is given by the wife or husband of
the person harboured, the word “harbour” includes the supplying a
person with shelter, food, drink, money, clothes, arms, ammunition or
means of conveyance, or the assisting a person by any means, whether
of the same kind as those enumerated in this section or not, to evade
apprehension.]

CHAPTER IIIOF PUNISHMENTS

53. Punishments.–The punishments to which offenders are liable
under the provisions of this Code are–

 

First.–Death;

2*[Secondly.–Imprisonment for life;]

3* * * * *

Fourthly.–Imprisonment, which is of two descriptions,
namely:-

(1) Rigorous, that is with hard labour;

(2) Simple;

Fifthly.–Forfeiture of property;

Sixthly.–Fine.
———————————————————————-
1. Ins. by Act 8 of 1942. s. 2.
2. Subs. by Act 26 of 1955, s. 117 and Sch., for “Secondly.–
Transportation;”(w.e.f. 1-1-1956).

3. “Thirdly,-Penal seritude;” was rep. by Act 17 of 1949, s. 2. (w.e.f. 6-4-1949).

110.

53A.

Construction of reference to transportation.

1*[53A. Construction of reference to transportation.–(1)
Subject to the provisions of sub-section (2) and sub-section (3), any
reference to “transportation for life” in any other law for the time
being in force or in any instrument or ORDER HAVING effect by virtue
of any such law or of any enactment repealed shall be construed as a
reference to “imprisonment for life”.

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

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

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

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

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

54.

Commutation of sentence of death.

54. Commutation of sentence of death.–In every case in which
sentence of death shall have been passed, 3*[the appropriate
Government] may, without the consent of the offender, commute the
punishment for any other punishment provided by this Code.

55.

Commutation of sentence of imprisonment for life.

55. Commutation of sentence of imprisonment for life.–In every
case in which sentence of 4*[imprisonment] for life shall have been
passed, 5[the appropriate Government] may, without the consent of the
offender, commute the punishment for imprisonment of either
description for a term not exceeding fourteen years.

55A.

Definition of “appropriate Government”.

6*[55A. Definition of “appropriate Government”.–In sections
fifty-four and fifty-five the expression “appropriate Government”
means,-

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

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

56.

56. [Sentence of Europeans and Americans to penal servitude.
Proviso as to sentence for term exceeding ten years but not for life.]
Rep. by the Criminal Law (Removal of Racial Discriminations) Act, 1949. (17 of 1949) (w. e. f. 6-4-1949).

57.

Fractions of terms of punishment.

57. Fractions of terms of punishment.–In calculating fractions
of terms of punishment, 4[imprinsonment] for life shall be reckoned as
equivalent to 4[imprisonment] for twenty years.

58.

58. [Offenders sentenced to transportation how dealt with until
transported.] Rep. by the Code of Criminal Procedure (Amendment) Act,
1955 (26 of 1955), s. 117 and Sch.
———————————————————————-
1. Ins. by Act 26 of 1955, s. 117 and Sch. (w.e.f. 1-1-1956).

2. Subs. by Act 36 of 1957, s. 3 and Sch. II, for “1954”.

3. Subs. by the A. O. 1950, for “the Central Government or the
Provincial Government of the Province within which the offender
shall have been sentenced”.

4. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation”
(w.e.f. 1-1-1956).

5. Subs. by the A. O. 1950, for “the provincial Government of the
Province within which the offender shall have been sentenced”.

6. Subs., ibid, for s. 55A which had been ins. by the A. O. 1937. ———————————————————————

111.

59.

59. [Transportation instead of imprisonment.] Rep. by the Code of
Criminal Procedure (Amendment) Act, 1955 (26 of 1955) s.117 and Sch.,
(w.e.f. 1-1-1956).

60.

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

60. Sentence may be (in certain cases of imprisonment) wholly or
partly rigorous or simple.–In every case in which an offender is
punishable with imprisonment which may be of either description, it
shall be competent to the Court which sentences such offender to
direct in the sentence that such imprisonment shall be wholly
rigorous, or that such imprisonment shall be wholly simple or] that
any part of such imprisonment shall be rigorous and the rest simple.

61.
61. [Sentence of forfeiture of property.] Rep. by the Indian
Penal Code (Amendment) Act, 1921 (16 of 1921), s. 4.

62.

62. [Forfeiture of property, in respect of offenders punishable
with death, transportation or imprisonment.] Rep., by s. 4 ibid.

63.

Amount of fine.

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

64.

Sentence of imprisonment for non-payment of fine.

64. Sentence of imprisonment for non-payment of fine.–1*[In
every case of an offence punishable with imprisonment as well as fine,
in which the offender is sentenced to a fine, whether with or without
imprisonment,

and in every case of an offence punishable 2*[with
imprisonment or fine, or] with fine only, in which the offender is
sentenced to a fine.]

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

65.

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

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

66.

Description of imprisonment for non-payment of fine.

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

67.

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

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

68.

Imprisonment to terminate on payment of fine.

68. Imprisonment to terminate on payment of fine.–The
imprisonment which is imposed in default of payment of a fine shall
terminate whenever that fine is either paid or levied by process of
law.
———————————————————————-
1. Subs. by Act 8 of 1882, s. 2, for “in every case in which an
offender is sentenced to a fine”.

2. Ins, by Act 10 of 1886, s. 21(2).

3. Ins by Act 8 of 1882, s. 3.
112.

69.

Termination of imprisonment on payment of proportional part of fine.

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

Illustration

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

70.

Fine leviable within six years, or during imprisonment. Death not to
discharge property FROM liability.

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

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

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

1*[Where anything is an offence falling within two or more
separate definitions of any law in force for the time being by which
offences are defined or punished, or

where several acts, of which one or more than one would by itself
or themselves constitute an offence, constitute, when combined, a
different offence,

the offender shall not be punished with a more severe punishment
than the Court which tries him could award for any one of such
offences].

Illustrations

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

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

72.

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

72. Punishment of person guilty of one of several offences, the
judgment stating that it is doubtful of which.–In all cases in which
judgment is given that a person is guilty of one of several offences
specified in the judgment, but that it is doubtful of which of these
offences he is guilty, the offender shall be punished for the offence
for which the lowest punishment is provided if the same punishment is
not provided for all.
———————————————————————-
1. Ins by Act 8 of 1882, s, 4. ———————————————————————-

113.

73.

Solitary confinement.

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

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

a time not exceeding two months if the term of imprisonment shall
exceed six months and 1*[shall not exceed one] year:

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

74.

LIMIT of solitary confinement.

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

75.

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

2*[75. Enhanced punishment for certain offences under Chapter
XII or Chapter XVII after previous conviction.–Whoever, HAVING been
convicted,-

(a) by a Court in 3*[India], of an offence punishable
under Chapter XII or Chapter XVII of this Code with imprisonment
of either description for a term of three years or upwards, 4****

4* * * * *

shall be guilty of any offence punishable under either of those
Chapters with like imprisonment for the like term, shall be subject
for every such subsequent offence to 5*[imprisonment for life] or
to imprisonment of either description for a term which may extend to
ten years.]

CHAPTER IVGENERAL EXCEPTIONS

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

 

Illustrations

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

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

77.

Act of Judge when acting judicially.

77. Act of Judge when acting judicially.–Nothing is an offence
which is done by a Judge when acting judicially in the exercise of any
power which is, or which in good faith he believes to be, given to him
by law.
———————————————————————-
1. Subs. by Act 8 of 1882, s. 5, for “be less than a”.

2. Subs. by Act 3 of 1910, s. 2, for the original section.

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

4. The word “or” at the end of cl. (a) and cl. (b) were omitted by
s. 3 and Sch., ibid.

5. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life” (w.e.f. 1-1-1956).
———————————————————————-

114.

78.

Act done pursuant to the judgment or ORDER of Court.

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

79.

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

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

Illustration

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

80.

Accident in doing a lawful act.

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

Illustration

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

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

81. Act likely to cause harm, but done without criminal intent,
and to prevent other harm.–Nothing is an offence merely by reason of
its being done with the knowledge that it is likely to cause harm, if
it be done without any criminal intention to cause harm, and in good
faith for the purpose of preventing or avoiding other harm to person
or property.

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

Illustrations

(a) A, the captain of a steam vessel, suddenly and without any
fault or negligence on his part, finds himself in such a position
that, before he can stop his vessel, he must inevitably run down a
boat B, with twenty or thirty passengers on board, unless he changes
the course of his vessel, and that, by changing his course, he must
incur risk of running down a boat C with only two passengers on board,
which he may possibly clear. Here, if A alters his course without any
intention to run down the boat C and in good faith for the purpose of
avoiding the danger to the passengers in the boat B, he is not guilty
of an offence, though he may run down the boat C by doing an which he
knew was likely to cause that effect, if it be found as a matter of
fact that the danger which he intended to avoid was such as to excuse
him in incurring the risk of running down C.

(b) A, in a great fire, pulls down houses in ORDER to prevent the
conflagration FROM spreading. He does this with the intention in good
faith of saving human life or property. Here, if it be found that the
harm to be prevented was of such a nature and so imminent as to excuse
As act, A is not guilty of the offence.

115.

82.

Act of a child under seven years of age.

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

83.

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

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

84.

Act of a person of unsound mind.

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

85.

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

85. Act of a person incapable of judgment by reason of
intoxication caused against his will.–Nothing is an offence which is
done by a person who, at the time of doing it, is, by reason of
intoxication, incapable of knowing the nature of the act, or that he
is doing what is either wrong, or contrary to law: provided that the
thing which intoxicated him was administered to him without his
knowledge or against his will.

86.

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

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

 
87.

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

87. Act not intended and not known to be likely to cause death or
grievous hurt, done by consent.–Nothing which is not intended to
cause death, or grievous hurt, and which is not known by the doer to
be likely to cause death or grievous hurt, is an offence by reason of
any harm which it may cause, or be intended by the doer to cause, to
any person, above eighteen years of age, who has given consent,
whether express or implied, to suffer that harm; or by reason of any
harm which it may be known by the doer to be likely to cause to any
such person who has consented to take the risk of that harm.

Illustration

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

88.

Act not intended to cause death, done by consent in good faith for
persons benefit.

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

Illustration

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

89.

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

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

116.

Provisos.

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

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

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

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

Illustration

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

90.

Consent known to be given under fear or misconception.

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

Consent of insane person.

Consent of insane person.-if the consent is given by a person
who, FROM unsoundness of mind, or intoxication, is unable to
understand the nature and consequence of that to which he gives his
consent; or

Consent of child.

Consent of child.-unless the contrary appears FROM the context, if
the consent is given by a person who is under twelve years of age.

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

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

Illustration

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

92.

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

92. Act done in good faith for benefit of a person without
consent.-Nothing is an offence by reason of any harm which it may
causes to a person for whose benefit it is done in good faith, even
without that persons consent, if the circumstances are such that it
is impossible for that person to signify consent, or if that person is
incapable of giving consent, and has no guardian or other person in
lawful charge of him FROM whom it is possible to obtain consent in
time for the thing to be done with benefit: Provided-

Provisos.

117.

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

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

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

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

Illustrations

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

(b) Z is carried off by a tiger. A fires at the tiger knowing it
to be likely that the shot may kill Z, but not intending to kill Z,
and in good faith intending Zs benefit. As ball gives Z a mortal
wound. A has committed no offence.

(c) A, a surgeon, sees a child suffer an accident which is likely
to prove fatal unless an operation be immediately performed. There is
not time to apply to the childs guardian. A performs the operation in
spite of the entreaties of the child, intending, in good faith, the
childs benefit. A has committed no offence.

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

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

93.

Communication made in good faith.

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

Illustration

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

94.

Act to which a person is compelled by threats.

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

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

118.

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

95.

Act causing slight harm.

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

Of the Right of Private Defence

96.

Things done in private defence.

96. Things done in private defence.–Nothing is an offence which
is done in the exercise of the right of private defence.

97.

Right of private defence of the body and of property.

97. Right of private defence of the body and of property.–Every
person has a right, subject to the restrictions contained in section
99, to defend-

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

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

98.

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

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

Illustrations

(a) Z, under the influence of madness, attempts to kill A; Z is
guilty of no offence. But A has the same right of private defence
which he would have if Z were sane.

(b) A enters by night a house which he is legally entitled to
enter. Z, in good faith, taking A for a house-breaker, attacks A. Here
Z, by attacking A under this misconception, commits no offence. But A
has the same right of private defence against Z, which he would have
if Z were not acting under that misconception.

99.

Acts against which there is no right of private defence.

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

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

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

Extent to which the right may be exercised.

Extent to which the right may be exercised.–The right of private
defence in no case extends to the inflicting of more harm than it is
necessary to inflict for the purpose of defence.

119.

Explanation 1.-A person is not deprived of the right of private
defence against an act done, or attempted to be done, by a public
servant, as such, unless he knows or has reason to believe, that the
person doing the act is such public servant.

Explanation 2.-A person is not deprived of the right of private
defence against an act done, or attempted to be done, by the direction
of a public servant, unless he knows, or has reason to believe, that
the person doing the act is acting by such direction, or unless such
person states the authority under which he acts, or if he has
authority in writing, unless he produces such authority, if demanded.

100.

When the right of private defence of the body extends to causing
death.

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

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

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

Thirdly.-An assault with the intention of committing rape;

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

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

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

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

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

102.

Commencement and continuance of the right of private defence of the
body.

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

103.

When the right of private defence of property extends to causing
death.

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

First.-Robbery;

Secondly.-House-breaking by night;

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

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

120.

104.

When such right to causing any harm other than death.

104. When such right to causing any harm other than death.–If
the offence, the committing of which, or the attempting to commit
which occasions the exercise of the right of private defence, be
theft, mischief, or criminal trespass, not of any of the descriptions
enumerated in the last preceding section, that right does not extend
to the voluntary causing of death, but does extend, subject to the
restrictions mentioned in section 99, to the voluntary causing to the
wrong-doer of any harm other than death.

105.

Commencement and continuance of the right of private defence of
property.

105. Commencement and continuance of the right of private defence
of property.–The right of private defence of property commences when
a reasonable apprehension of danger to the property commences.

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

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

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

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

106.

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

106. Right of private defence against deadly assault when there
is risk of harm to innocent person.–If in the exercise of the right
of private defence against an assault which reasonably causes the
apprehension of death, the defender be so situated that he cannot
effectually exercise that right without risk of harm to an innocent
person, his right of private defence extends to the running of that
risk.

Illustration

A is attacked by a mob who attempt to murder him. He cannot
effectually exercise his right of private defence without firing on
the mob, and he cannot fire without risk of harming young children who
are mingled with the mob. A commits no offence if by so firing he
harms any of the children.

CHAPTER VOF ABETMENT

107. Abetment of a thing.–A person abets the doing of a thing,
who-

 

First.-Instigates any person to do that thing; or

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

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

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

Illustration

A, a public officer, is authorized by a warrant FROM a Court of
Justice to apprehend Z, B, knowing that fact and also that C is not Z,
wilfully represents to A that C is Z, and thereby intentionally causes
A to apprehend C. Here B abets by instigation the apprehension of C.

121.

Explanation 2.-Whoever, either prior to or at the time of the
commission of an act, does anything in ORDER to facilitate the
commission of that act, and thereby facilitates the commission
thereof, is said to aid the doing of that act.

108.

Abettor.

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

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

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

Illustrations

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

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

Explanation 3.-It is not necessary that the person abetted should
be capable by law of committing an offence, or that he should have the
same guilty intention or knowledge as that of the abettor, or any
guilty intention or knowledge.

Illustrations

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

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

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

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

Explanation 4.-The abetment of an offence being an offence, the
abetment of such an abetment is also an offence.

Illustration

A instigates B to instigate C to murder Z. B accordingly
instigates C to murder Z, and C commits that offence in consequence of
Bs instigation. B is liable to be punished for his offence with the
punishment for murder; and, as A instigated B to commit the offence, A
is also liable to the same punishment.

122.

Explanation 5.-It is not necessary to the commission of the
offence of abetment by conspiracy that the abettor should concert the
offence with the person who commits it. It is sufficient if he engages
in the conspiracy in pursuance of which the offence is committed.

Illustration

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

108A.

Abetment in India of offences outside India.

1*[108A. Abetment in India of offences outside India.–A person
abets an offence within the meaning of this Code who, in 2*[India],
abets the commission of any act without and beyond 2*[India] which
would constitute an offence if committed in 2*[India].

Illustration

A, in 2*[India], instigates B, a foreigner in Goa, to commit a
murder in Goa, A is guilty of abetting murder.]

109.

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

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

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

Illustrations

(a) A offers a bribe to B, a public servant, as a reward for
showing A some favour in the exercise of Bs official functions. B
accepts the bribe. A has abetted the offence defined in section 161. (b) A instigates B to give false evidence. B, in consequence of
the instigation, commits that offence. A is guilty of abetting that
offence, and is liable to the same punishment as B.

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

110.

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

110. Punishment of abetment if person abetted does act with
different intention FROM that of abettor.–Whoever abets the
commission of an offence shall, if the person abetted does the act
with a different intention or knowledge FROM that of the abettor, be
punished with the punishment provided for the offence which would have
been committed if the act had been done with the intention or
knowledge of the abettor and with no other.
———————————————————————-
1. Added by Act 4 of 1898, s. 3.
2. Subs. by Act 3 of 1951, s, 3 and Sch., for “the States”.

123.

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

111. Liability of abettor when one act abetted and different act
done.–When an Act is abetted and a different act is done, the abettor
is liable for the act done, in the same manner and to the same extent
as if he had directly abetted it:

Proviso.

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

Illustrations

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

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

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

112.

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

112. Abettor when liable to cumulative punishment for act abetted
and for act done.–If the act for which the abettor is liable under
the last preceding section is committed in addition to the act
abetted, and constitute a DISTINCT offence, the abettor is liable to
punishment for each of the offences.

Illustration

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

113.

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

113. Liability of abettor for an effect caused by the act abetted
different FROM that intended by the abettor.–When an act is abetted
with the intention on the part of the abettor of causing a particular
effect, and an act for which the abettor is liable in consequence of
the abetment, causes a different effect FROM that intended by the
abettor, the abettor is liable for the effect caused, in the same
manner and to the same extent as if he had abetted the act with the
intention of causing that effect, provided he knew that the act
abetted was likely to cause that effect.

Illustration

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

114.

Abettor present when offence is committed.

114. Abettor present when offence is committed.–Whenever any
person who if absent would be liable to be punished as an abettor, is
present when the act or offence for which he would be punishable in
consequence of the abetment is committed, he shall be deemed to have
committed such act or offence.

124.

115.

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

115. Abetment of offence punishable with death or imprisonment
for life–if offence not committed.-Whoever abets the commission of an
offence punishable with death or 1*[imprisonment for life], shall,
if that offence be not committed in consequence of the abetment, and
no express provision is made by this Code for the punishment of such
abetment, be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to
fine:

if act causing harm be done in consequence.

if act causing harm be done in consequence.–and if any act for
which the abettor is liable in consequence of the abetment, and which
causes hurt to any person, is done, the abettor shall be liable to
imprisonment of either description for a term which may extend to
fourteen years, and shall also be liable to fine.

Illustration

A instigates B to murder Z. The offence is not committed. If B
had murdered Z, he would have been subject to the punishment of death
or 1*[imprisonment for life]. Therefore A is liable to imprisonment
for a term which may extend to seven years and also to a fine; and, if
any hurt be done to Z in consequence of the abetment, he will be
liable to imprisonment for a term which may extend to fourteen years,
and to fine.

116.

Abetment of offence punishable with imprisonment–if offence be not
committed.

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

if abettor or person abetted be a public servant whose duty it is to
prevent offence.

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

Illustrations

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

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

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

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

117.

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

117. Abetting commission of offence by the public or by more than
ten persons.–Whoever abets the commission of an offence by the public
generally or by any number or class of persons exceeding ten, shall be
punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
———————————————————————-
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.
———————————————————————-

125.

Illustration

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

118.

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

118. Concealing design to commit offence punishable with death or
imprisonment for life.–Whoever intending to facilitate or knowing it
to be likely that he will thereby facilitate the commission of an
offence punishable with death or 1*[imprisonment for life],

voluntarily conceals, by any act or illegal omission, the
existence of a design to commit such offence or makes any
representation which he knows to be false respecting such design,

if offence be committed-if offence be not committed.

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

Illustration

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

119.

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

119. Public servant concealing design to commit offence which it
is his duty to prevent.–Whoever, being a public servant intending to
facilitate or knowing it to be likely that he will thereby facilitate
the commission of an offence which it is his duty as such public
servant to prevent,

voluntarily conceals, by any act or illegal omission, the
existence of a design to commit such offence, or makes any
representation which he knows to be false respecting such design.

if offence be committed.

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

if offence be punishable with death, etc.

if offence be punishable with death, etc.–or, if the offence be
punishable with death or 1*[imprisonment for life], with
imprisonment of either description for a term which may extend to ten
years;

if offence be not committed.

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

Illustration

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

120.

Concealing design to commit offence punishable with imprisonment.

120. Concealing design to commit offence punishable with
imprisonment.–Whoever, intending to facilitate or knowing it to be
likely that he will thereby facilitate the commission of an offence
punishable with imprisonment,

voluntarily conceals, by any act or illegal omission, the
existence of a design to commit such offence, or makes any
representation which he knows to be false respecting such design,
———————————————————————-
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.
———————————————————————-

126.

if offence be committed-if offence be not committed.

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

CHAPTER VA

CRIMINAL CONSPIRACY

1*[CHAPTER VA

CRIMINAL CONSPIRACY

120A.

Definition of criminal conspiracy.

120A. Definition of criminal conspiracy.–When two or more
persons agree to do, or cause to be done,-

(1) an illegal act, or

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

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

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

120B.

Punishment of criminal conspiracy.

120B. Punishment of criminal conspiracy.–(1) Whoever is a party
to a criminal conspiracy to commit an offence punishable with death,
2*[imprisonment for life] or rigorous imprisonment for a term of two
years or upwards, shall, where no express provision is made in this
Code for the punishment of such a conspiracy, be punished in the same
manner as if he had abetted such offence.

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

CHAPTER VIOF OFFENCES AGAINST THE STATE

 

121. Waging, or attempting to wage war, or abetting waging of
war, against the Government of India.–Whoever wages war against the
3*[Government of India], or attempts to wage such war, or abets the
waging of such war, shall be punished with death, or
4*[imprisonment for life] 5*[and shall also be liable to fine].

6*[Illustration.]

7***A joins an insurrection against the 3*[Government of India].
A has committed the offence defined in this section.

8* * * * *
———————————————————————-
1. Ins. by Act 8 of 1913, s. 3.
2. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation”.

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

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

5. Subs. by Act 16 of 1921, s. 2, for “and shall forfeit all his
property”.

6. Subs. by Act 36 of 1957, s. 3 and Sch. II, for “Illustrations”.

7. The brackets and letter “(a)” omitted by s. 3 and Sch. II, ibid.

8. Illus tration (b) rep. by the A. O. 1950.

127.

121A.

Conspiracy to commit offences punishable by section 121.
1*[121A. Conspiracy to commit offences punishable by section
121.–Whoever within or without 2*[India] conspires to commit any
of the offences punishable by section 121, 3*** or conspires to
overawe, by means of criminal force or the SHOW of criminal force,
4*[the Central Government or any State Government 5***], shall be
punished with 6*[imprisonment for life], or with imprisonment of
either description which may extend to ten years, 7*[and shall also
be liable to fine].

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

122.

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

122. Collecting arms, etc., with intention of waging war against
the Government of India.–Whoever collects men, arms or ammunition or
otherwise prepares to wage war with the intention of either waging or
being prepared to wage war against the 8*[Government of India],
shall be punished with 9*[imprisonment for life] or imprisonment of
either description for a term not exceeding ten years, 10*[and shall
also be liable to fine].

123.

Concealing with intent to facilitate design to wage war.

123. Concealing with intent to facilitate design to wage war.–
Whoever, by any act, or by any illegal omission, conceals the
existence of a design to wage war against the 8*[Government of
India], intending by such concealment to facilitate, or knowing it to
be likely that such concealment will facilitate, the waging of such
war, shall be punished with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.

124.

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

124. Assaulting President, Governor, etc., with intent to compel
or restrain the exercise of any lawful power.–Whoever, with the
intention of inducing or compelling the 11*[President] of India, or
12*[Governor 13***] of any State, 14*** 15*** 16*** to exercise or
refrain FROM exercising in any manner any of the lawful powers of such
17*[President or 12*[Governor 13*],

assaults or wrongfully restrains, or attempts wrongfully to
restrain, or overawes, by means of criminal force or the SHOW of
criminal force, or attempts so to overawe, such 17*[President or 12***
[Governor 13***],
———————————————————————-
1. S. 121A ins. by Act 27 of 1870, s. 4.
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.

3. The words “or to deprive the Queen of the sovereignty of the
Provinces or of any part thereof” omitted by the A. O. 1950.

4. Subs. by the A. O. 1937, for “the G. of I. or any L. G.”.

5. The words “or the Govt. of Burma” rep. by the A. O. 1948.
6. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation
for life or any shorter term”.

7. Ins. by Act 16 of 1921, s. 3.
8. Subs. by the A. O. 1950, for “Queen”.

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

10. Subs. by Act 16 of 1921, s. 2, for “and shall forfeit all his
property”.

11. Subs. by the A. O. 1950, for “Governor General”.

12. Subs. by Act 3 of 1951, s. 3 and Sch., for “Governor”.

13. The words “or Rajpramukh” omitted by the Adaptation of Laws (No.
2) Order, 1956.
14. The words “or a Leutenant-Governor” rep. by the A. O. 1937.
15. The words “or a Member of the Council of the Governor General of
India” rep. by the A. O. 1948.
16. The words “or of the Council of any Presidency” rep. by the A. O.
1937.
17. The original words “Governor General, Governor, Lieutenant-
Governor or Member of Council” have successively been amended by
the A.O. 1937, A. O. 1948 and A. O. 1950 to read as above.
———————————————————————-

128.
shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to
fine.

124A.

Sedition.

1*[124A. Sedition.–Whoever by words, either spoken or written,
or by signs, or by visible representation, or otherwise, brings or
attempts to bring INTO hatred or contempt, or excites or attempts to
excite disaffection towards, 2***the Government established by law in
3*[India], a 4***shall be punished with 5*[imprisonment for life], to
which fine may be added, or with imprisonment which may extend to
three years, to which fine may be added, or with fine.

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

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

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

125.

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

125. Waging war against any Asiatic Power in alliance with the
Government of India.–Whoever wages war against the Government of any
Asiatic Power in alliance or at peace with the 6*[Government of
India] or attempts to wage such war, or abets the waging of such war,
shall be punished with 7*[imprisonment for life], to which fine may
be added, or with imprisonment of either description for a term which
may extend to seven years, to which fine may be added, or with fine.

126.

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

126. Committing depredation on territories of Power at peace with
the Government of India.–Whoever commits depredation, or makes
preparations to commit depredation, on the territories of any Power in
alliance or at peace with the 6*[Government of India], shall be
punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine and to
forfeiture of any property used or intended to be used in committing
such depredation, or acquired by such depredation.

127.

Receiving property taken by war or depredation mentioned in sections
125 and 126.

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

128.

Public servant voluntarily allowing prisoner of state or war to
escape.

128. Public servant voluntarily allowing prisoner of state or war
to escape.–Whoever, being a public servant and HAVING the custody of
any State prisoner or prisoner of war, voluntarily allows such
prisoner to escape FROM any place in which such prisoner is confined,
shall be punished with 7*[imprisonment for life], or imprisonment of
either description for a term which may extend to ten years, and shall
also be liable to fine.
———————————————————————-
1. Subs. by Act 4 of 1898, s. 4, for the original s. 124A which had
been ins. by Act 27 of 1870, s. 5. 2. The words “Her Majesty or” rep. by the A.O. 1950. The words “or
the Crown Representative” ins. after the word “Majesty” by the
A.O. 1937 were rep. by the A.O. 1948. 3. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.
4. The words “or British Burma” ins. by the A.O. 1937 rep. by the
A.O. 1948. 5. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life or any shorter term”.
6. Subs. by the A.O. 1950, for “Queen”.
7. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation
for life”.

129.

129.

Public servant negligently suffering such prisoner to escape.

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

130.

Aiding escape of, rescuing or harbouring such prisoner.

130. Aiding escape of, rescuing or harbouring such prisoner.–
Whoever knowingly aids or assists any State prisoner or prisoner of
war in escaping FROM lawful custody, or rescues or attempts to rescue
any such prisoner, or harbours or conceals any such prisoner who has
escaped FROM lawful custody, or offers or attempts to offer any
resistance to the recapture of such prisoner shall be punished with
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 State prisoner or prisoner of war, who is
permitted to be at large on his parole within certain limits in
2*[India], is said to escape FROM lawful custody if he goes beyond the
limits within which he is allowed to be at large.

CHAPTER VIIOF OFFENCES RELATING TO THE ARMY, [NAVY AND AIR FORCE]

 

131. Abetting mutiny, or attempting to seduce a soldier, sailor
or airman FROM his duty.–Whoever abets the committing of mutiny by an
officer, soldier, 4*[sailor or airman], in the Army, 5*[Navy or Air
Force] of the 6*[Government of India] or attempts to seduce any such
officer, soldier, 4*[sailor or airman] FROM his allegiance or his
duty, 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.

 

7*[Explanation.-In this section the words “officer”, 8*
[“soldier”, 9*[“sailor”] and “airman”] include any person subject to
the 10*[Army Act, 11*[the Army Act, 1950 (46 of 1950)], 9*[the Naval
Discipline Act, 12***the Indian Navy (Discipline) Act,1934 (34 of
1934)] 13*[the Air Force Act or 14*[the Air Force Act, 1950 (45 of
1950)]], as the case may be].]

———————————————————————-
1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
life”.
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.
3. Subs. by Act 10 of 1927, s. 2 and Sch. I, for “and Navy”.
4. Subs. by s. 2 and Sch. I, ibid., for “or sailor”.
5. Subs. by s. 2 and sch. I, ibid., for “or Navy”.
6. Subs. by the A.O. 1950 for “Queen”.
7. Ins. by Act 27 of 1870, s. 6. 8. Subs. by Act 10 of 1927, s. 2 and Sch. I, for “and soldier”.
9. Ins. by Act 25 of 1934, s. 2 and Sch.
10. Subs. by Act 10 of 1927, s. 2 and Sch. I, for “Articles of War
for the better government of Her Majestys Army, or to the
Articles of War contained in Act No. 5 of 1869”.
11. Subs. by Act 3 of 1951, s. 3 and Sch., for “the Indian Army Act,
1911”.
12. The words “or that Act as modified by” were rep. by the A.O.
1950.
13. Subs. by Act 14 of 1932, s. 130 and Sch., for “or the Air Force
Act”.
14. Subs. by Act 3 of 1951, s.3 and Sch., for “the Indian Air Force
Act, 1932”.
———————————————————————-

130

132.

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

132. Abetment of mutiny, if mutiny is committed in consequence
thereof.–Whoever abets the committing of mutiny by an officer,
soldier, 1*[sailor or airman], in the Army, 2*[Navy or Air Force] of
the 3*[Government of India], shall, if mutiny be committed in
consequence of that abetment, be punished with death or with
4*[imprisonment for life], or imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.

133.

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

133. Abetment of assault by soldier, sailor or airman on his
superior officer, when in execution of his office.–Whoever abets an
assault by an officer, soldier, 1*[sailor or airman], in the Army,
2*[Navy or Air Force] of the 3*[Government of India], on any superior
officer being in the execution of his office, shall be punished with
imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.

134.

Abetment of such assault, if the assault committed.

134. Abetment of such assault, if the assault committed.–Whoever
abets an assault by an officer, soldier, 1*[sailor or airman], in the
Army, 2*[Navy or Air Force] of the 3*[Government of India], on any
superior officer being in the execution of his office, shall, if such
assault be committed in consequence of that abetment be punished with
imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.

135.

Abetment of desertion of soldier, sailor or airman.

135. Abetment of desertion of soldier, sailor or airman.–
Whoever, abets the desertion of any officer, soldier, 1*[sailor or
airman], in the Army, 2*[Navy or Air Force] of the 3*[Government
of India], shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.

136.

Harbouring deserter.

136. Harbouring deserter.–Whoever, except as hereinafter
excepted, knowing or HAVING reason to believe that an officer,
soldier, 1*[sailor or airman], in the Army, 2*[Navy or Air Force] of
the 3*[Government of India], has deserted, harbours such officer,
soldier, 1*[sailor or airman], shall be punished with imprisonment of
either description for a term which may extend to two years, or with
fine or with both.

Exception.-This provision does not extend to the case in which
the harbour is given by a wife to her husband.

137.

Deserter concealed on board merchant vessel through negligence of
master.

137. Deserter concealed on board merchant vessel through
negligence of master.–The master or person in charge of a merchant
vessel, on board of which any deserter FROM the Army, 2*[Navy or Air
Force] of the 3*[Government of India] is concealed, shall, though
ignorant of such concealment, be liable to a penalty not exceeding
five hundred rupees, if he might have known of such concealment but
for some neglect of his duty as such master or person in charge, or
but for some want of discipline on board of the vessel.

138.

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

138. Abetment of act of insubordination by soldier, sailor or
airman.-Whoever abets what he knows to be an act of insubordination by
an officer, soldier, 1*[sailor or airman], in the Army, 2*[Navy or air
Force], of the 3*[Government of India], shall, if such act of
insubordination be committed in consequence of that abetment, be
punished with imprisonment of either description for a term which may
extend to six months, or with fine, or with both.

138A.

[Repealed.]

138A. [Application of foregoing sections to the Indian Marine
Service.] Rep. by the Amending Act, 1934 (35 of 1934), s. 2 and Sch.
———————————————————————-
1. Subs. by Act 10 of 1927, s. 2 and Sch. I, for “or sailor”.

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

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

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

131.

139.

Persons subject to certain Acts.

139. Persons subject to certain Acts.–No person subject to 1*
[the Army Act, 2*[the Army Act, 1950 (46 of 1950)], the Naval
Discipline Act, 3*[4***the Indian Navy (Discipline) Act, 1934 (34. of 1934)], 5*[the Air Force Act or 6*[the Air Force Act, 1950
(45 of 1950)]]], is subject to punishment under this Code for any of
the offences defined in this Chapter.

140.

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

140. Wearing garb or carrying token used by soldier, sailor or
airman.–Whoever, not being a soldier, 7*[sailor or airman] in the
Military, 8*[Naval or Air] service of the 9*[Government of India],
wears any garb or carries any token resembling any garb or token used
by such a soldier, 7*[sailor or airman] with the intention that it may
be believed that he is such a soldier, 7*[sailor or airman], shall be
punished with imprisonment of either description for a term which may
extend to three months, or with fine which may extend to five hundred
rupees, or with both.

CHAPTER IXOF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

161 to 165A.Rep. by the Prevention of Corruption Act, 1988 (49 of
1988), s. 31.
166.

 

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

166. Public servant disobeying law, with intent to cause injury
to any person.–Whoever, being a public servant, knowingly disobeys
any direction of the law as to the way in which he is to conduct
himself as such public servant, intending to cause, or knowing it to
be likely that he will, by such disobedience, cause injury to any
person, shall be punished with simple imprisonment for a term which
may extend to one year, or with fine, or with both.

IIIustration

A, being an officer directed by law to take property in execution,
in ORDER to satisfy a decree pronounced in Zs favour by a Court of
Justice, knowingly disobeys that direction of law, with the knowledge
that he is likely thereby to cause injury to Z. A has committed the
offence defined in this section.

167.

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

167. Public servant framing an incorrect document with intent to
cause injury.–Whoever, being a public servant, and being, as such
public servant, charged with the preparation or translation of any
document, frames or translates that document in a manner which he
knows or believes to be incorrect, intending thereby to cause or
knowing it to be likely that he may thereby cause injury to any
person, shall be punished with imprisonment of either description for
a term which may extend to three years, or with fine, or with both.

168.

Public servant unlawfully engaging in trade.

168. Public servant unlawfully engaging in trade.–Whoever, being
a public servant, and being legally bound as such public servant not
to engages in trade, engages in trade, shall be punished with simple
imprisonment for a term which may extend to one year, or with fine, or
with both.

169.

Public servant unlawfully buying or bidding for property.

169. Public servant unlawfully buying or bidding for property.–
Whoever, being a public servant, and being legally bound as such
public servant, not to purchase or bid for certain property, purchases
or bids for that property, either in his own name or in the name of
another, or jointly, or in shares with others, shall be punished with
simple imprisonment for a term which may extend to two years, or with
fine, or with both; and the property, if purchased, shall be
confiscated.

170.

Personating a public servant.

170. Personating a public servant.–Whoever pretends to hold any
particular office as public servant, knowing that he does not hold
such office or falsely personates any other person holding such
office, and in such assumed character does or attempts to do any act
under colour of such office, shall be punished with imprisonment of
either description for a term which may extend to two years, or with
fine, or with both.

136.

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

171. Wearing garb or carrying token used by public servant with
fraudulent intent.–Whoever, not belonging to a certain class of
public servants, wears any garb or carries any token resembling any
garb or token used by that class of public servants, with the
intention that it may be believed, or with the knowledge that it is
likely to be believed, that he belongs to that class of public
servants, shall be punished with imprisonment of either description,
for a term which may extend to three months, or with fine which may
extend to two hundred rupees, or with both.

CHAPTER IXA

OF OFFENCES RELATING TO ELECTIONS

1*[CHAPTER IXA

OF OFFENCES RELATING TO ELECTIONS

171A.

“Candidate”, “Electoral right” defined.

171A. “Candidate”, “Electoral right” defined.–For the purposes
of this Chapter-

2*[(a) “candidate” means a person who has been nominated as
a candidate at any election;]

(b) “electoral right” means the right of a person to stand,
or not to stand as, or to withdraw FROM being, a candidate or to
vote or refrain FROM voting at an election.

171B.

Bribery.

171B. Bribery.–(1) Whoever-

(i) gives a gratification to any person with the object of
inducing him or any other person to exercise any electoral right
or of rewarding any person for HAVING exercised any such right;
or

(ii) accepts either for himself or for any other person any
gratification as a reward for exercising any such right or for
inducing or attempting to induce any other person to exercise any
such right,

commits the offence of bribery:

Provided that a declaration of public policy or a promise of
public action shall not be an offence under this section.

(2) A person who offers, or agrees to give, or offers or attempts
to procure, a gratification shall be deemed to give a gratification.

(3) A person who obtains or agrees to accept or attempts to
obtain a gratification shall be deemed to accept a gratification, and
a person who accepts a gratification as a motive for doing what he
does not intend to do, or as a reward for doing what he has not done,
shall be deemed to have accepted the gratification as a reward.

171C.

Undue influence at elections.

171C. Undue influence at elections.–(1) Whoever voluntarily
interferes or attempts to interfere with the free exercise of any
electoral right commits the offence of undue influence at an election.

(2) Without prejudice to the generality of the provisions of sub-
section (1), whoever-

(a) threatens any candidate or voter, or any person in whom
a candidate or voter is interested, with injury of any kind, or

(b) induces or attempts to induce a candidate or voter to
believe that he or any person in whom he is interested will
become or will be rendered an object of Divine displeasure or of
spiritual censure,

shall be deemed to interfere with the free exercise of the electoral
right of such candidate or voter, within the meaning of sub-section
(1).
———————————————————————-
1. Chapter IXA was ins. by Act 39 of 1920, s. 2. 2. Subs. by Act 40 of 1975, s. 9. for cl. (a), (w.e.f. 6-8-1975).
———————————————————————-

137.

(3) A declaration of public policy or a promise of public action,
or the mere exercise or a legal right without intent to interfere with
an electoral right, shall not be deemed to be interference within the
meaning of this section.

171D.

Personation at elections.

171D. Personation at elections.–Whoever at an election applies
for a voting paper on votes in the name of any other person, whether
living or dead, or in a fictitious name, or who HAVING voted once at
such election applies at the same election for a voting paper in his
own name, and whoever abets, procures or attempts to procure the
voting by any person in any such way, commits the offence of
personation at an election.

171E.

Punishment for bribery.

171E. Punishment for bribery.–Whoever commits the offence of
bribery shall be punished with imprisonment of either description for
a term which may extend to one year, or with fine, or with both:

Provided that bribery by treating shall be punished with fine
only.

Explanation.-“Treating” means that form of bribery where the
gratification consists in food, drink, entertainment, or provision.

171F.

Punishment for undue influence or personation at an election.

171F. Punishment for undue influence or personation at an
election.–Whoever commits the offence of undue influence or
personation at an election shall be punished with imprisonment of
either description for a term which may extend to one year or with
fine, or with both.

171G.

False statement in connection with an election.

171G. False statement in connection with an election.–Whoever
with intent to affect the result of an election makes or publishes any
statement purporting to be a statement of fact which is false and
which he either knows or believes to be false or does not believe to
be true, in relation to the personal character or conduct of any
candidate shall be punished with fine.

171H.

Illegal payments in connection with an election.

171H. Illegal payments in connection with an election.–Whoever
without the general or special authority in writing of a candidate
incurs or authorizes expenses on account of the holding of any public
meeting, or upon any advertisement, circular or publication, or in any
other way whatsoever for the purpose of promoting or procuring the
election of such candidate, shall be punished with fine which may
extend to five hundred rupees :

Provided that if any person HAVING incurred any such expenses not
exceeding the amount of ten rupees without authority obtains within
ten days FROM the date on which such expenses were incurred the
approval in writing of the candidate, he shall be deemed to have
incurred such expenses with the authority of the candidate.

171-I.

Failure to keep election accounts.

171-I. Failure to keep election accounts.–Whoever being required
by any law for the time being in force or any rule HAVING the force of
law to keep accounts of expenses incurred at or in connection with an
election fails to keep such accounts shall be punished with fine which
may extend to five hundred rupees.]