{"id":1416,"date":"2009-06-11T19:07:35","date_gmt":"2009-06-11T13:37:35","guid":{"rendered":"https:\/\/www.legalindia.in\/laws\/?p=1416"},"modified":"2009-06-11T19:31:30","modified_gmt":"2009-06-11T14:01:30","slug":"the-indian-penal-code-1860","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/acts\/the-indian-penal-code-1860","title":{"rendered":"THE INDIAN PENAL CODE, 1860 [part 3]"},"content":{"rendered":"
CHAPTER XV<\/p>\n
OF OFFENCES RELATING TO RELIGION<\/span><\/strong><\/div>\n

<\/span><\/strong><\/div>\n

\u00a0<\/p>\n

<\/span><\/strong><\/span><\/strong><\/p>\n

\u00a0<\/p>\n

295.<\/p>\n

Injuring or defiling place of worship, with intent to insult the
\nreligion of any class.<\/p>\n

295. Injuring or defiling place of worship, with intent to
\ninsult the religion of any class.–Whoever destroys, damages or
\ndefiles any place of worship, or any object held sacred by any class
\nof persons with the intention of thereby insulting the religion of any
\nclass of persons or with the knowledge that any class of persons is
\nlikely to consider such destruction, damage or defilement as an insult
\nto their religion, shall be punished with imprisonment of either
\ndescription for a term which may extend to two years, or with fine, or
\nwith both.<\/p>\n

295A.<\/p>\n

Deliberate and malicious acts intended to outrage religious feelings
\nof any class by insulting its religion or religious beliefs.<\/p>\n

5*[295A. Deliberate and malicious acts intended to outrage
\nreligious feelings of any class by insulting its religion or religious
\nbeliefs.–Whoever, with deliberate and malicious intention of
\noutraging the religious feelings of any class of 6*[citizens of
\nIndia], 7*[by words, either spoken or written, or by signs or by
\nvisible representations or otherwise] insults or attempts to insult
\nthe religion or the religious beliefs of that class, shall be punished
\nwith imprisonment of either description for a term which may extend to
\n8*[three years], or with fine, or with both.]<\/p>\n

296.<\/p>\n

Disturbing religious assembly.<\/p>\n

296. Disturbing religious assembly.–Whoever voluntarily causes
\ndisturbance to any assembly lawfully engaged in the performance of
\nreligious worship, or religious ceremonies, shall be punished with
\nimprisonment of either description for a term which may extend to one
\nyear, or with fine, or with both.<\/p>\n

297.<\/p>\n

Trespassing on burial places, etc.<\/p>\n

297. Trespassing on burial places, etc.–Whoever, with the
\nintention of wounding the feelings of any person, or of insulting the
\nreligion of any person, or with the knowledge that the feelings of any
\nperson are likely to be wounded, or that the religion of any person is
\nlikely to be insulted thereby,<\/p>\n

commits any trespass in any place of worship or on any place of
\nsepulture, or any place set apart for the performance of funeral rites
\nor as a depository for the remains of the dead, or offers any
\nindignity to any human corpse, or causes disturbance to any persons
\nassembled for the performance of funeral ceremonies,
\n———————————————————————-
\n1. S. 294A ins. by Act 27 of 1870, s. 10.
\n2. Subs. by the A. O. 1937, for “not authorised by Government”.<\/p>\n

3. Subs. by Act 3 of 1951, s. 3 and Sch., for “a lottery organised
\nby the Central Government or the Government of a Part A State or
\na Part B State” which had been subs. by the A.O. 1950, for “a
\nState lottery”.<\/p>\n

4. Subs. by the A.O. 1950, for “Provincial”.<\/p>\n

5. Ins. by Act 25 of 1927, s. 2.
\n6. Subs. by the A.O. 1950, for “His Majestys subjects”.<\/p>\n

7. Subs. by Act 41 of 1961, s.3, for certain words.<\/p>\n

8. Subs. by s.3, ibid., for “two years”.
\n———————————————————————-<\/p>\n

166.
\nshall be punished with imprisonment of either description for a
\nterm which may extend to one year, or with fine, or with both.<\/p>\n

298.<\/p>\n

Uttering words, etc., with deliberate intent to wound religious
\nfeelings.<\/p>\n

298. Uttering words, etc., with deliberate intent to wound
\nreligious feelings.–Whoever, with the deliberate intention of
\nwounding the religious feelings of any person, utters any word or
\nmakes any sound in the hearing of that person or makes any gesture in
\nthe sight of that person or places any object in the sight of that
\nperson, shall be punished with imprisonment of either description for
\na term which may extend to one year, or with fine, or with both.<\/p>\n

CHAPTER XVIOF OFFENCES AFFECTING THE HUMAN BODY<\/span><\/strong><\/div>\n

<\/p>\n

\u00a0<\/span><\/strong><\/div>\n

299. Culpable homicide.–Whoever causes death by doing an act
\nwith the intention of causing death, or with the intention of causing
\nsuch bodily injury as is likely to cause death, or with the knowledge
\nthat he is likely by such act to cause death, commits the offence of
\nculpable homicide.<\/p>\n

<\/span><\/strong><\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Illustrations<\/p>\n

(a) A lays sticks and turf over a pit, with the intention of
\nthereby causing death, or with the knowledge that death is likely to
\nbe thereby caused. Z, believing the ground to be firm, treads on it,
\nfalls in and is killed. A has committed the offence of culpable
\nhomicide.<\/p>\n

(b) A knows Z to be behind a bush. B does not know it. A,
\nintending to cause, or knowing it to be likely to cause Zs death,
\ninduces B to fire at the bush. B fires and kills Z. Here B may be
\nguilty of no offence; but A has committed the offence of culpable
\nhomicide.<\/p>\n

(c) A, by shooting at a fowl with intent to kill and steal it,
\nkills B, who is behind a bush; A not knowing that he was there. Here,
\nalthough A was doing an unlawful act, he was not guilty of culpable
\nhomicide, as he did not intend to kill B or to cause death by doing
\nan act that he knew was likely to cause death.<\/p>\n

Explanation 1.-A person who causes bodily injury to another who
\nis labouring under a disorder, disease or bodily infirmity, and
\nthereby accelerates the death of that other, shall be deemed to have
\ncaused his death.<\/p>\n

Explanation 2.-Where death is caused by bodily injury, the person
\nwho causes such bodily injury shall be deemed to have caused the
\ndeath, although by resorting to proper remedies and skilful treatment
\nthe death might have been prevented.<\/p>\n

Explanation 3.-The causing of the death of a child in the
\nmothers womb is not homicide. But it may amount to culpable homicide
\nto cause the death of a living child, if any part of that child has
\nbeen brought forth, though the child may not have breathed or been
\ncompletely born.<\/p>\n

300.<\/p>\n

Murder.<\/p>\n

300. Murder.–Except in the cases hereinafter excepted, culpable
\nhomicide is murder, if the act by which the death is caused is done
\nwith the intention of causing death, or-<\/p>\n

167.
\n2ndly.-If it is done with the intention of causing such bodily
\ninjury as the offender knows to be likely to cause the death of the
\nperson to whom the harm is caused. or-<\/p>\n

3rdly.-If it is done with the intention of causing bodily injury
\nto any person and the bodily injury intended to be inflicted is
\nsufficient in the ordinary course of nature to cause death, or-<\/p>\n

4thly.-If the person committing the act knows that it is so
\nimminently dangerous that it must, in all probability, cause death, or
\nsuch bodily injury as is likely to cause death, and commits such act
\nwithout any excuse for incurring the risk of causing death or such
\ninjury as aforesaid.<\/p>\n

Illustrations<\/p>\n

(a) A shoots Z with the intention of killing him. Z dies in
\nconsequence. A commits murder.<\/p>\n

(b) A, knowing that Z is labouring under such a disease that a
\nblow is likely to cause his death, strikes him with the intention of
\ncausing bodily injury. Z dies in consequence of the blow. A is guilty
\nof murder, although the blow might not have been sufficient in the
\nordinary course of nature to cause the death of a person in a sound
\nstate of health. But if A, not knowing that Z is labouring under any
\ndisease, gives him such a blow as would not in the ordinary course of
\nnature kill a person in a sound state of health, here A, although he
\nmay intend to cause bodily injury, is not guilty of murder, if he did
\nnot intend to cause death, or such bodily injury as in the ordinary
\ncourse of nature would cause death.<\/p>\n

(c) A intentionally gives Z a sword-cut or club-wound sufficient
\nto cause the death of a man in the ordinary course of nature. Z dies
\nin consequence. Here A is guilty of murder, although he may not have
\nintended to cause Zs death.<\/p>\n

(d) A without any excuse fires a loaded cannon INTO a crowd of
\npersons and kills one of them. A is guilty of murder, although he may
\nnot have had a premeditated design to kill any particular individual.<\/p>\n

Exception 1.-When culpable homicide is not murder.-Culpable
\nhomicide is not murder if the offender, whilst deprived of the power
\nof self-control by grave and sudden provocation, causes the death of
\nthe person who gave the provocation or causes the death of any other
\nperson by mistake or accident.<\/p>\n

The above exception is subject to the following provisos:-<\/p>\n

First.-That the provocation is not sought or voluntarily provoked
\nby the offender as an excuse for killing or doing harm to any person.<\/p>\n

Secondly.-That the provocation is not given by anything done in
\nobedience to the law, or by a public servant in the lawful exercise of
\nthe powers of such public servant.<\/p>\n

Thirdly.-That the provocation is not given by anything done in
\nthe lawful exercise of the right of private defence.<\/p>\n

Explanation.-Whether the provocation was grave and sudden enough
\nto prevent the offence FROM amounting to murder is a question of fact.<\/p>\n

168.
\nIllustrations<\/p>\n

(a) A, under the influence of passion excited by a provocation
\ngiven by Z, intentionally kills Y, Zs child. This is murder, inasmuch
\nas the provocation was not given by the child, and the death of the
\nchild was not caused by accident or misfortune in doing an act caused
\nby the provocation.<\/p>\n

(b) Y gives grave and sudden provocation to A. A, on this
\nprovocation, fires a pistol at Y, neither intending nor knowing
\nhimself to be likely to kill Z, who is near him, but out of sight. A
\nkills Z. Here A has not committed murder, but merely culpable
\nhomicide.<\/p>\n

(c) A is lawfully arrested by Z, a bailiff. A is excited to
\nsudden and violent passion by the arrest, and kills Z. This is murder,
\ninasmuch as the provocation was given by a thing done by a public
\nservant in the exercise of his powers.<\/p>\n

(d) A appears as a witness before Z, a Magistrate. Z says that he
\ndoes not believe a word of As deposition, and that A has perjured
\nhimself. A is moved to sudden passion by these words, and kills Z.
\nThis is murder.<\/p>\n

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

(f) Z strikes B. B is by this provocation excited to violent rage.
\nA, a bystander, intending to take advantage of Bs rage, and to cause
\nhim to kill Z, puts a knife INTO Bs hand for that purpose. B kills Z
\nwith the knife. Here B may have committed only culpable homicide, but
\nA is guilty of murder.<\/p>\n

Exception 2.-Culpable homicide is not murder if the offender in
\nthe exercise in good faith of the right of private defence or person
\nor property, exceeds the power given to him by law and causes the
\ndeath of the person against whom he is exercising such right of
\ndefence without premeditation, and without any intention of doing more
\nharm than is necessary for the purpose of such defence.<\/p>\n

Illustration<\/p>\n

Z attempts to horsewhip A, not in such a manner as to cause
\ngrievous hurt to A. A draws out a pistol. Z persists in the assault. A
\nbelieving in good faith that he can by no other means prevent himself
\nFROM being horsewhipped, shoots Z dead. A has not committed murder,
\nbut only culpable homicide.<\/p>\n

Exception 3.-Culpable homicide is not murder if the offender,
\nbeing a public servant or aiding a public servant acting for the
\nadvancement of public justice, exceeds the powers given to him by law,
\nand causes death by doing an act which he, in good faith, believes to
\nbe lawful and necessary for the due discharge of his duty as such
\npublic servant and without ill-will towards the person whose death is
\ncaused.<\/p>\n

Exception 4.-Culpable homicide is not murder if it is committed
\nwithout premeditation in a sudden fight in the heat of passion upon a
\nsudden quarrel and without the offenders HAVING taken undue advantage
\nor acted in a cruel or unusual manner.<\/p>\n

Explanation.-It is immaterial in such cases which party offers
\nthe provocation or commits the first assault.<\/p>\n

Exception 5.-Culpable homicide is not murder when the person
\nwhose death is caused, being above the age of eighteen years, suffers
\ndeath or takes the risk of death with his own consent.<\/p>\n

169.
\nIllustration<\/p>\n

A, by instigation, voluntarily causes Z, a person under eighteen
\nyears of age, to commit suicide. Here, on account of Zs youth, he was
\nincapable of giving consent to his own death; A has therefore abetted
\nmurder.<\/p>\n

301.
\nCulpable homicide by causing death of person other than person whose
\ndeath was intended.<\/p>\n

301. Culpable homicide by causing death of person other than
\nperson whose death was intended.–If a person, by doing anything which
\nhe intends or knows to be likely to cause death, commits culpable
\nhomicide by causing the death of any person, whose death he neither
\nintends nor knows himself to be likely to cause, the culpable homicide
\ncommitted by the offender is of the description of which it would have
\nbeen if he had caused the death of the person whose death he intended
\nor knew himself to he likely to cause.<\/p>\n

302.<\/p>\n

Punishment for murder.<\/p>\n

302. Punishment for murder.–Whoever commits murder shall be
\npunished with death, or 1*[imprisonment for life], and shall also
\nbe liable to fine.<\/p>\n

303.<\/p>\n

Punishment for murder by life-convict.<\/p>\n

303. Punishment for murder by life-convict.–Whoever, being under
\nsentence of 1*[imprisonment for life], commits murder, shall be
\npunished with death.<\/p>\n

304.<\/p>\n

Punishment for culpable homicide not amounting to murder.<\/p>\n

304. Punishment for culpable homicide not amounting to murder.–
\nWhoever commits culpable homicide not amounting to murder shall be
\npunished with 1*[imprisonment for life], or imprisonment of either
\ndescription for a term which may extend to ten years, and shall also
\nbe liable to fine, if the act by which the death is caused is done
\nwith the intention of causing death. or of causing such bodily injury
\nas is likely to cause death;<\/p>\n

or with imprisonment of either description for a term which may
\nextend to ten years, or with fine, or with both, if the act is done
\nwith the knowledge that it is likely to cause death, but without any
\nintention to cause death, or to cause such bodily injury as is likely
\nto cause death.<\/p>\n

304A.<\/p>\n

Causing death by negligence.<\/p>\n

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

304B.<\/p>\n

Dowry death.<\/p>\n

3*[304B. Dowry death.–(1) Where the death of a woman is
\ncaused by any burns or bodily injury or occurs otherwise than under
\nnormal circumstances within seven years of her marriage and it is
\nshown that soon before her death she was subjected to cruelty or
\nharassment by her husband or any relative of her husband for, or in
\nconnection with, any demand for dowry, such death shall be called
\n“dowry death”, and such husband or relative shall be deemed to have
\ncaused her death.<\/p>\n

Explanation.-For the purposes of this sub-section, “dowry” shall
\nhave the same meaning as in section 2 of the Dowry Prohibition Act,
\n1961 (28 of 1961).<\/p>\n

(2) Whoever commits dowry death shall be punished with
\nimprisonment for a term which shall not be less than seven years but
\nwhich may extend to imprisonment for life.]
\n———————————————————————-
\n1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife”.<\/p>\n

2. S. 304A was ins. by Act 27 of 1870, s. 12.
\n3. Ins. by Act 43 of 1986, s. 10 (w.e.f. 19-11-1986).<\/p>\n

170<\/p>\n

305.<\/p>\n

Abetment of suicide of child or insane person.<\/p>\n

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

306.<\/p>\n

Abetment of suicide.<\/p>\n

306. Abetment of suicide.–If any person commits suicide, whoever
\nabets the commission of such suicide, shall be punished with
\nimprisonment of either description for a term which may extend to ten
\nyears, and shall also be liable to fine.<\/p>\n

307.<\/p>\n

Attempt to murder.<\/p>\n

307. Attempt to murder.–Whoever does any act with such intention
\nor knowledge, and under such circumstances that, if he by that act
\ncaused death, he would be guilty of murder, shall be punished with
\nimprisonment of either description for a term which may extend to ten
\nyears, and shall also be liable to fine; and, if hurt is caused to any
\nperson by such act, the offender shall be liable either to
\n1*[imprisonment for life], or to such punishment as is hereinbefore
\nmentioned.<\/p>\n

Attempts by life-convicts.<\/p>\n

Attempts by life-convicts.-2*[When any person offending under
\nthis section is under sentence of 1*[imprisonment for life], he
\nmay, if hurt is caused, be punished with death.]<\/p>\n

Illustrations<\/p>\n

(a) A shoots at Z with intention to kill him, under such
\ncircumstances that, if death ensued A would be guilty of murder. A is
\nliable to punishment under this section<\/p>\n

(b) A, with the intention of causing the death of a child of
\ntender years, exposes it in a desert place A has committed the offence
\ndefined by this section, though the death of the child does not ensue.<\/p>\n

(c) A, intending to murder Z, buys a gun and loads it. A has not
\nyet committed the offence. A fires the gun at Z. He has committed the
\noffence defined in this section, and, if by such firing he wounds Z,
\nhe is liable to the punishment provided by the latter part of
\n3*[the first paragraph of] this section.<\/p>\n

(d) A, intending to murder Z by poison, purchases poison and
\nmixes the same with food which remains in As keeping; A has not yet
\ncommitted the offence in this section. A places the food on Zs table
\nor delivers it to Zs servants to place it on Zs table. A has
\ncommitted the offence defined in this section.<\/p>\n

308.<\/p>\n

Attempt to commit culpable homicide.<\/p>\n

308. Attempt to commit culpable homicide.–Whoever does any act
\nwith such intention or knowledge and under such circumstances that, if
\nhe by that act caused death, he would be guilty of culpable homicide
\nnot amounting to murder, shall be punished with imprisonment of either
\ndescription for a term which may extend to three years, or with fine,
\nor with both; and, if hurt is caused to any person by such act, shall
\nbe punished with imprisonment of either description for a term which
\nmay extend to seven years, or with fine, or with both.
\n———————————————————————-
\n1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife”.<\/p>\n

2. Ins. by Act 27 of 1870, s.11. 3. Ins. by Act 12 of 1891, s.2 and Sch. II.
\n———————————————————————-<\/p>\n

171.
\nIllustration<\/p>\n

A, on grave and sudden provocation, fires a pistol at Z, under
\nsuch circumstances that if he there by caused death he would be guilty
\nof culpable homicide not amounting to murder. A has committed the
\noffence defined in this section.<\/p>\n

309.<\/p>\n

Attempt to commit suicide.<\/p>\n

309. Attempt to commit suicide.–Whoever attempts to commit
\nsuicide and does any act towards the commission of such offence, shall
\nbe punished with simple imprisonment for a term which may extend to
\none year 1*[or with fine, or with both.]<\/p>\n

310.<\/p>\n

Thug.<\/p>\n

310. Thug.–Whoever, at any time after the passing of this Act,
\nshall have been habitually associated with any other or others for the
\npurpose of committing robbery or child-stealing by means of or
\naccompanied with murder, is a thug.<\/p>\n

311.
\nPunishment.<\/p>\n

311. Punishment.–Whoever is a thug, shall be punished with
\n2[imprisonment for life], and shall also be liable to fine.<\/p>\n

Of the causing of miscarriage, of injuries to unborn children, of the
\nexposure of infants, and of the concealment of births.<\/p>\n

312.<\/p>\n

Causing miscarriage.<\/p>\n

312. Causing miscarraige.–Whoever voluntarily causes a woman
\nwith child to miscarry, shall if such miscarriage be not caused in
\ngood faith for the purpose of saving the life of the woman, be
\npunished with imprisonment of either description for a term which may
\nextend to three years, or with fine, or with both; and, if the woman
\nbe quick with child, shall be punished with imprisonment of either
\ndescription for a term which may extend to seven years, and shall also
\nbe liable to fine.<\/p>\n

Explanation.-A woman who causes herself to miscarry, is within
\nthe meaning of this section.<\/p>\n

313.<\/p>\n

Causing miscarriage without womans consent.<\/p>\n

313. Causing miscarriage without womans consent.–Whoever
\ncommits the offence defined in the last preceding section without the
\nconsent of the woman, whether the woman is quick with child or not,
\nshall be punished with 2*[imprisonment for life], or with
\nimprisonment of either description for a term which may extend to ten
\nyears, and shall also be liable to fine.<\/p>\n

314.<\/p>\n

Death caused by act done with intent to cause miscarriage.<\/p>\n

314. Death caused by act done with intent to cause miscarriage.–
\nWhoever, with intent to cause the miscarriage of a woman with child,
\ndoes any act which causes the death of such woman, shall be punished
\nwith imprisonment of either description for a term which may extend to
\nten years, and shall also be liable to fine;<\/p>\n

if act done without womans consent.<\/p>\n

if act done without womans consent.–and if the act is done
\nwithout the consent of the woman, shall be punished either with
\n2*[imprisonment for life], or with the punishment above mentioned.<\/p>\n

Explanation.-It is not essential to this offence that the
\noffender should know that the act is likely to cause death.<\/p>\n

315.<\/p>\n

Act done with intent to prevent child being born alive or to cause it
\nto die after birth.<\/p>\n

315. Act done with intent to prevent child being born alive or to
\ncause it to die after birth.–Whoever before the birth of any child
\ndoes any act with the intention of thereby preventing that child from
\nbeing born alive or causing it to die after its birth, and does by
\nsuch
\n———————————————————————-
\n1. Subs. by Act 8 of 1882, s. 7, for “and shall also be liable to
\nfine”.<\/p>\n

2. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife”.
\n———————————————————————-<\/p>\n

172.
\nact prevent that child FROM being born alive, or causes it to die
\nafter its birth, shall, if such act be not caused in good faith for
\nthe purpose of saving the life of the mother, be punished with
\nimprisonment of either description for a term which may extend to ten
\nyears, or with fine, or with both.<\/p>\n

316.<\/p>\n

Causing death of quick unborn child by act amounting to culpable
\nhomicide.<\/p>\n

316. Causing death of quick unborn child by act amounting to
\nculpable homicide.–Whoever does any act under such circumstances,
\nthat if he thereby caused death he would be guilty of culpable
\nhomicide, and does by such act cause the death of a quick unborn
\nchild, shall be punished with imprisonment of either description for a
\nterm which may extend to ten years, and shall also be liable to fine.<\/p>\n

Illustration<\/p>\n

A, knowing that he is likely to cause the death of a pregnant
\nwoman, does an act which, if it caused the death of the woman, would
\namount to culpable homicide. The woman is injured, but does not die;
\nbut the death of an unborn quick child with which she is pregnant is
\nthereby caused. A is guilty of the offence defined in this section.<\/p>\n

317.<\/p>\n

Exposure and abandonment of child under twelve years, by parent or
\nperson HAVING care of it.<\/p>\n

317. Exposure and abandonment of child under twelve years, by
\nparent or person HAVING care of it.–Whoever being the father or
\nmother of a child under the age of twelve years, or HAVING the care of
\nsuch child, shall expose or leave such child in any place with the
\nintention of wholly abandoning such child, shall be punished with
\nimprisonment of either description for a term which may extend to
\nseven years, or with fine, or with both.<\/p>\n

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

318.<\/p>\n

Concealment of birth by secret disposal of dead body.<\/p>\n

318. Concealment of birth by secret disposal of dead body.–
\nWhoever, by secretly burying or otherwise disposing of the dead body
\nof a child whether such child die before or after or during its birth,
\nintentionally conceals or endeavors to conceal the birth of such
\nchild, shall be punished with imprisonment of either description for a
\nterm which may extend to two years, or with fine, or with both.<\/p>\n

Of hurt<\/p>\n

319.<\/p>\n

Hurt.<\/p>\n

319. Hurt.–Whoever causes bodily pain, disease or infirmity to
\nany person is said to cause hurt.<\/p>\n

320.<\/p>\n

Grievous hurt.<\/p>\n

320. Grievous hurt.–The following kinds of hurt only are
\ndesignated as “grievous”:-<\/p>\n

First.-Emasculation.<\/p>\n

Secondly.-Permanent privation of the sight of either eye.<\/p>\n

Thirdly.-Permanent privation of the hearing of either ear.<\/p>\n

Fourthly.-Privation of any member or joint.<\/p>\n

Fifthly.-Destruction or permanent impairing of the powers of
\nany member or joint.<\/p>\n

Sixthly.-Permanent disfiguration of the head or face.<\/p>\n

Seventhly.-Fracture or dislocation of a bone or tooth.<\/p>\n

Eighthly.-Any hurt which endangers life or which causes the
\nsufferer to be during the space of twenty days in severe bodily
\npain, or unable to follow his ordinary pursuits.<\/p>\n

173.<\/p>\n

321.
\nVoluntarily causing hurt.<\/p>\n

321. Voluntarily causing hurt.–Whoever does any act with the
\nintention of thereby causing hurt to any person, or with the knowledge
\nthat he is likely thereby to cause hurt to any person, and does
\nthereby cause hurt to any person, is said “voluntarily to cause hurt”.<\/p>\n

322.<\/p>\n

Voluntarily causing grievous hurt.<\/p>\n

322. Voluntarily causing grievous hurt.–Whoever voluntarily
\ncauses hurt, if the hurt which he intends to cause or knows himself to
\nbe likely to cause is grievous hurt, and if the hurt which he causes
\nis grievous hurt, is said “voluntarily to cause grievous hurt”.<\/p>\n

Explanation.-A person is not said voluntarily to cause grievous
\nhurt except when he both causes grievous hurt and intends or knows
\nhimself to be likely to cause grievous hurt. But he is said
\nvoluntarily to cause grievous hurt, if intending or knowing himself to
\nbe likely to cause grievous hurt of one kind, he actually causes
\ngrievous hurt of another kind.<\/p>\n

Illustration<\/p>\n

A, intending of knowing himself to be likely permanently to
\ndisfigure Zs face, gives Z a blow which does not permanently
\ndisfigure Zs face, but which causes Z to suffer severe bodily pain
\nfor the space of twenty days. A has voluntarily caused grievous hurt.<\/p>\n

323.<\/p>\n

Punishment for voluntarily causing hurt.<\/p>\n

323. Punishment for voluntarily causing hurt.–Whoever, except in
\nthe case provided for by section 334, voluntarily causes hurt, shall
\nbe punished with imprisonment of either description for a term which
\nmay extend to one year, or with fine which may extend to one thousand
\nrupees, or with both.<\/p>\n

324.<\/p>\n

Voluntarily causing hurt by dangerous weapons or means.<\/p>\n

324. Voluntarily causing hurt by dangerous weapons or means.–
\nWhoever, except in the case provided for by section 334, voluntarily
\ncauses hurt by means of any instrument for shooting, stabbing or
\ncutting, or any instrument which, used as a weapon of offence, is
\nlikely to cause death, or by means of fire or any heated substance, or
\nby means of any poison or any corrosive substance, or by means of any
\nexplosive substance or by means of any substance which it is
\ndeleterious to the human body to inhale, to swallow, or to receive
\nINTO the blood, or by means of any animal, shall be punished with
\nimprisonment of either description for a term which may extend to
\nthree years, or with fine, or with both.<\/p>\n

325.<\/p>\n

Punishment for voluntarily causing grievous hurt<\/p>\n

325. Punishment for voluntarily causing grievous hurt.-Whoever,
\nexcept in the case provided for by section 335, voluntarily causes
\ngrievous hurt, shall be punished with imprisonment of either
\ndescription for a term which may extend to seven years, and shall also
\nbe liable to fine.<\/p>\n

326.<\/p>\n

Voluntarily causing grievous hurt by dangerous weapons or means.<\/p>\n

326. Voluntarily causing grievous hurt by dangerous weapons or
\nmeans.–Whoever, except in the case provided for by section 335,
\nvoluntarily causes grievous hurt by means of any instrument for
\nshooting, stabbing or cutting, or any instrument which, used as a
\nweapon of offence, is likely to cause death, or by means of fire or
\nany heated substance, or by means of any poison or any corrosive
\nsubstance, or by means of any explosive substance, or by means of any
\nsubstance which it is deleterious to the human body to inhale, to
\nswallow, or to receive INTO the blood, or by means of any animal,
\nshall be punished with 1*[imprisonment for life], or with
\nimprisonment of either description for a term which may extend to ten
\nyears, and shall also be liable to fine.
\n———————————————————————-
\n1. Subs, by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife”.
\n———————————————————————-<\/p>\n

174.<\/p>\n

327.<\/p>\n

Voluntarily causing hurt to extort property, or to constrain to an
\nillegal to an act.<\/p>\n

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

328.<\/p>\n

Causing hurt by means of poison, etc., with intent to commit and
\noffence.<\/p>\n

328. Causing hurt by means of poison, etc., with intent to commit
\nand offence.–Whoever administers to or causes to be taken by any
\nperson any poison or any stupefying, intoxicating or unwholesome drug,
\nor other thing with intent to cause hurt to such person, or with
\nintent to commit or to facilitate the commission of an offence or
\nknowing it to be likely that he will thereby cause hurt, shall be
\npunished with imprisonment of either description for a term which may
\nextend to ten years, and shall also be liable to fine.<\/p>\n

329.<\/p>\n

Voluntarily causing grievous hurt to extort property, or to constrain
\nto an illegal act.<\/p>\n

329. Voluntarily causing grievous hurt to extort property, or to
\nconstrain to an illegal act.–Whoever voluntarily causes grievous hurt
\nfor the purpose of extorting FROM the sufferer or FROM any person
\ninterested in the sufferer any property or valuable security, or of
\nconstraining the sufferer or any person interested in such sufferer to
\ndo anything that is illegal or which may facilitate the commission of
\nan offence, shall be punished with 1*[imprisonment for life], or
\nimprisonment of either description for a term which may extend to ten
\nyears, and shall also be liable to fine.<\/p>\n

330.<\/p>\n

Voluntarily causing hurt to extort confession or to compel
\nrestoration of property.<\/p>\n

320. Voluntarily causing hurt to extort confession or to compel
\nrestoration of property.–Whoever voluntarily causes hurt, for the
\npurpose of extorting FROM the sufferer or FROM any person interested
\nin the sufferer, any confession or any information which may lead to
\nthe detection of an offence or misconduct, or for the purpose of
\nconstraining the sufferer or any person interested in the sufferer to
\nrestore or to cause the restoration of any property or valuable
\nsecurity or to satisfy any claim or demand, or to give information
\nwhich may lead to the restoration of any property or valuable
\nsecurity, shall be punished with imprisonment of either description
\nfor a term which may extend to seven years, and shall also be liable
\nto fine.<\/p>\n

Illustriations<\/p>\n

(a) A, a police-officer, tortures Z in ORDER to induce Z to
\nconfess that he committed a crime. A is guily of an offence under this
\nsection.<\/p>\n

(b) A, a police-officer, tortures B to induce him to point out
\nwhere certain stolen property is deposited. A is guilty of an offence
\nunder this section.<\/p>\n

(c) A, a revenue officer, tortures z in ORDER to compel him to
\npay certain arrears of revenue due FROM Z. A is guilty of an offence
\nunder this section.<\/p>\n

(d) A, a zamindar, tortures a raiyat in ORDER to compel him to
\npay his rent. A is guilty of an offence under this section.<\/p>\n

331.
\nVoluntarily causing grievous hurt to extort confession, or to compel
\nrestoration of property.<\/p>\n

331. Voluntarily causing grievous hurt to extort confession, or
\nto compel restoration of property.–Whoever voluntarily causes
\ngrievous hurt for the purpose of extorting FROM the sufferer or from
\nany person interested in the sufferer any confession or any
\ninformation which may lead to the detection of an offence or
\nmisconduct, or for the purpose of constraining the sufferer or any
\nperson
\n———————————————————————-
\n1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife”.
\n———————————————————————-<\/p>\n

175.
\ninterested in the sufferer to restore or to cause the restoration of
\nany property or valuable security, or to satisfy any claim or demand
\nor to give information which may lead to the restoration of any
\nproperty or valuable security shall be punished with imprisonment of
\neither description for a term which may extend to ten years, and shall
\nalso be liable to fine.<\/p>\n

332.<\/p>\n

Voluntarily causing hurt to deter public servant FROM his duty.<\/p>\n

332. Voluntarily causing hurt to deter public servant FROM his
\nduty.–Whoever voluntarily causes hurt to any person being a public
\nservant in the discharge of his duty as such public servant, or with
\nintent to prevent or deter that person or any other public servant
\nFROM discharging his duty as such public servant, or in consequence of
\nanything done or attempted to be done by that person in the lawful
\ndischarge of his duty as such public servant, shall be punished with
\nimprisonment of either description for a term which may extend to
\nthree years, or with fine, or with both.<\/p>\n

333.<\/p>\n

Voluntarily causing grievous hurt to deter public servant FROM his
\nduty.<\/p>\n

333. Voluntarily causing grievous hurt to deter public servant
\nFROM his duty.–Whoever voluntarily causes grievous hurt to any person
\nbeing a public servant in the discharge of his duty as such public
\nservant, or with intent to prevent or deter that person or any other
\npublic servant FROM discharging his duty as such public servant, or in
\nconsequence of anything done or attempted to be done by that person in
\nthe lawful discharge of his duty as such public servant, shall be
\npunished with imprisonment of either description for a term which may
\nextend to ten years, and shall also be liable to fine.<\/p>\n

334.<\/p>\n

Voluntarily causing hurt on provocation.<\/p>\n

334. Voluntarily causing hurt on provocation.–Whoever
\nvoluntarily causes hurt on grave and sudden provocation, if he neither
\nintends nor knows himself to be likely to cause hurt to any person
\nother than the person who gave the provocation, shall be punished with
\nimprisonment of either description for a term which may extend to one
\nmonth, or with fine which may extend to five hundred rupees, or with
\nboth.<\/p>\n

335.<\/p>\n

Voluntarily causing grievous hurt on provocation.<\/p>\n

335. Voluntarily causing grievous hurt on provocation.–Whoever
\n1*[voluntarily] causes grievous hurt on grave and sudden provocation,
\nif he neither intends nor knows himself to be likely to cause grievous
\nhurt to any person other than the person who gave the provocation
\nshall be punished with imprisonment of either description for a term
\nwhich may extend to four years, or with fine which may extend to two
\nthousand rupees, or with both.<\/p>\n

Explanation.-The last two sections are subject to the same
\nprovisos as Exception 1, section 300.<\/p>\n

336.<\/p>\n

Act endangering life or personal safety of others.<\/p>\n

336. Act endangering life or personal safety of others.–Whoever
\ndoes any act so rashly or negligently as to endanger human life or the
\npersonal safety others, shall be punished with imprisonment of either
\ndescription for a term which may extend to three months or with fine
\nwhich may extend to two hundred and fifty rupees, or with both.<\/p>\n

337.<\/p>\n

Causing hurt by act endangering life or personal safety of others.<\/p>\n

337. Causing hurt by act endangering life or personal safety of
\nothers.–Whoever causes hurt to any person by doing any act so rashly
\nor negligently as to endanger human life, or the personal safety of
\nothers, shall be punished with imprisonment of either description for
\na term which may extend to six months, or with fine which may extend
\nto five hundred rupees, or with both.
\n———————————————————————-
\n1. Ins. by Act 8 of 1882, s. 8,
\n———————————————————————-<\/p>\n

176.<\/p>\n

338.<\/p>\n

Causing grievous hurt by act endangering life or personal safety of
\nothers.<\/p>\n

338. Causing grievous hurt by act endangering life or personal
\nsafety of others.–Whoever causes grievous hurt to any person by doing
\nany act so rashly or negligently as to endanger human life, or the
\npersonal safety of others, shall be punished with imprisonment of
\neither description for a term which may extend to two years, or with
\nfine which may extend to one thousand rupees, or with both.<\/p>\n

Of wrongful restraint and wrongful confinement<\/p>\n

339.<\/p>\n

Wrongful restraint.<\/p>\n

339. Wrongful restraint.–Whoever voluntarily obstructs any
\nperson so as to prevent that person FROM proceeding in any direction
\nin which that person has a right to proceed, is said wrongfully to
\nrestrain that person.<\/p>\n

Exception.-The obstruction of a private way over land or water
\nwhich a person in good faith believes himself to have a lawful right
\nto obstruct, is not an offence within the meaning of this section.<\/p>\n

Illustration<\/p>\n

A obstructs a path along which Z has a right to pass. A not
\nbelieving in good faith that he has a right to stop the path. Z is
\nthereby prevented FROM passing. A wrongfully restrains Z.<\/p>\n

340.<\/p>\n

Wrongful confinement.<\/p>\n

340. Wrongful confinement.–Whoever wrongfully restrains any
\nperson in such a manner as to prevent that person FROM proceeding
\nbeyond certain circumscribing limits, is said “wrongfully to confine”
\nthat person.<\/p>\n

Illustrations<\/p>\n

(a) A causes Z to go within a walled space, and locks Z. Z is
\nthus prevented FROM proceeding in any direction beyond the
\ncircumscribing line of wall. A wrongfully confines z.<\/p>\n

(b) A places men with firearms at the outlets of a building, and
\ntells Z that they will fire at Z if Z attempts leave the building. A
\nwrongfully confines Z.<\/p>\n

341.
\nPunishment for wrongful restraint.<\/p>\n

341. Punishment for wrongful restraint.–Whoever wrongfully
\nrestrains any person shall be punished with simple imprisonment for a
\nterm which may extend to one month, or with fine which may extend to
\nfive hundred rupees, or with both.<\/p>\n

342.<\/p>\n

Punishment for wrongful confinement.<\/p>\n

342. Punishment for wrongful confinement.–Whoever wrongfully
\nconfines any person shall be punished with simple imprisonment of
\neither description for a term which may extend to one year, or with
\nfine which may extend to one thousand rupees, or with both.<\/p>\n

343.<\/p>\n

Wrongful confinement for three or more days.<\/p>\n

343. Wrongful confinement for three or more days.–Whoever
\nwrongfully confines any person for three days or more, shall be
\npunished with imprisonment of either description for a term which may
\nextend to two years, or with fine, or with both.<\/p>\n

344.<\/p>\n

Wrongful confinement for ten or more days.<\/p>\n

344. Wrongful confinement for ten or more days.–Whoever
\nwrongfully confines any person for ten days, or more, shall be
\npunished with imprisonment of either description for a term which may
\nextend to three years, and shall also be liable to fine.<\/p>\n

177.<\/p>\n

345.<\/p>\n

Wrongful confinement of person for whose liberation writ has been
\nissued.<\/p>\n

345. Wrongful confinement of person for whose liberation writ has
\nbeen issued.–Whoever keeps any person in wrongful confinement,
\nknowing that a writ for the liberation of that person has been duly
\nissued, shall be punished with imprisonment of either description for
\na term which may extend to two years in addition to any term of
\nimprisonment to which he may be liable under any other section of this
\nChapter.<\/p>\n

346.<\/p>\n

Wrongful confinement in secret.<\/p>\n

346. Wrongful confinement in secret.–Whoever wrongfully confines
\nany person in such manner as to indicate an intention that the
\nconfinement of such person may not be known to any person interested
\nin the person so confined, or to any public servant, or that the place
\nof such confinement may not be known to or discovered by any such
\nperson or public servant as hereinbefore mentioned, shall be punished
\nwith imprisonment of either description for a term which may extend to
\ntwo years in addition to any other punishment to which he may be
\nliable for such wrongful confinement.<\/p>\n

347.<\/p>\n

Wrongful confinement to extort property, or constrain to illegal act.<\/p>\n

347. Wrongful confinement to extort property, or constrain to
\nillegal act.–Whoever wrongfully confines any person for the purpose
\nof extorting FROM the person confined, or FROM any person interested
\nin the person confined, any property or valuable security or of
\nconstraining the person confined or any person interested in such
\nperson to do anything illegal or to give any information which may
\nfacilitate the commission of an offence, shall be punished with
\nimprisonment of either description for a term which may extend to
\nthree years, and shall also be liable to fine.<\/p>\n

348.<\/p>\n

Wrongful confinement to extort confession, or compel restoration of
\nproperty.<\/p>\n

348. Wrongful confinement to extort confession, or compel
\nrestoration of property.–Whoever wrongfully confines any person for
\nthe purpose of extorting FROM the person confined or any person
\ninterested in the person confined any confession or any information
\nwhich may lead to the detection of an offence or misconduct, or for
\nthe purpose of constraining the person confined or any person
\ninterested in the person confined to restore or to cause the
\nrestoration of any property or valuable security or to satisfy any
\nclaim or demand, or to give information which may lead to the
\nrestoration of any property or valuable security, shall be punished
\nwith imprisonment of either description for a term which may extend to
\nthree years, and shall also be liable to fine.<\/p>\n

Of criminal force and assault<\/p>\n

349.<\/p>\n

Force.<\/p>\n

349. Force.–A person is said to use force to another if he
\ncauses motion, change of motion, or cessation of motion to that other,
\nor if he causes to any substance such motion, or change of motion, or
\ncessation of motion as brings that substance INTO contact with any
\npart of that others body, or with anything which that other is
\nwearing or carrying, or with anything so situated that such contact
\naffects that others sense of feeling: Provided that the person
\ncausing the motion, or change of motion, or cessation of motion,
\ncauses that motion, change of motion, or cessation of motion in one of
\nthe three ways hereinafter described:<\/p>\n

First.-By his own bodily power.<\/p>\n

Secondly.-By disposing any substance in such a manner that the
\nmotion or change or cessation of motion takes place without any
\nfurther act on his part, or on the part of any other person.<\/p>\n

Thirdly.-By inducing any animal to move, to change its motion, or
\nto cease to move.<\/p>\n

178.<\/p>\n

350.<\/p>\n

Criminal force.<\/p>\n

350. Criminal force.–Whoever intentionally uses force to any
\nperson, without that persons consent, in ORDER to the committing of
\nany offence, or intending by the use of such force to cause, or
\nknowing it to be likely that by the use of such force he will cause
\ninjury, fear or annoyance to the person to whom the force is used, is
\nsaid to use criminal force to that other.<\/p>\n

Illustrations<\/p>\n

(a) Z is sitting in a moored boat on a river. A unfastens the
\nmoorings, and thus intentionally causes the boat to drift down the
\nstream. Here A intentionally causes motion to Z, and he does this by
\ndisposing substances in such a manner that the motion is produced
\nwithout any other action on any persons part. A has therefore
\nintentionally used force to Z; and if he has done so without Zs
\nconsent, in ORDER to the committing of any offence, or intending or
\nknowing it to be likely that this use of force will cause injury, fear
\nor annoyance to Z, A has used criminal force to Z.<\/p>\n

(b) Z is riding in a chariot. A lashes Zs horses and thereby
\ncauses them to quicken their pace. Here A has caused change of motion
\nto Z by inducing the animals to change their motion. A has therefore
\nused force to Z; and if A has done this without Zs consent, intending
\nor knowing it to be likely that he may thereby injure, frighten or
\nannoy Z, A has used criminal force to Z.<\/p>\n

(c) Z is riding in a palanquin. A, intending to rob Z, seizes the
\npole and stops the palanquin. Here A has caused cessation of motion to
\nZ, and he has done this by his own bodily power. A has therefore used
\nforce to Z; and as A has acted thus intentionally, without Zs
\nconsent, in ORDER to the commission of an offence. A has used
\ncriminal force to Z.<\/p>\n

(d) A intentionally pushes against Z in the street. Here A has by
\nhis own bodily power moved his own person so as to bring it into
\ncontact with Z. He has therefore intentionally used force to Z; and if
\nhe has done so without Zs consent, intending or knowing it to be
\nlikely that he may thereby injure, frighten or annoy Z, he has used
\ncriminal force to Z.<\/p>\n

(e) A throws a stone, intending or knowing it to be likely that
\nthe stone will be thus brought INTO contact with Z, or with Zs
\nclothes, or with something carried by Z, or that it will strike water,
\nand dash up the water against Zs clothes or something carried by Z.
\nHere, if the throwing of the stone produce the effect of causing any
\nsubstance to come INTO contact with Z, or Zs clothes, A has used
\nforce to Z, and if he did so without Zs consent, intending thereby to
\ninjure, frighten or annoy Z, he has used criminal force to Z.<\/p>\n

(f) A intentionally pulls up a Womans veil. Here A intentionally
\nuses force to her, and if he does so without her consent intending or
\nknowing it to be likely that he may thereby injure, frighten or
\nannoy her, he has used criminal force to her.<\/p>\n

(g) Z is bathing. A pours INTO the bath water which he knows to
\nbe boiling. Here A intentionally by his own bodily power causes such
\nmotion in the boiling water as brings that water INTO contact with Z,
\nor with other water so situated that such contact must affect Zs
\nsense of feeling, A has therefore intentionally used force to Z; and
\nif he has done this without Zs consent intending or knowing it to be
\nlikely that he may thereby cause injury, fear or annoyance to Z, A has
\nused criminal force.<\/p>\n

179.
\n(h) A incites a dog to spring upon Z, without Zs consent. Here,
\nif A intends to cause injury, fear or annoyance to Z, he uses
\ncriminal force to Z.<\/p>\n

351.
\nAssault.<\/p>\n

351. Assault.–Whoever makes any gesture, or any preparation
\nintending or knowing it to be likely that such gesture or preparation
\nwill cause any person present to apprehend that he who makes that
\ngesture or preparation is about to use criminal force to that person,
\nis said to commit an assault.<\/p>\n

Explanation.-Mere words do not amount to an assault. But the
\nwords which a person uses may give to his gestures or preparation such
\na meaning as may make those gestures or preparations amount to an
\nassault.<\/p>\n

Illustrations<\/p>\n

(a) A shakes his fist at Z, intending or knowing it to be likely
\nthat he may thereby cause Z to believe that A is about to strike Z. A
\nhas committed an assault.<\/p>\n

(b) A begins to unloose the muzzle of a ferocious dog, intending
\nor knowing it to be likely that he may thereby cause Z to believe that
\nhe is about to cause the dog to attack Z. A has committed an assault
\nupon Z.<\/p>\n

(c) A takes up a stick, saying to Z, “I will give you a beating”.
\nHere, though the words used by A could in no case amount to an
\nassault, and though the mere gesture, unaccompanied by any other
\ncircumstances, might not amount to an assault,the gesture explained by
\nthe words may amount to an assault.<\/p>\n

352.<\/p>\n

Punishment for assault or criminal force otherwise than on grave
\nprovocation.<\/p>\n

352. Punishment for assault or criminal force otherwise than on
\ngrave provocation.–Whoever assaults or uses criminal force to any
\nperson otherwise than on grave and sudden provocation given by that
\nperson, shall be punished with imprisonment of either description for
\na term which may extend to three months, or with fine which may extend
\nto five hundred rupees, or with both.<\/p>\n

Explanation.-Grave and sudden provocation will not mitigate the
\npunishment for an offence under this section, if the provocation is
\nsought or voluntarily provoked by the offender as an excuse for the
\noffence, or<\/p>\n

if the provocation is given by anything done in obedience to the
\nlaw, or by a public servant, in the lawful exercise of the powers of
\nsuch public servant, or<\/p>\n

if the provocation is given by anything done in the lawful
\nexercise of the right of private defence.<\/p>\n

Whether the provocation was grave and sudden enough to mitigate
\nthe offence, is a question of fact.<\/p>\n

353.<\/p>\n

Assault or criminal force to deter public servant FROM discharge of
\nhis duty.<\/p>\n

353. Assault or criminal force to deter public servant from
\ndischarge of his duty.–Whoever assaults or uses criminal force to any
\nperson being a public servant in the execution of his duty as such
\npublic servant, or with intent to prevent or deter that person from
\ndischarging his duty as such public servant, or in consequence of
\nanything done or attempted to be done by such person to the lawful
\ndischarge of his duty as such public servant, shall be punished with
\nimprisonment of either description for a term which may extend to two
\nyears, or with fine, or with both.<\/p>\n

180<\/p>\n

354.<\/p>\n

Assault or criminal force to woman with intent to outrage her
\nmodesty.<\/p>\n

354. Assault or criminal force to woman with intent to outrage
\nher modesty.–Whoever assaults or uses criminal force to any woman,
\nintending to outrage or knowing it to be likely that he will there by
\noutrage her modesty, shall be punished with imprisonment of either
\ndescription for a term which may extend to two years, or with fine, or
\nwith both.<\/p>\n

355.<\/p>\n

Assault or criminal force with intent to dishonour person, otherwise
\nthan on grave provocation.<\/p>\n

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

356.<\/p>\n

Assault or criminal force in attempt to commit theft of property
\ncarried by a person.<\/p>\n

356. Assault or criminal force in attempt to commit theft of
\nproperty carried by a person.–Whoever assaults or uses criminal force
\nto any person, in attempting to commit theft on any property which
\nthat person is then wearing or carrying shall be punished with
\nimprisonment of either description for a term which may extend to two
\nyears, or with fine, or with both.<\/p>\n

357.<\/p>\n

Assault or criminal force in attempt wrongfully to confine a person.<\/p>\n

357. Assault or criminal force in attempt wrongfully to confine a
\nperson.–Whoever assaults or uses criminal force to any person, in
\nattempting wrongfully to confine that person, shall be punished with
\nimprisonment of either description for a term which may extend to one
\nyear, or with fine which may extend to one thousand rupees, or with
\nboth.<\/p>\n

358.<\/p>\n

Assault or criminal force on grave provocation.<\/p>\n

358. Assault or criminal force on grave provocation.–Whoever
\nassaults or uses criminal force to any person on grave and sudden
\nprovocation given by that person, shall be punished with simple
\nimprisonment for a term which may extend to one month, or with fine
\nwhich may extend to two hundred rupees, or with both.<\/p>\n

Explanation.-The last section is subject to the same explanation
\nas section 352.
\nOf kidnapping, abduction, slavery and forced labour<\/p>\n

359.<\/p>\n

Kidnapping.<\/p>\n

359. Kidnapping.–Kidnapping is of two kinds : kidnapping from
\n1*[India], and kidnapping FROM lawful guardianship.<\/p>\n

360.<\/p>\n

Kidnapping FROM India.<\/p>\n

360. Kidnapping FROM India.–Whoever conveys any person beyond
\nthe limits of 1*[India] without the consent of that person, or of
\nsome person legally authorized to consent on behalf of that person, is
\nsaid to kidnap that person FROM 1*[India].<\/p>\n

361.
\nKidnapping FROM lawful guardianship.<\/p>\n

361. Kidnapping FROM lawful guardianship.–Whoever takes or
\nentices any minor under 2*[sixteen] years of age if a male, or
\nunder 3*[eighteen] years of age if a female, or any person of
\nunsound mind, out of the keeping of the lawful guardian of such minor
\nor person of unsound mind, without the consent of such guardian, is
\nsaid to kidnap such minor or person FROM lawful guardianship.<\/p>\n

Explanation.-The words “lawful guardian” in this section include
\nany person lawfully entrusted with the care or custody of such minor
\nor other person.
\n———————————————————————-
\n1. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States.”<\/p>\n

2. Subs. by Act 42 of 1949, s. 2, for “fourteen”.<\/p>\n

3. Subs., by s. 2, ibid., for “sixteen”.
\n———————————————————————-<\/p>\n

181.
\nException.-This section does not extend to the act of any person
\nwho in good faith believes himself to be the father of an illegitimate
\nchild, or who in good faith believes himself to be entitled to the
\nlawful custody of such child, unless such act is committed for an
\nimmoral or unlawful purpose.<\/p>\n

362.<\/p>\n

Abduction.<\/p>\n

362. Abduction.–Whoever by force compels, or by any deceitful
\nmeans induces any person to go FROM any place, is said to abduct that
\nperson.<\/p>\n

363.<\/p>\n

Punishment for kidnapping.<\/p>\n

363. Punishment for kidnapping.–Whoever kidnaps any person from
\n1*[India] or FROM lawful guardianship, shall be punished with
\nimprisonment of either description for a term which may extend to
\nseven years, and shall also be liable to fine.<\/p>\n

363A.<\/p>\n

Kidnapping or maiming a minor for purposes of begging.<\/p>\n

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

(2) Whoever maims any minor in ORDER that such minor may be
\nemployed or used for the purposes of begging shall be punishable with
\nimprisonment for life, and shall also be liable to fine.<\/p>\n

(3) Where any person, not being the lawful guardian of a minor,
\nemploys or uses such minor for the purposes of begging, it shall be
\npresumed, unless the contrary is proved, that he kidnapped or
\notherwise obtained the custody of that minor in ORDER that the minor
\nmight be employed or used for the purposes of begging.<\/p>\n

(4) In this section,-<\/p>\n

(a) “begging” means-<\/p>\n

(i) soliciting or receiving alms in a public place,
\nwhether under the pretence of singing, dancing,
\nfortunetelling, performing tricks or selling articles or
\notherwise;<\/p>\n

(ii) entering on any private premises for the purpose of
\nsoliciting or receiving alms;<\/p>\n

(iii) exposing or exhibiting, with the object of
\nobtaining or extorting alms, any sore, wound, injury,
\ndeformity or disease, whether of himself or of any other
\nperson or of an animal;<\/p>\n

(iv) using a minor as an exhibit for the purpose of
\nsoliciting or receiving alms;<\/p>\n

(b) “minor” means-<\/p>\n

(i) in the case of a male, a person under sixteen years
\nof age; and<\/p>\n

(ii) in the case of a female, a person under eighteen
\nyears of age.]
\n———————————————————————-
\n1. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.<\/p>\n

2. Ins. by Act 52 of 1959, s. 2 (w.e.f. 15-1-1960).
\n———————————————————————-<\/p>\n

182.<\/p>\n

364.<\/p>\n

Kidnapping or abducting in ORDER to murder.<\/p>\n

364. Kidnapping or abducting in ORDER to murder.–Whoever kidnaps
\nor abducts any person in ORDER that such person may be murdered or may
\nbe so disposed of as to be put in danger of being murdered, shall be
\npunished with 1*[imprisonment for life] or rigorous imprisonment
\nfor a term which may extend to ten years, and shall also be liable to
\nfine.<\/p>\n

IIIustrations<\/p>\n

(a) A kidnaps Z FROM 2*[India], intending or knowing it to be
\nlikely that Z may be sacrificed to an idol. A has committed the
\noffence defined in this section.<\/p>\n

(b) A forcibly carries or entices B away FROM his home in order
\nthat B may be murdered. A has committed the offence defined in this
\nsection.<\/p>\n

364A.<\/p>\n

Kidnappin for ransom, etc.<\/p>\n

3*364A. Kidnapping for ransom, etc.-Whoever kidnaps or abducts
\nany person or keeps a person in detention after such kidnapping or
\nabduction, and threatens to cause death or hurt to such person, or by
\nhis conduct gives rise to a reasonable appreension that such person
\nmay be put to death or hurt, or causes hurt or death to such person in
\nORDER to compel the Government or any foreign State or international
\ninter-governmental organisation or any other person to do or abstain
\nFROM doing any act or to pay a ransom, shall be punishable with death
\nor imprisonment for life, and shall also be liable to fine.<\/p>\n

365.<\/p>\n

Kidnapping or abducting with intent secretly and wrongfully to confine
\nperson.<\/p>\n

365. Kidnapping or abducting with intent secretly and wrongfully
\nto confine person.–Whoever kidnaps or abducts any person with intent
\nto cause that person to be secretly and wrongfully confined, shall be
\npunished with imprisonment of either description for a term which may
\nextend to seven years, and shall also be liable to fine.<\/p>\n

366.<\/p>\n

Kidnapping, abducting or inducing woman to compel her marriage, etc.<\/p>\n

366. Kidnapping, abducting or inducing woman to compel her
\nmarriage, etc.–Whoever kidnaps or abducts any woman with intent that
\nshe may be compelled, or knowing it to be likely that she will be
\ncompelled, to marry any person against her will, or in ORDER that she
\nmay be forced or seduced to illicit intercourse, or knowing it to be
\nlikely that she will be forced or seduced to illicit intercourse,
\nshall be punished with imprisonment of either description for a term
\nwhich may extend to ten years, and shall also be liable to fine;
\n3*[and whoever, by means of criminal intimidation as defined in this
\nCode or of abuse of authority or any other method of compulsion,
\ninduces any woman to go FROM any place with intent that she may be, or
\nknowing that it is likely that she will be, forced or seduced to
\nillicit intercourse with another person shall also be punishable as
\naforesaid].<\/p>\n

4*[366A.<\/p>\n

Procuration of minor girl.<\/p>\n

6*[366A. Procuration of minor girl.–Whoever, by any means
\nwhatsoever, induces any minor girl under the age of eighteen years to
\ngo FROM any place or to do any act with intent that such girl may be,
\nor knowing that it is likely that she will be, forced or seduced to
\nillicit intercourse with another person shall be punishable with
\nimprisonment which may extend to ten years, and shall also be liable
\nto fine.<\/p>\n

366B.<\/p>\n

Importation of girl FROM foreign country.<\/p>\n

366B. Importation of girl FROM foreign country.–Whoever imports
\nINTO 2*[India] FROM any country outside India 7*[or FROM the State
\nof Jammu and Kashmir] any girl under the age of twenty-one years with
\nintent that she may be, or knowing it to be likely that she will be,
\nforced or seduced to illicit intercourse with another person,<\/p>\n

5* * * * *<\/p>\n

shall be punishable with imprisonment which may extend to ten
\nyears, and shall also be liable to fine.]
\n———————————————————————-
\n1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife”.
\n2. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.
\n3. Ins. by Act 42 of 1997 s. 2. 4. Subs. by Act 24 of 1995, s. 2. 5. Ins. by Act 20 of 1923, s. 2. 6. Ins. by s.3, ibid.
\n7. Ins. by Act 3 of 1951, s.3 and Sch.,
\n8. Certain words omitted by s.3 and Sch., ibid.
\n———————————————————————-<\/p>\n

183.<\/p>\n

367.<\/p>\n

Kidnapping or abducting in ORDER to subject person to grievous hurt,
\nslavery, etc.<\/p>\n

367. Kidnapping or abducting in ORDER to subject person to
\ngrievous hurt, slavery, etc.–Whoever kidnaps or abducts any person in
\nORDER that such person may be subjected, or may be so disposed of as
\nto be put in danger of being subjected to grievous hurt, or slavery,
\nor to the unnatural lust of any person, or knowing it to be likely
\nthat such person will be so subjected or disposed of, shall be
\npunished with imprisonment of either description for a term which may
\nextend to ten years, and shall also be liable to fine.<\/p>\n

368.<\/p>\n

Wrongfully concealing or keeping in confinement, kidnapped or abducted
\nperson.<\/p>\n

368. Wrongfully concealing or keeping in confinement, kidnapped
\nor abducted person.–Whoever, knowing that any person has been
\nkidnapped or has been abducted, wrongfully conceals or confines such
\nperson, shall be punished in the same manner as if he had kidnapped or
\nabducted such person with the same intention or knowledge, or for the
\nsame purpose as that with or for which he conceals or detains such
\nperson in confinement.<\/p>\n

369.<\/p>\n

Kidnapping or abducting child under ten years with intent to steal
\nFROM its person.<\/p>\n

369. Kidnapping or abducting child under ten years with intent to
\nsteal FROM its person.–Whoever kidnaps or abducts any child under the
\nage of ten years with the intention of taking dishonestly any movable
\nproperty FROM the person of such child, shall be punished with
\nimprisonment of either description for a term which may extend to
\nseven years, and shall also be liable to fine.<\/p>\n

370.<\/p>\n

Buying or disposing of any person as a slave.<\/p>\n

370. Buying or disposing of any person as a slave.–Whoever
\nimports, exports, removes, buys, sells or disposes of any person as a
\nslave, or accepts, receives or detains against his will any person as
\na slave, shall be punished with imprisonment of either description for
\na term which may extend to seven years, and shall also be liable to
\nfine.<\/p>\n

371.
\nHabitual dealing in slaves.<\/p>\n

371. Habitual dealing in slaves.–Whoever habitually imports,
\nexports, removes, buys, sells traffics or deals in slaves, shall be
\npunished with 1*[imprisonment for life], or with imprisonment of
\neither description for a term not exceeding ten years, and shall also
\nbe liable to fine.<\/p>\n

372.<\/p>\n

Selling minor for purposes of prostitution, etc.<\/p>\n

372. Selling minor for purposes of prostitution, etc.–Whoever
\nsells, lets to hire, or otherwise disposes of any 2*[person under
\nthe age of eighteen years with intent that such person shall at any
\nage be employed or used for the purpose of prostitution or illicit
\nintercourse with any person or for any unlawful and immoral purpose,
\nor knowing it to be likely that such person will at any age be]
\nemployed or used for any such purpose, shall be punished with
\nimprisonment of either description for a term which may extend to ten
\nyears, and shall also be liable to fine.<\/p>\n

3*[Explanation I.-When a female under the age of eighteen
\nyears is sold, let for hire, or otherwise disposed of to a prostitute
\nor to any person who keeps or manages a brothel, the person so
\ndisposing of such female shall, until the contrary is proved, be
\npresumed to have disposed of her with the intent that she shall be
\nused for the purpose of prostitution.<\/p>\n

Explanation II.-For the purposes of this section “illicit
\nintercourse” means sexual intercourse between persons not united by
\nmarriage, or by any union or tie which though not amounting to a
\nmarriage, is recognised by the personal law or custom of the community
\nto which they belong or, where they belong to different communities,
\nof both such communities, as constituting between them a quasi-marital
\nrelation.]<\/p>\n

373.<\/p>\n

Buying minor for purposes of prostitution, etc.<\/p>\n

373. Buying minor for purposes of prostitution, etc.–Whoever
\nbuys, hires or otherwise obtains possession of any 2*[person under
\nthe age of eighteen years with intent that such person shall at
\n———————————————————————-
\n1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife”.
\n2. Subs. by Act 18 of 1924, s. 2, for “minor under the age of
\neighteen years with intent that such minor shall be employed or
\nused for the purpose of prostitution or for any unlawful and
\nimmoral purpose, or knowing it to be likely that such minor will
\nbe”.
\n3. Ins. by s.3, ibid,<\/p>\n

184.
\nany age be employed or used for the purpose of prostitution or illicit
\nintercourse with any person or for any unlawful and immoral purpose,
\nor knowing it to be likely that such person will at any age be]
\nemployed or used for any such purpose, shall be punished with
\nimprisonment of either description for a term which may extend to ten
\nyears, and shall also be liable to fine.<\/p>\n

1*[Explanation I.-Any prostitute or any person keeping or
\nmanaging a brothel, who buys, hires or otherwise obtains possession of
\na female under the age of eighteen years shall, until the contrary is
\nproved, be presumed to have obtained possession of such female with
\nthe intent that she shall be used for the purpose of prostitution.<\/p>\n

Explanation II.-“Illicit intercourse” has the same meaning as in
\nsection 372.]<\/p>\n

374.<\/p>\n

Unlawful compulsory labour.<\/p>\n

374. Unlawful compulsory labour.–Whoever unlawfully compels any
\nperson to labour against the will of that person, shall be punished
\nwith imprisonment of either description for a term which may extend to
\none year, or with fine, or with both.<\/p>\n

2*[Sexual offences<\/p>\n

375.<\/p>\n

Rape.<\/p>\n

375. Rape.–A man is said to commit “rape” who, except in the
\ncase hereinafter excepted, has sexual intercourse with a woman under
\ncircumstances falling under any of the six following descriptions:-<\/p>\n

First.-Against her will.<\/p>\n

Secondly.-Without her consent.<\/p>\n

Thirdly.-With her consent, when her consent has been
\nobtained by putting her or any person in whom she is interested
\nin fear of death or of hurt.<\/p>\n

Fourthly.-With her consent, when the man knows that he is
\nnot her husband, and that her consent is given because she
\nbelieves that he is another man to whom she is or believes
\nherself to be lawfully married.<\/p>\n

Fifthly.-With her consent, when, at the time of giving such
\nconsent, by reason of unsoundness of mind or intoxication or the
\nadministration by him personally or through another of any
\nstupefying or unwholesome substance, she is unable to understand
\nthe nature and consequences of that to which she gives consent.<\/p>\n

Sixthly.-With or without her consent, when she is under
\nsixteen years of age.<\/p>\n

Explanation.-Penetration is sufficient to constitute the sexual
\nintercourse necessary to the offence of rape.<\/p>\n

Exception.-Sexual intercourse by a man with his own wife, the
\nwife not being under fifteen years of age, is not rape.<\/p>\n

376.<\/p>\n

Punishment for rape.<\/p>\n

376. Punishment for rape.–(1) Whoever, except in the cases
\nprovided for by sub-section (2), commits rape shall be punished with
\nimprisonment of either description for a term which shall not be less
\nthan seven years but which may be for life or for a term which may
\nextend to ten years and shall also be liable to fine unless the woman
\nraped is his own wife and is not under twelve years of age, in which
\ncase, he shall be punished with imprisonment of either description for
\na term which may extend to two years or with fine or with both:
\n———————————————————————-
\n1. Ins. by Act 18 of 1924, s. 4. 2. Subs. by Act 43 of 1983, s.3 for the heading “Of rape” and ss.
\n375 and 376. ———————————————————————-<\/p>\n

185.
\nProvided that the court may, for adequate and special reasons to
\nbe mentioned in the judgment, impose a sentence of imprisonment for a
\nterm of less than seven years.<\/p>\n

(2) Whoever,-<\/p>\n

(a) being a police officer commits rape-<\/p>\n

(i) within the limits of the police station to which
\nhe is appointed; or<\/p>\n

(ii) in the premises of any station house whether or
\nnot situated in the police station to which he is
\nappointed; or<\/p>\n

(iii) on a woman in his custody or in the custody of a
\npolice officer subordinate to him; or<\/p>\n

(b) being a public servant, takes advantage of his official
\nposition and commits rape on a woman in his custody as such
\npublic servant or in the custody of a public servant subordinate
\nto him; or<\/p>\n

(c) being on the management or on the staff of a jail,
\nremand home or other place of custody established by or under any
\nlaw for the time being in force or of a womens or childrens
\ninstitution takes advantage of his official position and commits
\nrape on any inmate of such jail, remand home, place or
\ninstitution; or<\/p>\n

(d) being on the management or on the staff of a hospital,
\ntakes advantage of his official position and commits rape on a
\nwoman in that hospital; or<\/p>\n

(e) commits rape on a woman knowing her to be pregnant; or<\/p>\n

(f) commits rape on a woman when she is under twelve years
\nof age; or<\/p>\n

(g) commits gang rape,<\/p>\n

shall be punished with rigorous imprisonment for a term which shall
\nnot be less than ten years but which may be for life and shall also be
\nliable to fine:<\/p>\n

Provided that the court may, for adequate and special reasons to
\nbe mentioned in the judgment, impose a sentence of imprisonment of
\neither description for a term of less than ten years.<\/p>\n

Explanation 1.-Where a womens is raped by one or more in a group
\nof persons acting in furtherance of their common intention, each of
\nthe persons shall be deemed to have committed gang rape within the
\nmeaning of this sub-section.<\/p>\n

Explanation 2.-“womens or childrens institution” means an
\ninstitution, whether called and orphanage or a home for neglected
\nwomen or children or a widows home or by any other name, which is
\nestablished and maintained for the reception and care of women or
\nchildren.<\/p>\n

Explanation 3.-“hospital” means the precincts of the hospital and
\nincludes the precincts of any institution for the reception and
\ntreatment of persons during convalescence or of persons requiring
\nmedical attention or rehabilitation.<\/p>\n

376A.<\/p>\n

Intercourse by a man with his wife during separation.<\/p>\n

376A. Intercourse by a man with his wife during separation.–
\nWhoever has sexual intercourse with his own wife, who is living
\nseparately FROM him under a decree of separation or under any custom
\nor usage without her consent shall be punished with imprisonment of
\neither description for a term which may extend to two years and shall
\nalso be liable to fine.<\/p>\n

186.<\/p>\n

376B.<\/p>\n

Intercourse by public servant with woman in his custody.<\/p>\n

376B. Intercourse by public servant with woman in his custody.–
\nWhoever, being a public servant, takes advantage of his official
\nposition and induces or seduces, any woman, who is in his custody as
\nsuch public servant or in the custody of a public servant subordinate
\nto him, to have sexual intercourse with him, such sexual intercourse
\nnot amounting to the offence of rape, shall be punished with
\nimprisonment of either description for a term which may extend to five
\nyears and shall also be liable to fine.<\/p>\n

376C.<\/p>\n

Intercourse by superintendent of jail, remand home, etc.<\/p>\n

376C. Intercourse by superintendent of jail, remand home, etc.–
\nWhoever, being the superintendent or manager of a jail, remand home or
\nother place of custody established by or under any law for the time
\nbeing in force or of a womens or childrens institution takes
\nadvantage of his official position and induces or seduces any female
\ninmate of such jail, remand home, place or institution to have sexual
\nintercourse with him, such sexual intercourse not amounting to the
\noffence of rape, shall be punished with imprisonment of either
\ndescription for a term which may extend to five years and shall also
\nbe liable to fine.<\/p>\n

Explanation 1.-“Superintendent” in relation to a jail, remand
\nhome or other place of custody or a womens or childrens institution,
\nincludes a person holding any other office in such jail, remand home,
\nplace or institution by virtue of which he can exercise any authority
\nor control over its inmates.<\/p>\n

Explanation 2.-The expression “womens or childrens institution”
\nshall have the same meaning as in Explanation 2 to sub-section (2) of
\nsection 376.<\/p>\n

376D.<\/p>\n

Intercourse by any member of the management or staff of a hospital
\nwith any woman in that hospital.<\/p>\n

376D. Intercourse by any member of the management or staff of a
\nhospital with any woman in that hospital.–Whoever, being on the
\nmanagement of a hospital or being on the staff of a hospital takes
\nadvantage of his position and has sexual intercourse with any woman in
\nthat hospital, such sexual intercourse not amounting to the offence of
\nrape, shall be punished with imprisonment of either description for a
\nterm which may extend to five years and shall also be liable to fine.<\/p>\n

Explanation.-The expression “hospital” shall have the same
\nmeaning as in Explanation 3 to sub-section (2) of section 376.]<\/p>\n

Of unnatural offences<\/p>\n

377.<\/p>\n

Unnatural offences.<\/p>\n

377. Unnatural offences.–Whoever voluntarily has carnal
\nintercourse against the ORDER of nature with any man, woman or animal,
\nshall be punished with 1*[imprisonment for life], or with
\nimprisonment of either description for a term which may extend to ten
\nyears, and shall also be liable to fine.<\/p>\n

Explanation.-Penetration is sufficient to constitute the carnal
\nintercourse necessary to the offence described in this section.<\/p>\n

CHAPTER XVII<\/p>\n
OF OFFENCES AGAINST PROPERTY<\/span><\/strong><\/div>\n

<\/span><\/strong><\/div>\n

\u00a0<\/p>\n

<\/span><\/strong><\/span><\/strong><\/p>\n

\u00a0<\/p>\n

378. Theft.–Whoever, intending to take dishonestly any movable
\nproperty out of the possession of any person without that persons
\nconsent, moves that property in ORDER to such taking, is said to
\ncommit theft.<\/p>\n

Explanation 1.-A thing so long as it is attached to the earth,
\nnot being movable property, is not the subject of theft; but it
\nbecomes capable of being the subject of theft as soon as it is severed
\nFROM the earth.
\n———————————————————————-
\n1. Subs, by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife “.
\n———————————————————————-<\/p>\n

187.
\nExplanation 2.-A moving effected by the same act which effects
\nthe severance may be a theft.<\/p>\n

Explanation 3.-A person is said to cause a thing to move by
\nremoving an obstacle which prevented it FROM moving or by separating
\nit FROM any other thing, as well as by actually moving it.<\/p>\n

Explanation 4.-A person, who by any means causes an animal to
\nmove, is said to move that animal, and to move everything which, in
\nconsequence of the motion so caused, is moved by that animal.<\/p>\n

Explanation 5.-The consent mentioned in the definition may be
\nexpress or implied, and may be given either by the person in
\npossession, or by any person HAVING for that purpose authority either
\nexpress or implied.<\/p>\n

Illustrations<\/p>\n

(a) A cuts down a tree on Zs ground, with the intention of
\ndishonestly taking the tree out of Zs possession without Zs consent.
\nHere, as soon as A has severed the tree in ORDER to such taking, he
\nhas committed theft.<\/p>\n

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

(c) A meets a bullock carrying a box of treasure. He drives the
\nbullock in a certain direction, in ORDER that he may dishonestly take
\nthe treasure. As soon as the bullock begins to move, A has committed
\ntheft of the treasure.<\/p>\n

(d) A being Zs servant, and entrusted by Z with the care of Zs
\nplate, dishonestly runs away with the plate, without Zs consent. A
\nhas committed theft.<\/p>\n

(e) Z, going on a journey, entrusts his plate to A, the keeper of
\na warehouse, till Z shall return. A carries the plate to a goldsmith
\nand sells it. Here the plate was not in Zs possession. It could not
\ntherefore be taken out of Zs possession, and A has not committed
\ntheft, though he may have committed criminal breach of trust.<\/p>\n

(f) A finds a ring belonging to Z on a TABLE in the house which Z
\noccupies. Here the ring is in Zs possession, and if A dishonestly
\nremoves it, A commits theft.<\/p>\n

(g) A finds a ring lying on the high-road, not in the possession
\nof any person. A, by taking it, commits no theft, though he may commit
\ncriminal misappropriation of property.<\/p>\n

(h) A sees a ring belonging to Z lying on a TABLE in Zs house.
\nNot venturing to misappropriate the ring immediately for fear of
\nsearch and detection, A hides the ring in a place where it is highly
\nimprobable that it will ever be found by Z, with the intention of
\ntaking the ring FROM the hiding place and selling it when the loss is
\nforgotten. Here A, at the time of first moving the ring, commits
\ntheft.<\/p>\n

(i) A delivers his watch to Z, a jeweller, to be regulated. Z
\ncarries it to his shop. A, not owing to the jeweller any debt for
\nwhich the jeweller might lawfully detain the watch as a security,
\nenters the shop openly, takes his watch by force out of Zs hand, and
\ncarries it away. Here A, though he may have committed criminal
\ntrespass and assault, has not committed theft, inasmuch as what he did
\nwas not done dishonestly.<\/p>\n

188.
\n(j) If A owes money to Z for repairing the watch, and if Z
\nretains the watch lawfully as a security for the debt, and A takes the
\nwatch out of Zs possession, with the intention of depriving Z of the
\nproperty as a security for his debt, he commits theft, inasmuch as he
\ntakes it dishonestly.<\/p>\n

(k) Again, if A, HAVING pawned his watch to Z, takes it out of
\nZs possession without Zs consent, not HAVING paid what he borrowed
\non the watch, he commits theft, though the watch is his own property
\ninasmuch as he takes it dishonestly.<\/p>\n

(l) A takes an article belonging to Z out of Zs possession
\nwithout Zs consent, with the intention of keeping it until he obtains
\nmoney FROM Z as a reward for its restoration. Here A takes
\ndishonestly; A has therefor committed theft.<\/p>\n

(m) A, being on friendly terms with Z, goes INTO Zs library in
\nZs absence, and takes away a book without Zs express consent for the
\npurpose merely of reading it, and with the intention of returning it.
\nHere, it is probable that A may have conceived that he had Zs implied
\nconsent to use Zs book. If this was As impression, A has not
\ncommitted theft.<\/p>\n

(n) A asks charity FROM Zs wife. She gives A money, food and
\nclothes, which A knows to belong to Z her husband. Here it is probable
\nthat A may conceive that Zs wife is authorized to give away alms. If
\nthis was As impression, A has not committed theft.<\/p>\n

(o) A is the paramour of Zs wife. She gives a valuable property,
\nwhich A knows to belong to her husband Z, and to be such property as
\nshe has not authority FROM Z to give. If A takes the property
\ndishonestly, he commits theft.<\/p>\n

(p) A, in good faith, believing property belonging to Z to be As
\nown property, takes that property out of Bs possession. Here, as A
\ndoes not take dishonestly, he does not commit theft.<\/p>\n

379.<\/p>\n

Punishment for theft.<\/p>\n

379. Punishment for theft.–Whoever commits theft shall be
\npunished with imprisonment of either description for a term which may
\nextend to three years, or with fine, or with both.<\/p>\n

380.<\/p>\n

Theft in dwelling house, etc.<\/p>\n

380. Theft in dwelling house, etc.–Whoever commits theft in any
\nbuilding, tent or vessel, which building, tent or vessel is used as a
\nhuman dwelling, or used for the custody of property, shall be punished
\nwith imprisonment of either description for a term which may extend to
\nseven years, and shall also be liable to fine.<\/p>\n

381.
\nTheft by clerk or servant of property in possession of master.<\/p>\n

381. Theft by clerk or servant of property in possession of
\nmaster.–Whoever, being a clerk or servant, or being employed in the
\ncapacity of a clerk or servant, commits theft in respect of any
\nproperty in the possession of his master or employer, shall be
\npunished with imprisonment of either description for a term which may
\nextend to seven years, and shall also be liable to fine.<\/p>\n

382.<\/p>\n

Theft after preparation made for causing death, hurt or restraint in
\nORDER to the committing of the theft.<\/p>\n

382. Theft after preparation made for causing death, hurt or
\nrestraint in ORDER to the committing of the theft.–Whoever commits
\ntheft, HAVING made preparation for causing death, or hurt, or
\nrestraint, or fear of death, or of hurt, or of restraint, to any
\nperson, in ORDER to the committing of such theft, or in ORDER to the
\neffecting of his escape after the committing of such theft or in order
\nto the retaining of property taken by such theft, shall be punished
\nwith rigorous imprisonment for a term which may extend to ten years,
\nand shall also be liable to fine.<\/p>\n

Illustrations<\/p>\n

(a) A commits theft on property in Zs possession; and, while
\ncommitting this theft, he has a loaded pistol under his garment,
\nHAVING provided this pistol for the purpose of hurting Z in case Z
\nshould resist. A has committed the offence defined in this section.<\/p>\n

189.
\n(b) A picks Zs pocket, HAVING posted several of his companions
\nnear him, in ORDER that they may restrain Z, if Z should perceive what
\nis passing and should resist, or should attempt to apprehend A. A has
\ncommitted the offence defined in this section.<\/p>\n

Of extortion<\/p>\n

383.<\/p>\n

Extortion.<\/p>\n

383. Extortion.–Whoever intentionally puts any person in fear of
\nany injury to that person, or to any other, and thereby dishonestly
\ninduces the person so put in fear to deliver to any person any
\nproperty, or valuable security or anything signed or sealed which may
\nbe converted INTO a valuable security, commits “extortion”.<\/p>\n

Illustrations<\/p>\n

(a) A threatens to publish a defamatory libel concerning Z unless
\nZ gives him money. He thus induces Z to give him money. A has
\ncommitted extortion.<\/p>\n

(b) A threatens Z that he will keep Zs child in worngful
\nconfinement, unless Z will sign and deliver to A a promissory note
\nbinding Z to pay certain monies to A to Z sings and delivers the note.
\nA has committed extortion.<\/p>\n

(c) A threatens to send club-men to plough up Zs field unless Z
\nwill sign and deliver to B a bond binding Z under a penalty to deliver
\ncertain produce to B, and thereby induces Z to sign and deliver the
\nbond. A has committed extortion.<\/p>\n

(d) A, by putting Z in fear of grievous hurt, dishonestly induces
\nZ to sign or affix his seal to a blank paper and deliver it to A. Z
\nsings and delivers the paper to A. Here, as the paper so signed may be
\nconverted INTO a valuable security A has committed extortion.<\/p>\n

384.<\/p>\n

Punishment for extortion.<\/p>\n

384. Punishment for extortion.–Whoever commits extortion shall
\nbe punished with imprisonment of either description for a term which
\nmay extend to three years, or with fine, or with both.<\/p>\n

385.<\/p>\n

Putting person in fear of injury in ORDER to commit extortion.<\/p>\n

385. Putting person in fear of injury in ORDER to commit
\nextortion.–Whoever, in ORDER to the committing of extortion, puts any
\nperson in fear, or attempts to put any person in fear, of any injury,
\nshall be punished with imprisonment of either description for a term
\nwhich may extend to two years, or with fine, or with both.<\/p>\n

386.<\/p>\n

Extortion by putting a person in fear of death or grievous hurt.<\/p>\n

386. Extortion by putting a person in fear of death or grievous
\nhurt.–Whoever commits extortion by putting any person in fear of
\ndeath or of grievous hurt to that person or to any other, shall be
\npunished with imprisonment of either description for a term which may
\nextend to ten years, and shall also be liable to fine.<\/p>\n

387.<\/p>\n

Putting person in fear of death or of grievous hurt, in ORDER to
\ncommit extortion.<\/p>\n

387. Putting person in fear of death or of grievous hurt, in
\nORDER to commit extortion.–Whoever in ORDER to the committing of
\nextortion, puts or attempts to put any person in fear of death or of
\ngrievous hurt to that person or to any other, shall be punished with
\nimprisonment of either description for a term which may extend to
\nseven years, and shall also be liable to fine.<\/p>\n

388.<\/p>\n

Extortion by threat of accusation of an offence punishable with death
\nor imprisonment for life, etc.<\/p>\n

388. Extortion by threat of accusation of an offence punishable
\nwith death or imprisonment for life, etc.–Whoever commits extortion
\nby putting any person in fear of an accusation against that person or
\nany other, of HAVING committed or attempted to commit any offence
\npunishable with death, or with 1*[imprisonment for life], or with
\nimprisonment for a term which may extend to ten years, or of having
\nattempted to induce any other person to commit such offence, shall
\n———————————————————————-
\n1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife”.
\n———————————————————————-<\/p>\n

190<\/p>\n

shall be punished with imprisonment of either description for a term
\nwhich may extend to ten years, and shall also be liable to fine; and,
\nif the offence be one punishable under section 377 of this Code, may
\nbe punished with 1*[imprisonment for life].<\/p>\n

389.<\/p>\n

Putting person in fear or accusation of offence, in ORDER to commit
\nextortion.<\/p>\n

389. Putting person in fear or accusation of offence, in ORDER to
\ncommit extortion.–Whoever, in ORDER to the committing of extortion,
\nputs or attempts to put any person in fear of an accusation, against
\nthat person or any other, of HAVING committed, or attempted to commit,
\nan offence punishable with death or with 1*[imprisonment for life],
\nor with imprisonment for a term which may extend to ten years, shall
\nbe punished with imprisonment of either description for a term which
\nmay extend to ten years, and shall also be liable to fine; and, if the
\noffence be punishable under section 377 of this Code, may be punished
\nwith 1*[imprisonment for life].<\/p>\n

Of robbery and dacoity<\/p>\n

390.<\/p>\n

Robbery.<\/p>\n

390. Robbery.–In all robbery there is either theft or extortion.<\/p>\n

When theft is robbery.<\/p>\n

When theft is robbery.–Theft is “robbery” if, in ORDER to the
\ncommitting of the theft, or in committing the theft, or in carrying
\naway or attempting to carry away property obtained by the theft, the
\noffender, for that end, voluntarily causes or attempts to cause to any
\nperson death or hurt or wrongful restraint, or fear of instant death
\nor of instant hurt, or of instant wrongful restraint.<\/p>\n

When extortion is robbery.<\/p>\n

When extortion is robbery.–Extortion is “robbery” if the
\noffender, at the time of committing the extortion, is in the presence
\nof the person put in fear, and commits the extortion by putting that
\nperson in fear of instant death, of instant hurt, or of instant
\nwrongful restraint to that person or to some other person, and, by so
\nputting in fear, induces the person, so put in fear then and there to
\ndeliver up the thing extorted.<\/p>\n

Explanation.-The offender is said to be present if he is
\nsufficiently near to put the other person in fear of instant death, of
\ninstant hurt, or of instant wrongful restraint.<\/p>\n

Illustrations<\/p>\n

(a) A holds Z down, and fraudulently takes Zs money and jewels
\nFROM Zs clothes, without Zs consent. Here A has committed theft,
\nand, in ORDER to the committing of that theft, has voluntarily caused
\nwrongful restraint to Z. A has therefore committed robbery.<\/p>\n

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

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

(d) A obtains property FROM Z by saying-“Your child is in the
\nhands of my gang, and will be put to death unless you send us ten
\nthousand rupees”. This is extortion, and punishable as such: but it is
\nnot robbery, unless Z is put in fear of the instant death of his
\nchild.<\/p>\n

391.
\nDacoity.<\/p>\n

391. Dacoity.–When five or more persons conjointly commit or
\nattempt to commit a robbery, or where the whole number of persons
\nconjointly committing or attempting to commit a robbery, and persons
\npresent and aiding such commission or attempt, amount to five or more,
\nevery person so committing, attempting or aiding, is said to commit
\n“dacoity”.
\n———————————————————————-
\n1. Subs, by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife.”
\n———————————————————————-<\/p>\n

191.<\/p>\n

392.<\/p>\n

Punishment for robbery.<\/p>\n

392. Punishment for robbery.–Whoever commits robbery shall be
\npunished with rigorous imprisonment for a term which may extend to ten
\nyears, and shall also be liable to fine; and, if the robbery be
\ncommitted on the highway between sunset and sunrise, the imprisonment
\nmay be extended to fourteen years.<\/p>\n

393.<\/p>\n

Attempt to commit robbery.<\/p>\n

393. Attempt to commit robbery.–Whoever attempts to commit
\nrobbery shall be punished with rigorous imprisonment for a term which
\nmay extend to seven years, and shall also be liable to fine.<\/p>\n

394.<\/p>\n

Voluntarily causing hurt in committing robbery.<\/p>\n

394. Voluntarily causing hurt in committing robbery.–If any
\nperson, in committing or in attempting to commit robbery, voluntarily
\ncauses hurt, such person, and any other person jointly concerned in
\ncommitting or attempting to commit such robbery, shall be punished
\nwith 1*[imprisonment for life], or with rigorous imprisonment for a
\nterm which may extend to ten years, and shall also be liable to fine.<\/p>\n

395.<\/p>\n

Punishment for dacoity.<\/p>\n

395. Punishment for dacoity.–Whoever commits dacoity shall be
\npunished with 1*[imprisonment for life], or with rigorous
\nimprisonment for a term which may extend to ten years, and shall also
\nbe liable to fine.<\/p>\n

396.<\/p>\n

Dacoity with murder.<\/p>\n

396. Dacoity with murder.–If any one of five or more persons,
\nwho are conjointly committing dacoity, commits murder in so committing
\ndacoity, every one of those persons shall be punished with death, or
\n1*[imprisonment for life], or rigorous imprisonment for a term which
\nmay extend to ten years, and shall also be liable to fine.<\/p>\n

397.<\/p>\n

Robbery or dacoity, with attempt to cause death or grievous hurt.<\/p>\n

397. Robbery or dacoity, with attempt to cause death or grievous
\nhurt.–If, at the time of committing robbery or dacoity, the offender
\nuses any deadly weapon, or causes grievous hurt to any person, so
\nattempts to cause death or grievous hurt to any person, the
\nimprisonment with which such offender shall be punished shall not be
\nless than seven years.<\/p>\n

398.<\/p>\n

Attempt to commit robbery or dacoity when armed with deadly weapon.<\/p>\n

398. Attempt to commit robbery or dacoity when armed with deadly
\nweapon.–If, at the time of attempting to commit robbery or dacoity,
\nthe offender is armed with any deadly weapon, the imprisonment with
\nwhich such offender shall be punished shall not be less than seven
\nyears.<\/p>\n

399.<\/p>\n

Making preparation to commit dacoity.<\/p>\n

399. Making preparation to commit dacoity.–Whoever makes any
\npreparation for committing dacoity, shall be punished with rigorous
\nimprisonment for a term which may extend to ten years, and shall also
\nbe liable to fine.<\/p>\n

400.<\/p>\n

Punishment for belonging to gang of dacoits.<\/p>\n

400. Punishment for belonging to gang of dacoits.–Whoever, at
\nany time after the passing of this Act, shall belong to a gang of
\npersons associated for the purpose of habitually committing dacoity,
\nshall be punished with 1*[imprisonment for life], or with rigorous
\nimprisonment for a term which may extend to ten years, and shall also
\nbe liable to fine.<\/p>\n

401.
\nPunishment for belonging to gang of thieves.<\/p>\n

401. Punishment for belonging to gang of thieves.–Whoever, at
\nany time after the passing of this Act, shall belong to any wandering
\nor other gang of persons associated for the purpose of habitually
\ncommitting theft or robbery, and not being a gang of thugs or dacoits,
\nshall be punished with rigorous imprisonment for a term which may
\nextend to seven years, and shall also be liable to fine.<\/p>\n

402.<\/p>\n

Assembling for purpose of committing dacoity.<\/p>\n

402. Assembling for purpose of committing dacoity.–Whoever, at
\nany time after the passing of this Act, shall be one of five or more
\npersons assembled for the purpose of committing dacoity, shall be
\npunished with rigorous imprisonment for a term which may extend to
\nseven years, and shall also be liable to fine.<\/p>\n

Of criminal misappropriation of property<\/p>\n

403.<\/p>\n

Dishonest misappropriation of property.<\/p>\n

403. Dishonest misappropriation of property.–Whoever dishonestly
\nmisappropriates or converts to his own use any movable property, shall
\nbe punished with imprisonment of either description for a term which
\nmay extend to two years, or with fine, or with both.
\n———————————————————————-
\n1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife.”
\n———————————————————————-<\/p>\n

192.
\nIllustrations<\/p>\n

(a) A takes property belonging to Z out of Zs possession in good
\nfaith, believing, at the time when he takes it, that the property
\nbelongs to himself. A is not guilty of theft; but if A, after
\ndiscovering his mistake, dishonestly appropriates the property to his
\nown use, he is guilty of an offence under this section.<\/p>\n

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

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

Explanation 1.-A dishonest misappropriation for a time only is a
\nmisappropriation with the meaning of this section.<\/p>\n

Illustration<\/p>\n

A finds a Government promissory note belonging to Z, bearing a
\nblank endorsement. A, knowing that the note belongs to Z, pledges it
\nwith a banker as a security or a loan, intending at a future time to
\nrestore it to Z. A has committed an offence under this section.<\/p>\n

Explanation 2.-A person who finds property not in the possession
\nof any other person, and such property for the purpose of protecting
\nit for, or of restoring it to, the owner, does not take or
\nmisappropriate it dishonestly, and is not guilty of an offence; but he
\nis guilty of the offence above defined, if he appropriates it to his
\nown use, when he knows or has the means of discovering the owner, or
\nbefore he has used reasonable means to discover and give notice to the
\nowner and has kept the property a reasonable time to enable the owner
\nto claim it.<\/p>\n

What are reasonable means or what is a reasonable time in such a
\ncase, is a question of fact.<\/p>\n

It is not necessary that the finder should know who is the owner
\nof the property, or that any particular person is the owner of it: it
\nis sufficient if, at the time of appropriating it, he does not believe
\nit to be his own property, or in good faith believe that the real
\nowner cannot be found.<\/p>\n

Illustrations<\/p>\n

(a) A finds a rupee on the high-road, not knowing to whom the
\nrupee belong, A picks up the rupee. Here A has not committed the
\noffence defined in this section.<\/p>\n

(b) A finds a letter on the road, containing a bank note. From
\nthe direction and contents of the letter he learns to whom the note
\nbelongs. He appropriates the note. He is guilty of an offence under
\nthis section.<\/p>\n

(c) A finds a cheque payable to bearer. He can form no conjecture
\nas to the person who has lost the cheque. But the name of the person,
\nwho has drawn the cheque, appears. A knows that this person can direct
\nhim to the person in whose favour the cheque was drawn. A appropriates
\nthe cheque without attempting to discover the owner. He is guilty of
\nan offence under this section.<\/p>\n

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

(e) A finds a purse with money, not knowing to whom it belongs;
\nhe afterwards discovers that it belongs to Z, and appropriates it to
\nhis own use. A is guilty of an offence under this section.<\/p>\n

(f) A finds a valuable ring, not knowing to whom it belongs. A
\nsells it immediately without attempting to discover the owner. A is
\nguilty of an offence under this section.<\/p>\n

404.<\/p>\n

Dishonest misappropriation of property possessed by deceased person at
\nthe time of his death.<\/p>\n

404. Dishonest misappropriation of property possessed by deceased
\nperson at the time of his death.-Whoever dishonestly misappropriates
\nor converts to his own use property, knowing that such property was in
\nthe possession of a deceased person at the time of that persons
\ndecease, and has not since been in the possession of any person
\nlegally entitled to such possession, shall be punished with
\nimprisonment of either description for a term which may extend to
\nthree years, and shall also be liable to fine, and if the offender at
\nthe time of such persons decease was employed by him as a clerk or
\nservant, the imprisonment may extend to seven years.<\/p>\n

Illustration<\/p>\n

Z dies in possession of furniture and money. His servant A,
\nbefore the money comes INTO the possession of any person entitled to
\nsuch possession, dishonestly misappropriates it. A has committed the
\noffence defined in this section.<\/p>\n

Of criminal breach of trust<\/p>\n

405.<\/p>\n

Criminal breach of trust.<\/p>\n

405. Criminal breach of trust.–Whoever, being in any manner
\nentrusted with property, or with any dominion over property,
\ndishonestly misappropriates or converts to his own use that property,
\nor dishonestly uses or disposes of that property in violation of any
\ndirection of law prescribing the mode in which such trust is to be
\ndischarged, or of any legal contract, express or implied, which he has
\nmade touching the discharge of such trust, or wilfully suffers any
\nother person so to do, commits “criminal breach of trust”.<\/p>\n

1*[2*[Explanation 1].-A person, being an employer 3*[of an
\nestablishment whether exempted under section 17 of the Employees
\nProvident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) or
\nnot] who deducts the employees contribution FROM the wages payable to
\nthe employee for credit to a Provident Fund or Family Pension Fund
\nestablished by any law for the time being in force, shall be deemed to
\nhave been entrusted with the amount of the contribution so deducted by
\nhim and if he makes default in the payment of such contribution to the
\nsaid Fund in violation of the said law shall be deemed to have
\ndishonestly used the amount of the said contribution in violation of a
\ndirection of law as aforesaid.]<\/p>\n

4*[Explanation 2.-A person, being an employer, who deducts the
\nemployees contribution FROM the wages payable to the employee for
\ncredit to the Employees State Insurance Fund held and administered by
\nthe Employees State Insurance Corporation established under the
\nEmployees State Insurance Act, 1948 (34 of 1948), shall be deemed to
\nhave been entrusted with the amount of the contribution so deducted by
\nhim and if he makes default in the payment of such contribution to the
\n———————————————————————-
\n1. Ins. by Act 40 of 1973, s. 9 (w.e.f. 1-11-1973).
\n2. Explanation renumbered as Explanation 1 by Act 38 of 1975, s. 9. (w.e.f. 1-9-1975).
\n3. Ins. by Act 33 of 1988, s. 27 (w.e.f. 1-8-1988).
\n4. Ins. by Act 38 of 1975, s. 9 (w.e.f. 1-9-1975).
\n———————————————————————-<\/p>\n

194.
\nsaid Fund in violation of the said Act, shall be deemed to have
\ndishonestly used the amount of the said contribution in violation of a
\ndirection of law as aforesaid.]<\/p>\n

Illustrations<\/p>\n

(a) A, being executor to the will of a deceased person,
\ndishonestly disobeys the law which directs him to divide the effects
\naccording to the will, and appropriates them to his own use. A has
\ncommitted criminal breach of trust.<\/p>\n

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

(c) A, residing in Calcutta, is agent for Z, residing at Delhi.
\nThere is an express or implied contract between A and Z, that all sums
\nremitted by Z to A shall be invested by A, according to Zs direction.
\nZ remits a lakh of rupees to A, with directions to A to invest the
\nsame in Companys paper. A dishonestly disobeys the directions and
\nemploys the money in his own business. A has committed criminal breach
\nof trust.<\/p>\n

(d) But if A, in the last illustration, not dishonestly but in
\ngood faith, believing that it will be more for Zs advantage to hold
\nshares in the Bank of Bengal, disobeys Zs directions, and buys shares
\nin the Bank of Bengal, for Z, instead of buying Companys paper, here,
\nthought Z should suffer loss, and should be entitled to bring a civil
\naction against A, on account of that loss, yet A, not HAVING acted
\ndishonestly, has not committed criminal breach of trust.<\/p>\n

(e) A, a revenue-officer, is entrusted with public money and is
\neither directed by law, or bound by a contract, express or implied,
\nwith the Government, to pay INTO a certain treasury all the public
\nmoney which he holds. A dishonestly appropriates the money. A has
\ncommitted criminal breach of trust.<\/p>\n

(f) A, a carrier, is entrusted by Z with property to be carried
\nby land or by water. A dishonestly misappropriates the property. A has
\ncommitted criminal breach of trust.<\/p>\n

406.<\/p>\n

Punishment for criminal breach of trust.<\/p>\n

406. Punishment for criminal breach of trust.–Whoever commits
\ncriminal breach of trust shall be punished with imprisonment of either
\ndescription for a term which may extend to three years, or with fine,
\nor with both.<\/p>\n

407.<\/p>\n

Criminal breach of trust by carrier, etc.<\/p>\n

407. Criminal breach of trust by carrier, etc.–Whoever, being
\nentrusted with property as a carrier, wharfinger or warehouse-keeper,
\ncommits criminal breach of trust, in respect of such property, shall
\nbe punished with imprisonment of either description for a term which
\nmay extend to seven years, and shall also be liable to fine.<\/p>\n

408.<\/p>\n

Criminal breach of trust by clerk or servant.<\/p>\n

408. Criminal breach of trust by clerk or servant.–Whoever,
\nbeing a clerk or servant or employed as a clerk or servant, and being
\nin any manner entrusted in such capacity with property, or with any
\ndominion over property, commits criminal breach of trust in respect of
\nthat property, shall be punished with imprisonment of either
\ndescription for a term which may extend to seven years, and shall also
\nbe liable to fine.<\/p>\n

409.<\/p>\n

Criminal breach of trust by public servant, or by banker, merchant or
\nagent.<\/p>\n

409. Criminal breach of trust by public servant, or by banker,
\nmerchant or agent.–Whoever, being in any manner entrusted with
\nproperty, or with any dominion over property in his capacity of a
\npublic servant or in the way of his business as a banker, merchant,
\nfactor, broker, attorney or agent, commits criminal breach of trust in
\nrespect of that property, shall be punished with 1*[imprisonment
\nfor life], or with imprisonment of either description for a term which
\nmay extend to ten years, and shall also be liable to fine.
\n———————————————————————-
\n1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife”.
\n———————————————————————-<\/p>\n

195.
\nOF TE RECEIVING OF STOLEN PROPERTY<\/p>\n

410.<\/p>\n

Stolen property.<\/p>\n

410. Stolen property.–Property, the possession whereof has been
\ntransferred by theft, or by extortion, or by robbery, and property
\nwhich has been criminally misappropriated or in respect of which
\n1***criminal breach of trust has been committed, is designated as
\n“stolen property”, 2*[whether the transfer has been made, or the
\nmisappropriation or breach of trust has been committed, within or
\nwithout 3*[India]]. But, if such property subsequently comes into
\nthe possession of a person legally entitled to the possession thereof,
\nit then ceases to be stolen property.<\/p>\n

411.
\nDishonestly receiving stolen property.<\/p>\n

411. Dishonestly receiving stolen property.–Whoever dishonestly
\nreceives or retains any stolen property, knowing or HAVING reason to
\nbelieve the same to be stolen property, shall be punished with
\nimprisonment of either description for a term which may extend to
\nthree years, or with fine, or with both.<\/p>\n

412.<\/p>\n

Dishonestly receiving property stolen in the commission of a dacoity.<\/p>\n

412. Dishonestly receiving property stolen in the commission of a
\ndacoity.–Whoever dishonestly receives or retains any stolen property,
\nthe possession whereof he knows or has reason to believe to have been
\ntransferred by the commission of dacoity, or dishonestly receives from
\na person, whom he knows or has reason to believe to belong or to have
\nbelonged to a gang of dacoits, property which he knows or has reason
\nto believe to have been stolen, shall be punished with
\n4*[imprisonment for life], or with rigorous imprisonment for a term
\nwhich may extend to ten years, and shall also be liable to fine.<\/p>\n

413.<\/p>\n

Habitually dealing in stolen property.<\/p>\n

413. Habitually dealing in stolen property.–Whoever habitually
\nreceives or deals in property which he knows or has reason to believe
\nto be stolen property, shall be punished with 4*[imprisonment for
\nlife], or with imprisonment of either description for a term which may
\nextend to ten years, and shall also be liable to fine.<\/p>\n

414.<\/p>\n

Assisting in concealment of stolen property.<\/p>\n

414. Assisting in concealment of stolen property.–Whoever
\nvoluntarily assists in concealing or disposing of or making away with
\nproperty which he knows or has reason to believe to be stolen
\nproperty, shall be punished with imprisonment of either description
\nfor a term which may extend to three years, or with fine, or with
\nboth.<\/p>\n

Of cheating<\/p>\n

415.<\/p>\n

Cheating.<\/p>\n

415. Cheating.–Whoever, by deceiving any person, fraudulently or
\ndishonestly induces the person so deceived to deliver any property to
\nany person, or to consent that any person shall retain any property,
\nor intentionally induces the person so deceived to do or omit to do
\nanything which he would not do or omit if he were not so deceived, and
\nwhich act or omission causes or is likely to cause damage or harm to
\nthat person in body, mind, reputation or property, is said to “cheat”.<\/p>\n

Explanation.-A dishonest concealment of facts is a deception
\nwithin the meaning of this section.<\/p>\n

Illustrations<\/p>\n

(a) A, by falsely pretending to be in the Civil Service,
\nintentionally deceives Z, and thus dishonestly induces Z to let him
\nhave on credit goods for which he does not mean to pay. A cheats.
\n———————————————————————-
\n1. The words “the” and “offence of” rep. by Act 12 of 1891, s. 2 and
\nSch. I and Act 8 of 1882, s. 9, respectively.
\n2. Ins. by Act 8 of 1882 s. 9. 3. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.
\n4. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife”.
\n———————————————————————-<\/p>\n

196.
\n(b) A, by putting a counterfeit mark on an article, intentionally
\ndeceives Z INTO a belief that this article was made by a certain
\ncelebrated manufacturer, and thus dishonestly induces Z to buy and pay
\nfor the article. A cheats.<\/p>\n

(c) A, by exhibiting to Z a false sample of an article
\nintentionally deceives Z INTO believing that the article corresponds
\nwith the sample, and thereby dishonestly induces Z to buy and pay for
\nthe article. A cheats.<\/p>\n

(d) A, by tendering in payment for an article a bill on a house
\nwith which A keeps no money, and by which A expects that the bill will
\nbe dishonoured, intentionally deceives Z, and thereby dishonestly
\ninduces Z to deliver the article, intending not to pay for it. A
\ncheats<\/p>\n

(e) A, by pledging as diamond articles which he knows are not
\ndiamonds, intentionally deceives Z, and thereby dishonestly induces Z
\nto lend money. A cheats.<\/p>\n

(f) A Intentionally deceives Z INTO a belief that A means to
\nrepay any money that Z may lend to him and thereby dishonestly induces
\nZ to lend him money, A not intending to repay it. A cheats.<\/p>\n

(g) A intentionally deceives Z INTO a belief that A means to
\ndeliver to Z a certain quantity of indigo plant which he does not
\nintend to deliver, and thereby dishonestly induces Z to advance money
\nupon the faith of such delivery. A cheats; but if A, at the time of
\nobtaining the money, intends to deliver the indigo plant, and
\nafterwards breaks his contract and does not deliver it, he does not
\ncheat, but is liable only to a civil action for breach of contract.<\/p>\n

(h) A intentionally deceives Z INTO a belief that A has performed
\nAs part of a contract made with Z, which he has not performed, and
\nthereby dishonestly induces Z to pay money. A cheats.<\/p>\n

(i) A sells and conveys an estate to B. A, knowing that in
\nconsequence of such sale he has no right to the property, sells or
\nmortgages the same to Z, without disclosing the fact of the previous
\nsale and conveyance to B, and receives the purchase or mortgage money
\nFROM Z. A cheats.<\/p>\n

416.<\/p>\n

Cheating by personation.<\/p>\n

416. Cheating by personation.–A person is said to “cheat by
\npersonation” if he cheats by pretending to be some other person, or by
\nknowingly substituting one person for or another, or representing that
\nhe or any other person is a person other than he or such other person
\nreally is.<\/p>\n

Explanation.-The offence is committed whether the individual
\npersonated is a real or imaginary person.<\/p>\n

Illustrations<\/p>\n

(a) A cheats, by pretending to be a certain rich banker of the
\nsame name. A cheats by personation.<\/p>\n

(b) A cheats by pretending to be B, a person who is deceased. A
\ncheats by personation.<\/p>\n

417.<\/p>\n

Punishment for cheating.<\/p>\n

417. Punishment for cheating.-Whoever cheats shall be punished with
\nimprisonment of either description for a term which may extend to one
\nyear, or with fine, or with both.<\/p>\n

197.<\/p>\n

418.<\/p>\n

Cheating with knowledge that wrongful loss may ensue to person whose
\ninterest offender is bound to protect.<\/p>\n

418. Cheating with knowledge that wrongful loss may ensue to
\nperson whose interest offender is bound to protect.–Whoever cheats
\nwith the knowledge that he is likely thereby to cause wrongful loss to
\na person whose interest in the transaction to which the cheating
\nrelates, he was bound either by law, or by legal contract, to
\nprotect, shall be punished with imprisonment of either description for
\na term which may extend to three years, or with fine, or with both.<\/p>\n

419.<\/p>\n

Punishment for cheating by personation.<\/p>\n

419. Punishment for cheating by personation.–Whoever cheats by
\npersonation shall be punished with imprisonment of either description
\nfor a term which may extend to three years, or with fine, or with
\nboth.<\/p>\n

420.<\/p>\n

Cheating and dishonestly inducing delivery of property.<\/p>\n

420. Cheating and dishonestly inducing delivery of property.–
\nWhoever cheats and thereby dishonestly induces the person deceived to
\ndeliver any property to any person, or to make, alter or destroy the
\nwhole or any part of a valuable security, or anything which is signed
\nor sealed, and which is capable of being converted INTO a valuable
\nsecurity, shall be punished with imprisonment of either description
\nfor a term which may extend to seven years, and shall also be liable
\nto fine.<\/p>\n

Of fraudulent deeds and dispositions of property<\/p>\n

421.
\nDishonest or fraudulent removal or concealment of property to prevent
\ndistribution among creditors.<\/p>\n

421. Dishonest or fraudulent removal or concealment of property
\nto prevent distribution among creditors.–Whoever dishonestly or
\nfraudulently removes, conceals or delivers to any person, or transfers
\nor causes to be transferred to any person, without adequate
\nconsideration, any property, intending thereby to prevent, or knowing
\nit to be likely that he will thereby prevent the distribution of that
\nproperty according to law among his creditors or the creditors of any
\nother person, shall be punished with imprisonment of either
\ndescription for a term which may extend to two years, or with fine, or
\nwith both.<\/p>\n

422.<\/p>\n

Dishonestly or fraudulently preventing debt being available for
\ncreditors.<\/p>\n

422. Dishonestly or fraudulently preventing debt being available
\nfor creditors.–Whoever dishonestly or fraudulently prevents any debt
\nor demand due to himself or to any other person FROM being made
\navailable according to law for payment of his debts or the debts of
\nsuch other person, shall be punished with imprisonment of either
\ndescription for a term which may extend to two years, or with fine, or
\nwith both.<\/p>\n

423.<\/p>\n

Dishonest or fraudulent execution of deed of transfer containing false
\nstatement of consideration.<\/p>\n

423. Dishonest or fraudulent execution of deed of transfer
\ncontaining false statement of consideration.–Whoever dishonestly or
\nfraudulently signs, executes or becomes a party to any deed or
\ninstrument which purports to transfer or subject to any charge any
\nproperty, or any interest therein, and which contains any false
\nstatement relating to the consideration for such transfer or charge,
\nor relating to the person or persons for whose use or benefit it is
\nreally intended to operate, shall be punished with imprisonment of
\neither description for a term which may extend to two years, or with
\nfine, or with both.<\/p>\n

424.<\/p>\n

Dishonest or fraudulent removal or concealment of property.<\/p>\n

424. Dishonest or fraudulent removal or concealment of property.-
\nWhoever dishonestly or fraudulently conceals or removes any property
\nof himself or any other person, or dishonestly or fraudulently assists
\nin the concealment or removal thereof, or dishonestly releases any
\ndemand or claim to which he is entitled, shall be punished with
\nimprisonment of either description for a term which may extend to two
\nyears, or with fine, or with both.<\/p>\n

Of mischief<\/p>\n

425.<\/p>\n

Mischief.<\/p>\n

425. Mischief.–Whoever with intent to cause, or knowing that he
\nis likely to cause, wrongful loss or damage to the public or to any
\nperson, causes the destruction of any property, or any such change in
\nany property or in the situation thereof as destroys or diminishes its
\nvalue or utility, or affects it injuriously, commits “mischief”.<\/p>\n

198.
\nExplanation 1.-It is not essential to the offence of mischief
\nthat the offender should intend to cause loss or damage to the owner
\nof the property injured or destroyed. It is sufficient if he intends
\nto cause, or knows that he is likely to cause, wrongful loss or damage
\nto any person by injuring any property, whether it belongs to that
\nperson or not.<\/p>\n

Explanation 2.-Mischief may be committed by an act affecting
\nproperty belonging to the person who commits the act, or to that
\nperson and others jointly.<\/p>\n

Illustrations<\/p>\n

(a) A voluntarily burns a valuable security belonging to Z
\nintending to cause wrongful loss to Z. A has committed mischief.<\/p>\n

(b) A introduces water in to an ice-house belonging to Z and thus
\ncauses the ice to melt, intending wrongful loss to Z. A has committed
\nmischief.<\/p>\n

(c) A voluntarily throws INTO a river a ring belonging to Z, with
\nthe intention of there by causing wrongful loss to Z. A has committed
\nmischief.<\/p>\n

(d) A, knowing that his effects are about to be taken in
\nexecution in ORDER to satisfy a debt due FROM him to Z, destroys those
\neffects, with the intention of thereby preventing Z FROM obtaining
\nsatisfaction of the debt, and of thus causing damage to Z. A has
\ncommitted mischief.<\/p>\n

(e) A HAVING insured a ship, voluntarily causes the same to be
\ncast away, with the intention of causing damage to the underwriters.
\nA has committed mischief.<\/p>\n

(f) A causes a ship to be cast away, intending thereby to cause
\ndamage to Z who has lent money on bottomry on the ship. A has
\ncommitted mischief.<\/p>\n

(g) A, HAVING joint property with Z in a horse, shoots the horse,
\nintending thereby to cause wrongful loss to Z. A has committed
\nmischief.<\/p>\n

(h) A causes cattle to enter upon a field belonging to Z,
\nintending to cause and knowing that he is likely to cause damage to
\nZs crop. A has committed mischief.<\/p>\n

426.<\/p>\n

Punishment for mischief.<\/p>\n

426. Punishment for mischief.–Whoever commits mischief shall be
\npunished with imprisonment of either description for a term which may
\nextend to three months, or with fine, or with both.<\/p>\n

427.<\/p>\n

Mischief causing damage to the amount of fifty rupees.<\/p>\n

427. Mischief causing damage to the amount of fifty rupees.–
\nWhoever commits mischief and thereby causes loss or damage to the
\namount of fifty rupees or upwards, shall be punished with imprisonment
\nof either description for a term which may extend to two years, or
\nwith fine, or with both.<\/p>\n

428.<\/p>\n

Mischief by killing or maiming animal of the value of ten rupees.<\/p>\n

428. Mischief by killing or maiming animal of the value of ten
\nrupees.-Whoever commits mischief by killing, poisoning, maiming or
\nrendering useless any animals or animal of the value of the ten rupees
\nor upwards, shall be punished with imprisonment of either description
\nfor a term which may extend to two years, or with fine, or with both.<\/p>\n

429.<\/p>\n

Mischief by killing or maiming cattle, etc., of any value or any
\nanimal of the value of fifty rupees.<\/p>\n

429. Mischief by killing or maiming cattle, etc., of any value or
\nany animal of the value of fifty rupees.–Whoever commits mischief by
\nkilling, poisoning, maiming or rendering useless, any elephant, camel,
\nhorse, mule, buffalo, bull, cow or ox, whatever may be the value
\nthereof, of any other animal of the value of fifty rupees or upwards,
\nshall be punished with imprisonment or either description for a term
\nwhich may extend to five years, or with fine, or with both.<\/p>\n

199.<\/p>\n

430.<\/p>\n

Mischief by injury to works of irrigation or by wrongfully diverting
\nwater.<\/p>\n

430. Mischief by injury to works of irrigation or by wrongfully
\ndiverting water.–Whoever commits mischief by doing any act which
\ncauses, or which he knows to be likely to cause, a diminution of the
\nsupply of water for agricultural purposes, or for food or drink for
\nhuman beings or for animals which are property, or for cleanliness or
\nfor carrying on any manufacture, shall be punished with imprisonment
\nof either description for a term which may extend to five years, or
\nwith fine, or with both.<\/p>\n

431.
\nMischief by injury to public road, bridge, river or channel.<\/p>\n

431. Mischief by injury to public road, bridge, river or
\nchannel.–Whoever commits mischief by doing any act which renders or
\nwhich he knows to be likely to render any public road, bridge,
\nnavigable river or navigable channel, natural or artificial,
\nimpassable or less safe for travelling or conveying property, shall be
\npunished with imprisonment of either description for a term which may
\nextend to five years, or with fine, or with both.<\/p>\n

432.<\/p>\n

Mischief by causing inundation or obstruction to public drainage
\nattended with damage.<\/p>\n

432. Mischief by causing inundation or obstruction to public
\ndrainage attended with damage.–Whoever commits mischief by doing any
\nact which causes or which he knows to be likely to cause an inundation
\nor an obstruction to any public drainage attended with injury or
\ndamage, shall be punished with imprisonment of either description for
\na term which may extend to five years, or with fine, or with both.<\/p>\n

433.<\/p>\n

Mischief by destroying, moving or rendering less useful a light-house
\nor sea-mark.<\/p>\n

433. Mischief by destroying, moving or rendering less useful a
\nlight-house or sea-mark.–Whoever commits mischief by destroying or
\nmoving any light-house or other light used as a sea-mark, or any sea-
\nmark or buoy or other thing placed as a guide for navigators, or by
\nany act which renders any such light-house, sea-mark, buoy or other
\nsuch thing as aforesaid less useful as a guide for navigators, shall
\nbe punished with imprisonment of either description for a term which
\nmay extend to seven years, or with fine, or with both.<\/p>\n

434.<\/p>\n

Mischief by destroying or moving, etc., a land-mark fixed by public
\nauthority.<\/p>\n

434. Mischief by destroying or moving, etc., a land-mark fixed by
\npublic authority.–Whoever commits mischief by destroying or moving
\nany land-mark fixed by the authority of a public servant, or by any
\nact which renders such land-mark less useful as such, shall be
\npunished with imprisonment of either description for a term which may
\nextend to one year, or with fine, or with both.<\/p>\n

435.<\/p>\n

Mischief by fire or explosive substance with intent to cause damage to
\namount of one hundred or (in case of agricultural produce) ten
\nrupees.<\/p>\n

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

436.<\/p>\n

Mischief by fire or explosive substance with intent to destroy house,
\netc.<\/p>\n

436. Mischief by fire or explosive substance with intent to
\ndestroy house, etc.–Whoever commits mischief by fire or any explosive
\nsubstance, intending to cause, or knowing it to be likely that he will
\nthereby cause. the destruction of any building which is ordinarily
\nused as a place of worship or as a human dwelling or as a place for
\nthe custody of property, shall be punished with 2*[imprisonment for
\nlife], or with imprisonment of either description for a term which may
\nextend to ten years, and shall also be liable to fine.<\/p>\n

437.<\/p>\n

Mischief with intent to destroy or make unsafe a decked vessel or one
\nof twenty tons burden.<\/p>\n

437. Mischief with intent to destroy or make unsafe a decked
\nvessel or one of twenty tons burden.–Whoever commits mischief to any
\ndecked vessel or any vessel of a burden of twenty tons or upwards,
\nintending to destroy or render unsafe, or knowing it to be likely that
\nhe will thereby destroy or render unsafe, that vessel, shall be
\npunished with imprisonment of either description for a term which may
\nextend to ten years, and shall also be liable to fine.
\n———————————————————————-
\n1. Ins. by Act 8 of 1882, s. 10. 2. Subs, by Act 26 of 1955, s. 117 and Sch, for “transportation for
\nlife”.
\n———————————————————————-<\/p>\n

200<\/p>\n

438.<\/p>\n

Punishment for the mischief described in section 437 committed by fire
\nor explosive substance.<\/p>\n

438. Punishment for the mischief described in section 437. committed by fire or explosive substance.–Whoever commits, or
\nattempts to commit, by fire or any explosive substance, such mischief
\nas is described in the last preceding section. shall be punished with
\n1*[imprisonment for life]. or with imprisonment of either
\ndescription for a term which may extend to ten years, and shall also
\nbe liable to fine.<\/p>\n

439.<\/p>\n

Punishment for intentionally running vessel aground or ashore with
\nintent to commit theft, etc.<\/p>\n

439. Punishment for intentionally running vessel aground or
\nashore with intent to commit theft, etc.–Whoever intentionally runs
\nany vessel aground or ashore, intending to commit theft of any
\nproperty contained therein or to dishonestly misappropriate any such
\nproperty, or with intent that such theft or misappropriation of
\nproperty may be committed, shall be punished with imprisonment of
\neither description for a term which may extend to ten years, and shall
\nalso be liable to fine.<\/p>\n

440.<\/p>\n

Mischief committed after preparation made for causing death or hurt.<\/p>\n

440. Mischief committed after preparation made for causing death
\nor hurt.– Whoever commits mischief, HAVING made preparation for
\ncausing to any person death, or hurt, or wrongful restraint, or fear
\nof death, or hurt, or of wrongful restraint, shall be punished with
\nimprisonment of either description for a term which may extend to five
\nyears, and shall also be liable to fine.<\/p>\n

Of criminal trespass<\/p>\n

441.
\nCriminal trespass.<\/p>\n

441. Criminal trespass.–Whoever enters INTO or upon property in
\nthe possession of another with intent to commit an offence or to
\nintimidate, insult or annoy any person in possession of such property,<\/p>\n

or HAVING lawfully entered INTO or upon such property, unlawfully
\nremains there with intent thereby to intimidate, insult or annoy any
\nsuch person, or with intent to commit an offence,<\/p>\n

is said to commit “criminal trespass”.<\/p>\n

442.<\/p>\n

House-trespass.<\/p>\n

442. House-trespass.–Whoever commits criminal trespass by
\nentering INTO or remaining in any building, tent or vessel used as a
\nhuman dwelling or any building used as a place for worship, or as a
\nplace for the custody of property, is said to commit “house-trespass”.<\/p>\n

Explanation.-The introduction of any part of the criminal
\ntrespassers body is entering sufficient to constitute house-trespass.<\/p>\n

443.<\/p>\n

Lurking house-trespass.<\/p>\n

443. Lurking house-trespass.–Whoever commits house-trespass
\nHAVING taken precautions to conceal such house-trespass FROM some
\nperson who has a right to exclude or eject the trespasser FROM the
\nbuilding, tent or vessel which is the subject of the trespass, is said
\nto commit “lurking house-trespass”.<\/p>\n

444.<\/p>\n

Lurking house-trespass by night.<\/p>\n

444. Lurking house-trespass by night.–Whoever commits lurking
\nhouse-trespass after sunset and before sunrise, is said to commit
\n“lurking house-trespass by night”.<\/p>\n

445.<\/p>\n

House-breaking.<\/p>\n

445. House-breaking.–A person is said to commit “house-breaking”
\nwho commits house-trespass if he effects his entrance INTO the house
\nor any part of it in any of the six ways hereinafter described; or if,
\nbeing in the house or any part of it for the purpose of committing an
\noffence, or HAVING committed an offence therein, he quits the house or
\nany part of it in any of it in such six ways, that is to say :-<\/p>\n

First.-If he enters or quits through a passage made by himself,
\nor by any abettor of the house-trespass, in ORDER to the committing of
\nthe house-trespass.
\n———————————————————————-
\n1. Subs. by act. 26 of 1955, s. 117 and Sch., for “transportation
\nfor life”.
\n———————————————————————-<\/p>\n

201.
\nSecondly.-If he enters or quits through any passage not intended
\nby any person, other than himself or an abettor of the offence, for
\nhuman entrance; or through any passage to which he has obtained access
\nby scaling or climbing over any wall or building.<\/p>\n

Thirdly.-If he enters or quits through any passage which he or
\nany abettor of the house-trespass has opened, in ORDER to the
\ncommitting of the house-trespass by any means by which that passage
\nwas not intended by the occupier of the house to be opened.<\/p>\n

Fourthly.-If he enters or quits by opening any lock in ORDER to
\nthe committing of the house-trespass, or in ORDER to the quitting of
\nthe house after a house-trespass.<\/p>\n

Fifthly.-If he effects his entrance or departure by using
\ncriminal force or committing an assault, or by threatening any person
\nwith assault.<\/p>\n

Sixthly.-If he enters or quits by any passage which he knows to
\nhave been fastened against such entrance or departure, and to have
\nbeen unfastened by himself or by an abettor of the house-trespass.<\/p>\n

Explanation.-Any out-house or building occupied with a house, and
\nbetween which and such house there is an immediate internal
\ncommunication, is part of the house within the meaning of this
\nsection.<\/p>\n

Illustrations<\/p>\n

(a) A commits house-trespass by making a hole through the wall of
\nZs house, and putting his hand through the aperture. This is house-
\nbreaking.<\/p>\n

(b) A commits house-trespass by creeping INTO a ship at a port-
\nhole between decks. This is house-breaking.<\/p>\n

(c) A commits house-trespass by entering Zs house through a
\nwindow. This is house-breaking.<\/p>\n

(d) A commits house-trespass by entering Zs house through the
\ndoor, HAVING opened a door which was fastened. This is house-breaking.<\/p>\n

(e) A commits house-trespass by entering Zs house through the
\ndoor, HAVING lifted a latch by putting a wire through a hole in the
\ndoor. This is house-breaking.<\/p>\n

(f) A finds the key of Zs house door, which Z had lost, and
\ncommits house trespass by entering Zs house, HAVING opened the door
\nwith that key. This is house-breaking.<\/p>\n

(g) Z is standing in his doorway. A forces a passage by knocking
\nZ down, and commits house-trespass by entering the house. This is
\nhouse-breaking.<\/p>\n

(h) Z, the door-keeper of Y, is standing in Ys doorway. A
\ncommits house-trespass by entering the house, HAVING deterred Z from
\nopposing him by threatening to beat him. This is house-breaking.<\/p>\n

446.<\/p>\n

House-breaking by night.<\/p>\n

446. House-breaking by night.–Whoever commits house-breaking
\nafter sunset and before sunrise, is said to commit “house-breaking by
\nnight”.<\/p>\n

447.<\/p>\n

Punishment for criminal trespass.<\/p>\n

447. Punishment for criminal trespass.–Whoever commits criminal
\ntrespass shall be punished with imprisonment of either description for
\na term which may extend to three months, or with fine which may extend
\nto five hundred rupees, or with both.<\/p>\n

448.<\/p>\n

Punishment for house-trespass.<\/p>\n

448. Punishment for house-trespass.–Whoever commits house-
\ntrespass shall be punished with imprisonment of either description for
\na term which may extend to one year, or with fine which may extend to
\none thousand rupees, or with both.<\/p>\n

202.<\/p>\n

449.<\/p>\n

House-trespass in ORDER to commit offence punishable with death.<\/p>\n

449. House-trespass in ORDER to commit offence punishable with
\ndeath.–Whoever commits house-trespass in ORDER to the committing of
\nany offence punishable with death, shall be punished with
\n1*[imprisonment for life], or with rigorous imprisonment for a term
\nnot exceeding ten years, and shall also be liable to fine.<\/p>\n

450.<\/p>\n

House-trespass in ORDER to commit offence punishable with imprisonment
\nfor life.<\/p>\n

450. House-trespass in ORDER to commit offence punishable with
\nimprisonment for life.–Whoever commits house-trespass in ORDER to the
\ncommitting of any offence punishable with 1*[imprisonment for
\nlife], shall be punished with imprisonment of either description for a
\nterm not exceeding ten years, and shall also be liable to fine.<\/p>\n

451.
\nHouse-trespass in ORDER to commit offence punishable with
\nimprisonment.<\/p>\n

451. House-trespass in ORDER to commit offence punishable with
\nimprisonment.–Whoever commits house-trespass in ORDER to the
\ncommitting of any offence punishable with imprisonment, shall be
\npunished with imprisonment of either description for a term which may
\nextend to two years, and shall also be liable to fine; and if the
\noffence intended to be committed is theft, the term of the
\nimprisonment may be extended to seven years.<\/p>\n

452.<\/p>\n

House-trespass alter preparation for hurt, assault or wrongful
\nrestraint.<\/p>\n

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

453.<\/p>\n

Punishment for lurking house-trespass or house-breaking.<\/p>\n

453. Punishment for lurking house-trespass or house-breaking.–
\nWhoever commits lurking house-trespass or house-breaking, shall be
\npunished with imprisonment of either description for a term which may
\nextend to two years, and shall also be liable to fine.<\/p>\n

454.<\/p>\n

Lurking house-trespass or house-breaking in ORDER to commit offence
\npunishable with imprisonment.<\/p>\n

454. Lurking house-trespass or house-breaking in ORDER to commit
\noffence punishable with imprisonment.–Whoever commits lurking house-
\ntrespass or house-breaking, in ORDER to the committing of any offence
\npunishable with imprisonment, shall be punished with imprisonment of
\neither description for a term which may extend to three years, and
\nshall also be liable to fine; and if the offence intended to be
\ncommitted is theft, the term of the imprisonment may be extended to
\nten years.<\/p>\n

455.<\/p>\n

Lurking house-trespass or house-breaking after preparation for hurt,
\nassault or wrongful restraint.<\/p>\n

455. Lurking house-trespass or house-breaking after preparation
\nfor hurt, assault or wrongful restraint.–Whoever commits lurking
\nhouse-trespass, or house-breaking, HAVING made preparation for causing
\nhurt to any person, or for assaulting any person, or for wrongfully
\nrestraining any person, or for putting any person in fear of hurt or
\nof assault or of wrongful restraint, shall be punished with
\nimprisonment of either description or a term which may extend to ten
\nyears, and shall also be liable to fine.<\/p>\n

456.<\/p>\n

Punishment for lurking house-trespass or house-breaking by night.<\/p>\n

456. Punishment for lurking house-trespass or house-breaking by
\nnight.–Whoever commits lurking house-trespass by night, or house-
\nbreaking by night, shall be punished with imprisonment of either
\ndescription for a term which may extend to three years, and shall also
\nbe liable to fine.<\/p>\n

457.<\/p>\n

Lurking house-trespass or house-breaking by night in ORDER to commit
\noffence punishable with imprisonment.<\/p>\n

457. Lurking house-trespass or house-breaking by night in order
\nto commit offence punishable with imprisonment.–Whoever commits
\nlurking house-trespass by night, or house-breaking by night in order
\nto the committing of any offence punishable with imprisonment, shall
\nbe punished with imprisonment of either description for a term which
\nmay extend to five years, and shall also be liable to fine; and, if
\nthe offence intended to be committed is theft, the term of the
\nimprisonment may be extended to fourteen years.<\/p>\n

458.<\/p>\n

Lurking house-trespass or house-breaking by night after preparation
\nfor hurt, assault, or wrongful restraint.<\/p>\n

458. Lurking house-trespass or house-breaking by night after
\npreparation for hurt, assault, or wrongful restraint.–Whoever commits
\nlurking house-trespass by night, or house-breaking by night, having
\nmade preparation for causing hurt to any person or for assaulting any
\nperson, or for wrongfully restraining any person, or for putting any
\nperson in fear of hurt, or of assault, or of wrongful restraint, shall
\nbe punished with imprisonment of either description for a term which
\nmay extend to fourteen years, and shall also be liable to fine.
\n———————————————————————-
\n1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife”.
\n———————————————————————-<\/p>\n

203.<\/p>\n

459.<\/p>\n

Grievous hurt caused whilst committing lurking house-trespass or
\nhouse-breaking.<\/p>\n

459. Grievous hurt caused whilst committing lurking house-
\ntrespass or house-breaking.–Whoever, whilst committing lurking house-
\ntrespass or house-breaking, causes grievous hurt to any person or
\nattempts to cause death or grievous hurt to any person, shall be
\npunished with 1*[imprisonment for life], or imprisonment of either
\ndescription for a term which may extend to ten years, and shall also
\nbe liable to fine.<\/p>\n

460.<\/p>\n

All persons jointly concerned in lurking house-trespass or house-
\nbreaking by night punishable where death or grievous hurt caused by
\none of them.<\/p>\n

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

461.
\nDishonestly breaking open receptacle containing property.<\/p>\n

461. Dishonestly breaking open receptacle containing property.–
\nWhoever dishonestly or with intent to commit mischief, breaks open or
\nunfastens any closed receptacle which contains or which he believes to
\ncontain property, shall be punished with imprisonment of either
\ndescription for a term which may extend to two years, or with fine, or
\nwith both.<\/p>\n

462.<\/p>\n

Punishment for same offence when committed by person entrusted with
\ncustody.<\/p>\n

462. Punishment for same offence when committed by person
\nentrusted with custody.–Whoever, being entrusted with any closed
\nreceptacle which contains or which he believes to contain property
\nwithout HAVING authority to open the same, dishonestly, or with intent
\nto commit mischief, breaks open or unfastens that receptacle, shall be
\npunished with imprisonment of either description for a term which may
\nextend to three years, or with fine, or with both.<\/p>\n

\u00a0<\/p>\n

CHAPTER XVIII<\/p>\n
OF OFFENCES RELATING TO DOCUMENTS AND TO 2****PROPERTY MARKS<\/span><\/strong><\/div>\n

<\/span><\/strong><\/div>\n

463. Forgery.–Whoever makes any false document or part of a
\ndocument with intent to cause damage or injury, to the public or to
\nany person, or to support any claim or title, or to cause any person
\nto part with property, or to enter INTO any express or implied
\ncontract, or with intent to commit fraud or that fraud may be
\ncommitted, commits forgery.<\/p>\n

<\/span><\/strong><\/span><\/strong><\/p>\n

\u00a0<\/p>\n

464.<\/p>\n

Making a false document.<\/p>\n

464. Making a false document.–A person is said to make a false
\ndocument-<\/p>\n

First.-Who dishonestly or fraudulently makes, signs, seals or
\nexecutes a document or part of a document, or makes any mark denoting
\nthe execution of a document, with the intention of causing it to be
\nbelieved that such document or part of a document was made, signed,
\nsealed or executed by or by the authority of a person by whom or by
\nwhose authority he knows that it was not made, signed, sealed or
\nexecuted, or at a time at which he knows that it was not made, signed,
\nsealed or executed; or<\/p>\n

Secondly.-Who, without lawful authority, dishonestly or
\nfraudulently, by cancellation or otherwise, alters a document in any
\nmaterial part thereof, after it has been made or executed either by
\nhimself or by any other person, whether such person be living or dead
\nat the time of such alteration; or<\/p>\n

Thirdly.-Who dishonestly or fraudulently causes any person to
\nsign, seal, execute or alter a document, knowing that such person by
\nreason of unsoundness of mind or intoxication cannot, or that by
\nreason of deception practised upon him, he does not know the contents
\nof the document or the nature of the alteration.
\n———————————————————————-
\n1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife”.
\n2. The words “Trade or” omitted by Act 43 of 1958, s. 135 and Sch.
\n(w.e.f. 25-11-1959).
\n———————————————————————-<\/p>\n

204.
\nIllustrations<\/p>\n

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

(b) A without Zs authority, affixes Zs seal to a document
\npurporting to be a conveyance of an estate FROM Z to A, with the
\nintention of selling the estate to B and thereby of obtaining FROM B
\nthe purchase-money. A has committed forgery.<\/p>\n

(c) A picks up a cheque on a banker signed by B, payable to
\nbearer, but without any sum HAVING been inserted in the cheque. A
\nfraudulently fills up the cheque by inserting the sum of ten thousand
\nrupees. A commits forgery.<\/p>\n

(d) A leaves with B, his agent, a cheque on a banker, signed by
\nA, without inserting the sum payable and authorizes B to fill up the
\ncheque by inserting a sum not exceeding ten thousand rupees for the
\npurpose of making certain payments. B fraudulently fills up the cheque
\nby inserting the sum of twenty thousand rupees. B commits forgery.<\/p>\n

(e) A draws a bill of exchange on himself in the name of B
\nwithout Bs authority, intending to discount it as a genuine bill with
\na banker and intending to take up the bill on its maturity. Here, as A
\ndraws the bill with intent to deceive the banker by leading him to
\nsuppose that he had the security of B, and thereby to discount the
\nbill, A is guilty of forgery.<\/p>\n

(f) Zs will contains these words-“I direct that all my remaining
\nproperty be equally divided between A, B and C.” A dishonestly
\nscratches out Bs name, intending that it may be believed that the
\nwhole was left to himself and C. A has committed forgery.<\/p>\n

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

(h) A sells and conveys an estate to Z. A afterwards, in ORDER to
\ndefraud Z of his estate, executes a conveyance of the same estate to
\nB, dated six months earlier than the date of the conveyance to Z,
\nintending it to be believed that he had conveyed the estate to B
\nbefore he conveyed it to Z. A has committed forgery.<\/p>\n

(i) Z dictates his will to A. A intentionally writes down a
\ndifferent legatee named by Z, and by representing to Z that he has
\nprepared the will according to his instructions, induces Z to sign the
\nwill. A has committed forgery.<\/p>\n

(j) A writes a letter and signs it with Bs name without Bs
\nauthority, certifying that A is a man of good character and in
\ndistressed circumstances FROM unforeseen misfortune, intending by
\nmeans of such letter to obtain alms FROM Z and other persons. Here, as
\nA made a false document in ORDER to induce Z to part with property, A
\nhas committed forgery.<\/p>\n

(k) A without Bs authority writes a letter and signs it in Bs
\nname certifying to As character, intending thereby to obtain
\nemployment under Z. A has committed forgery inasmuch as he intended to
\ndeceive Z by the forged certificate, and thereby to induce Z to enter
\nINTO an express or implied contract for service.<\/p>\n

205.
\nExplanation I.-A mans signature of his own name may amount to
\nforgery.<\/p>\n

Illustrations<\/p>\n

(a) A signs his own name to a bill of exchange, intending that it
\nmay be believed that the bill was drawn by another person of the same
\nname. A has committed forgery.<\/p>\n

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

(c) A picks up a bill of exchange payable to the ORDER of a
\ndifferent person of the same name. A endorses the bill in his own
\nname, intending to cause it to be believed that it was endorsed by the
\nperson to whose ORDER it was payable; here A has committed forgery.<\/p>\n

(d) A purchases an estate sold under execution of a decree
\nagainst B. B, after the seizure of the estate, in collusion with Z,
\nexecutes a lease of the estate to Z at a nominal rent and for a long
\nperiod and dates the lease six months prior to the seizure, with
\nintent to defraud A, and to cause it to be believed that the lease was
\ngranted before the seizure. B, though he executes the lease in his own
\nname, commits forgery by antedating it.<\/p>\n

(e) A, a trader, in anticipation of insolvency, lodges effects
\nwith B for As benefit, and with intent to defraud his creditors; and
\nin ORDER to give a colour to the transaction, writes a promissory note
\nbinding himself to pay to B a sum for value received, and antedates
\nthe note, intending that it may be believed to have been made before A
\nwas on the point of insolvency. A has committed forgery under the
\nfirst head of the definition.<\/p>\n

Explanation 2.-The making of a false document in the name of a
\nfictious person, intending it to be believed that the document was
\nmade by real person, or in the name of a deceased person, intending it
\nto be believed that the document was made by the person in his
\nlifetime, may amount to forgery.<\/p>\n

Illustration<\/p>\n

A draws a bill of exchange upon a fictious person, and
\nfraudulently accepts the bill in the name of such fictitious person
\nwith intent to negotiate it. A commits forgery.<\/p>\n

465.<\/p>\n

Punishment for forgery.<\/p>\n

465. Punishment for forgery.–Whoever commits forgery shall be
\npunished with imprisonment of either description for a term which may
\nextend to two years, or with fine, or with both.<\/p>\n

466.<\/p>\n

Forgery of record of Court or of public register, etc.<\/p>\n

466. Forgery of record of Court or of public register, etc.–
\nWhoever forges a document, purporting to be a record or proceeding of
\nor in a Court of Justice, or a register of birth, baptism, marriage or
\nburial, or a register kept by a public servant as such, or a
\ncertificate or document purporting to be made by a public servant in
\nhis official capacity, or an authority to institute or defend a suit,
\nor to take any proceedings therein, or to confess judgment, or a power
\nof attorney, shall be punished with imprisonment of either description
\nfor a term which may extend to seven years, and shall also be liable
\nto fine.<\/p>\n

206.<\/p>\n

467.<\/p>\n

Forgery of valuable security, will, etc.<\/p>\n

467. Forgery of valuable security, will, etc.–Whoever forges a
\ndocument which purports to be a valuable security or a will, or an
\nauthority to adopt a son, or which purports to give authority to any
\nperson to make or transfer any valuable security, or to receive the
\nprincipal, interest or dividends thereon, or to receive or deliver any
\nmoney, movable property, or valuable security, or any document
\npurporting to be an acquittance or receipt acknowledging the payment
\nof money, or an acquittance or receipt for the delivery of any movable
\nproperty or valuable security, shall be punished with 1. *[imprisonment for life], or with imprisonment of either description
\nfor a term which may extend to ten years, and shall also be liable to
\nfine.<\/p>\n

468.<\/p>\n

Forgery for purpose of cheating.<\/p>\n

468. Forgery for purpose of cheating.–Whoever commits forgery,
\nintending that the document forged shall be used for the purpose of
\ncheating, shall be punished with imprisonment of either description
\nfor a term which may extend to seven years, and shall also be liable
\nto fine.<\/p>\n

469.<\/p>\n

Forgery for purpose of harming reputation.<\/p>\n

469. Forgery for purpose of harming reputation.–Whoever commits
\nforgery, intending that the document forged shall harm the reputation
\nof any party, or knowing that it is likely to be used for that
\npurpose, shall be punished with imprisonment of either description for
\na term which may extend to three years, and shall also be liable to
\nfine.<\/p>\n

470.<\/p>\n

Forged document.<\/p>\n

470. Forged document.–A false document made wholly or in part by
\nforgery is designated “a forged document”.<\/p>\n

471.
\nUsing as genuine a forged document.<\/p>\n

471. Using as genuine a forged document.–Whoever fraudulently or
\ndishonestly uses as genuine any document which he knows or has reason
\nto believe to be a forged document, shall be punished in the same
\nmanner as if he had forged such document.<\/p>\n

472.<\/p>\n

Making or possessing counterfeit seal, etc., with intent to commit
\nforgery punishable under section 467.<\/p>\n

472. Making or possessing counterfeit seal, etc., with intent to
\ncommit forgery punishable under section 467.–Whoever makes or
\ncounterfeits any seal, plate or other instrument for making an
\nimpression, intending that the same shall be used for the purpose of
\ncommitting any forgery which would be punishable under section 467 of
\nthis Code, or, with such intent, has in his possession any such seal,
\nplate or other instrument, knowing the same to be counterfeit, shall
\nbe punishable with 1*[imprisonment for life], or with imprisonment
\nof either description for a term which may extend to seven years, and
\nshall also be liable to fine.<\/p>\n

473.<\/p>\n

Making or possessing counterfeit seal, etc., with intent to commit
\nforgery punishable otherwise.<\/p>\n

473. Making or possessing counterfeit seal, etc., with intent to
\ncommit forgery punishable otherwise.–Whoever makes or counterfeits
\nany seal, plate or other instrument for making an impression,
\nintending that the same shall be used for the purpose of committing
\nany forgery which would be punishable under any section of this
\nChapter other than section 467, or, with such intent, has in his
\npossession any such seal, plate or other instrument, knowing the same
\nto be counterfeit, shall be punished with imprisonment of either
\ndescription for a term which may extend to seven years, and shall also
\nbe liable to fine.<\/p>\n

474.<\/p>\n

HAVING possession of document described in section 466 or 467, knowing
\nit to be forged and intending to use it genuine.<\/p>\n

474. HAVING possession of document described in section 466 or
\n467, knowing it to be forged and intending to use it genuine.–Whoever
\nhas in his possession any document, knowing the same to be forged, and
\nintending that the same shall fraudulently or dishonestly be used as
\ngenuine, shall, if the document is one of the description mentioned in
\nsection 466 of this Code, be punished with imprisonment of either
\ndescription for a term which may extend to seven years, and shall also
\nbe liable to fine; and if the document is one of the description
\nmentioned in section 467, shall be punished with 1*[imprisonment
\nfor life], or with imprisonment of either description, for a term
\nwhich may extend to seven years, and shall also be liable to fine.
\n———————————————————————-
\n1. Subs. by Act 26 of 1955. s. 117 and Sch., for “transportation for
\nlife”.<\/p>\n

207.<\/p>\n

475.<\/p>\n

Counterfeiting device or mark used for authenticating documents
\ndescribed in section 467, or possessing counterfeit marked material.<\/p>\n

475. Counterfeiting device or mark used for authenticating
\ndocuments described in section 467, or possessing counterfeit marked
\nmaterial.–Whoever counterfeits upon, or in the substance of, any
\nmaterial, any device or mark used for the purpose of authenticating
\nany document described in section 467 of this Code, intending that
\nsuch device or mark shall be used for the purpose of giving the
\nappearance of authenticity to any document then forged or thereafter
\nto be forged on such material, or who, with such intent, has in his
\npossession any material upon or in the substance of which any such
\ndevice or mark has been counterfeited, shall be punished with 1. *[imprisonment for life], or with imprisonment of either description
\nfor a term which may extend to seven years, and shall also be liable
\nto fine.<\/p>\n

476.<\/p>\n

Counterfeiting device or mark used for authenticating documents other
\nthan those described in section 467, or possessing counterfeit marked
\nmaterial.<\/p>\n

476. Counterfeiting device or mark used for authenticating
\ndocuments other than those described in section 467, or possessing
\ncounterfeit marked material.–Whoever counterfeits upon, or in the
\nsubstance of, any material, any device or mark used for the purpose of
\nauthenticating any document other than the documents described in
\nsection 467 of this Code, intending that such device or mark shall be
\nused for the purpose of giving the appearance of authenticity to any
\ndocument then forged or thereafter to be forged on such material, or
\nwho with such intent, has in his possession any material upon or in
\nthe substance of which any such device or mark has been counterfeited,
\nshall be punished with imprisonment of either description for a term
\nwhich may extend to seven years, and shall also be liable to fine.<\/p>\n

477.<\/p>\n

Fraudulent cancellation, destruction, etc., of will, authority to
\nadopt, or valuable security.<\/p>\n

477. Fraudulent cancellation, destruction, etc., of will,
\nauthority to adopt, or valuable security.–Whoever fraudulently or
\ndishonestly, or with intent to cause damage or injury to the public or
\nto any person, cancels, destroys or defaces, or attempts to cancel,
\ndestroy or deface, or secretes or attempts to secrete any document
\nwhich is or purports to be a will, or an authority to adopt a son, or
\nany valuable security, or commits mischief in respect of such
\ndocument, shall be punished with 1*[imprisonment for life], or with
\nimprisonment of either description for a term which may extend to
\nseven years, and shall also be liable to fine.<\/p>\n

477A.<\/p>\n

Falsification of accounts.<\/p>\n

2*[477A. Falsification of accounts.–Whoever, being a clerk,
\nofficer or servant, or employed or acting in the capacity of a clerk,
\nofficer or servant, willfully, and with intent to defraud, destroys,
\nalters, mutilates or falsifies any book, paper, writing, valuable
\nsecurity or account which belongs to or is in the possession of his
\nemployer, or has been received by him for or on behalf of his
\nemployer, or willfully, and with intent to defraud, makes or abets the
\nmaking of any false entry in, or omits or alters or abets the omission
\nor alteration of any material particular FROM or in. any such book,
\npaper, writing, valuable security or account, shall be punished with
\nimprisonment of either description for a term which may extend to
\nseven years, or with fine, or with both.<\/p>\n

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

3*[Of 4****property and other marks<\/p>\n

478.<\/p>\n

[Repealed.]<\/p>\n

478. [Trade Mark.] Rep. by the Trade and Merchandise Marks Act,
\n1958 (43 of 1958),s. 135 and Sch. (w. e. f. 25-11-1959).
\n———————————————————————-
\n1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife”.
\n2. Added by Act 3 of 1895, s. 4. 3. Subs. by Act. 4 of 1889, s. 3, for the original heading and ss.
\n478 to 489. 4. The word “trade,” omitted by Act 43 of 1958, s. 135 and Sch.
\n(w.e.f. 25-11-1959).
\n———————————————————————-<\/p>\n

208.<\/p>\n

479.<\/p>\n

Property mark.<\/p>\n

1*479. Property mark.–A mark used for denoting that movable
\nproperty belongs to a particular person is called a property mark.<\/p>\n

480.<\/p>\n

[Repealed.]<\/p>\n

480. [Using a false trade mark.] Rep. by the Trade and
\nMerchandise Marks Act, 1958 (43 of 1958), s. 135 and Sch. (w.e.f. 25-
\n11-1959).<\/p>\n

481.
\nUsing a false property mark.<\/p>\n

481. Using a false property mark.–Whoever marks any movable
\nproperty or goods or any case, package or other receptacle containing
\nmovable property or goods, or uses any case, package or other
\nreceptacle HAVING any mark thereon, in a manner reasonably calculated
\nto cause it to be believed that the property or goods so marked, or
\nany property or goods contained in any such receptacle so marked,
\nbelong to a person to whom they do not belong, is said to use a false
\nproperty mark.<\/p>\n

482.<\/p>\n

Punishment for using a false property mark.<\/p>\n

482. Punishment for using a false property mark.–Whoever uses
\n1***any false property mark shall, unless he proves that he acted
\nwithout intent to defraud, be punished with imprisonment of either
\ndescription for a term which may extend to one year, or with fine, or
\nwith both.<\/p>\n

483.<\/p>\n

Counterfeiting a property mark used by another.<\/p>\n

483. Counterfeiting a property mark used by another.–Whoever
\ncounterfeits any 3****property mark used by any other person shall be
\npunished with imprisonment of either description for a term which may
\nextend to two years, or with fine, or with both.<\/p>\n

484.<\/p>\n

Counterfeiting a mark used by a public servant.<\/p>\n

484. Counterfeiting a mark used by a public servant.–Whoever
\ncounterfeits any property mark used by a public servant, or any mark
\nused by a public servant to denote that any property has been
\nmanufactured by a particular person or at a particular time or place,
\nor that the property is of a particular quality or has passed through
\na particular office, or that it is entitled to any exemption, or uses
\nas genuine any such mark knowing the same to be counterfeit, shall be
\npunished with imprisonment of either description for a term which may
\nextend to three years, and shall also be liable to fine.<\/p>\n

485.<\/p>\n

Making or possession of any instrument for counterfeiting a property
\nmark.<\/p>\n

4*[485. Making or possession of any instrument for
\ncounterfeiting a property mark.–Whoever makes or has in his
\npossession any die, plate or other instrument for the purpose of
\ncounterfeiting a proper mark, or has in his possession a property mark
\nfor the purpose of denoting that any goods belong to a person to whom
\nthey do not belong, shall be punished with imprisonment of either
\ndescription for a term which may extend to three years, or with fine,
\nor with both.]<\/p>\n

486.<\/p>\n

Selling goods marked with a counterfeit property mark.<\/p>\n

486. Selling goods marked with a counterfeit property mark.–
\n5*[Whoever sells, or exposes, or has in possession for sale, any goods
\nor things with a counterfeit property mark] affixed to or impressed
\nupon the same or to or upon any case, package or other receptacle in
\nwhich such goods are contained, shall, unless he proves-
\n———————————————————————-
\n1. Ss. 147 to 489 were subs. by Act 4 of 1889, for the original
\nsections.
\n2. The words “any false trade mark or” omitted by Act 43 of 1958, s.
\n135 and Sch. (w.e.f. 25-11-1959).
\n3. The words “trade mark or” omitted by s. 135 and Sch., ibid.
\n(w.e.f. 25-11-1959).
\n4. Subs. by s. 135 and Sch., ibid., for the former section (w.e.f
\n25-11-1959).
\n5. Subs. by s. 135 and Sch., ibid., for certain words (w.e.f. 25-11-
\n1959).
\n———————————————————————-<\/p>\n

209.
\n(a) that, HAVING taken all reasonable precautions against
\ncommitting an offence against this section, he had at the time of
\nthe commission of the alleged offence no reason to suspect the
\ngenuineness of the mark, and<\/p>\n

(b) that, on demand made by or on behalf of the prosecutor,
\nhe gave all the information in his power with respect to the
\npersons FROM whom he obtained such goods or things, or<\/p>\n

(c) that otherwise he had acted innocently,<\/p>\n

be punished with imprisonment of either description for a term which
\nmay extend to one year, or with fine, or with both.<\/p>\n

487.<\/p>\n

Making a false mark upon any receptacle containing goods.<\/p>\n

487. Making a false mark upon any receptacle containing goods.–
\nWhoever makes any false mark upon any case, package or other
\nreceptacle containing goods, in a manner reasonably calculated to
\ncause any public servant or any other person to believe that such
\nreceptacle contains goods which it does not contain or that it does
\nnot contain goods which it does contain, or that the goods contained
\nin such receptacle are of a nature or quality different FROM the real
\nnature or quality thereof, shall, unless he proves that he acted
\nwithout intent to defraud, be punished with imprisonment of either
\ndescription for a term which may extend to three years, or with fine,
\nor with both.<\/p>\n

488.<\/p>\n

Punishment for making use of any such false mark.<\/p>\n

488. Punishment for making use of any such false mark.–Whoever
\nmakes use of any such false mark in any manner prohibited by the last
\nforegoing section shall, unless he proves that he acted without intent
\nto defraud, be punished as if he had committed an offence against that
\nsection.<\/p>\n

489.<\/p>\n

Tampering with property mark with intent to cause injury.<\/p>\n

489. Tampering with property mark with intent to cause injury.–
\nWhoever removes, destroys, defaces or adds to any property mark,
\nintending or knowing it to be likely that he may thereby cause injury
\nto any person, shall be punished with imprisonment of either
\ndescription for a term which may extend to one year, or with fine, or
\nwith both.]<\/p>\n

1*[Of currency-notes and bank-notes<\/p>\n

489A.<\/p>\n

Counterfeiting currency-notes or bank-notes.<\/p>\n

489A. Counterfeiting currency-notes or bank-notes.–Whoever
\ncounterfeits, or knowingly performs any part of the process of
\ncounterfeiting, any currency-note or bank-note, shall be punished with
\n2*[imprisonment for life], or with imprisonment of either
\ndescription for a term which may extend to ten years, and shall also
\nbe liable to fine.<\/p>\n

Explanation.-For the purposes of this section and of sections
\n489B, 3*[489C, 489D and 489E], the expression “bank-note” means a
\npromissory note or engagement for the payment of money to bearer on
\ndemand issued by any person carrying on the business of banking in any
\npart of the world, or issued by or under the authority of any State or
\nSovereign Power, and intended to be used as equivalent to, or as a
\nsubstitute for money.<\/p>\n

489B.<\/p>\n

Using as genuine, forged or counterfeit currency-notes or bank-notes.<\/p>\n

489B. Using as genuine, forged or counterfeit currency-notes or
\nbank-notes.–Whoever sells to, or buys or receives from, any other
\nperson, or otherwise traffics in or uses as genuine, any forged or
\ncounterfeit currency-note or bank-note, knowing or HAVING reason to
\nbelieve the same to be forged or counterfeit, shall be punished with 2. *[imprisonment for life], or with imprisonment of either description
\nfor a term which may extend to ten years, and shall also be liable to
\nfine.
\n———————————————————————-
\n1. Ss. 489A to 489D were ins. by Act 12 of 1899, s. 2.
\n2. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife”.<\/p>\n

3. Subs. by Act 35 of 1950, s. 3 and Sch., II, for “489C and 489D”.<\/p>\n

210.<\/p>\n

489C.<\/p>\n

Possession of forged or counterfeit currency-notes or bank-note.<\/p>\n

489C. Possession of forged or counterfeit currency-notes or bank-
\nnotes.-Whoever has in his possession any forged or counterfeit
\ncurrency-note or bank-note, knowing or HAVING reason to believe the
\nsame to be forged or counterfeit and intending to use the same as
\ngenuine or that it may be used as genuine, shall be punished with
\nimprisonment of either description for a term which may extend to
\nseven years, or with fine, or with both.<\/p>\n

489D.<\/p>\n

Making or possessing instruments or materials for forging or
\ncounterfeiting currency notes or bank-notes.<\/p>\n

489D. Making or possessing instruments or materials for forging
\nor counterfeiting currency notes or bank-notes.–Whoever makes, or
\nperforms any part of the process of making, or buys of sells or
\ndisposes of, or has in his possession, any machinery, instrument of
\nmaterial for the purpose of being used, or knowing or HAVING reason to
\nbelieve that it is intended to be used, for forging or counterfeiting
\nany currency-note or bank-note, shall be punished with 1. *[imprisonment for life], or with imprisonment of either description
\nfor a term which may extend to ten years, and shall also be liable to
\nfine.]<\/p>\n

489E.<\/p>\n

Making or using documents resembling currency-notes or bank-notes.<\/p>\n

2*[489E. Making or using documents resembling currency-notes
\nor bank-notes.–(1) Whoever makes, or causes to be made, or uses for
\nany purpose whatsoever, or delivers to any person, any document
\npurporting to be, or in any way resembling, or so nearly resembling as
\nto be calculated to deceive, any currency-note or bank-note shall be
\npunished with fine which may extend to one hundred rupees.<\/p>\n

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

(3) Where the name of any person appears on any document in
\nrespect of which any person is charged with an offence under sub-
\nsection (1) or on any other document used or distributed in connection
\nwith that document it may, until the contrary is proved, be presumed
\nthat that person caused the document to be made.]<\/p>\n

CHAPTER XX<\/p>\n
OF OFFENCES RELATING TO MARRIAGE<\/span><\/strong><\/div>\n

<\/span><\/strong><\/div>\n

493. Cohabitation caused by a man deceitfully inducing a belief
\nof lawful marriage.–Every man who by deceit causes any woman who is
\nnot lawfully married to him to believe that she is lawfully married to
\nhim and to cohabit or have sexual intercourse with him in that belief,
\nshall be punished with imprisonment of either description for a term
\nwhich may extend to ten years, and shall also be liable to fine.<\/p>\n

<\/span><\/strong><\/span><\/strong><\/p>\n

\u00a0<\/p>\n

494.<\/p>\n

Marrying again during lifetime of husband or wife.<\/p>\n

494. Marrying again during lifetime of husband or wife.–Whoever,
\nHAVING a husband or wife living, marries in any case in which such
\nmarriage is void by reason of its taking place during the life of such
\nhusband or wife, shall be punished with imprisonment of either
\ndescription for a term which may extend to seven years, and shall also
\nbe liable to fine.<\/p>\n

Exception.-This section does not extend to any person whose
\nmarriage with such husband or wife has been declared void by a Court
\nof competent jurisdiction,<\/p>\n

nor to any person who contracts a marriage during the life of a
\nformer husband or wife, if such husband or wife, at the time of the
\nsubsequent marriage, shall have been continually absent FROM such
\nperson for the space of seven years, and shall not have been heard of
\nby such person as being alive within that time provided the person
\ncontracting such subsequent marriage shall, before such marriage takes
\nplace, inform the person with whom such marriage is contracted of the
\nreal state of facts so far as the same are within his or her
\nknowledge.<\/p>\n

495.<\/p>\n

Same offence with concealment of former marriage FROM person with whom
\nsubsequent marriage is contracted.<\/p>\n

495. Same offence with concealment of former marriage FROM person
\nwith whom subsequent marriage is contracted.–Whoever commits the
\noffence defined in the last preceding section HAVING concealed from
\nthe person with whom the subsequent marriage is contracted, the fact
\nof the former marriage, shall be punished with imprisonment of either
\ndescription for a term which may extend to ten years, and shall also
\nbe liable to fine.<\/p>\n

496.<\/p>\n

Marriage ceremony fraudulently gone through without lawful marriage.<\/p>\n

496. Marriage ceremony fraudulently gone through without lawful
\nmarriage.–Whoever, dishonestly or with a fraudulent intention, goes
\nthrough the ceremony of being married, knowing that he is not thereby
\nlawfully married, shall be punished with imprisonment of either
\ndescription for a term which may extend to seven years, and shall also
\nbe liable to fine.<\/p>\n

497.<\/p>\n

Adultery.<\/p>\n

497. Adultery.–Whoever has sexual intercourse with a person who
\nis and whom he knows or has reason to believe to be the wife of
\nanother man, without the consent or connivance of that man, such
\nsexual intercourse not amounting to the offence of rape, is guilty of
\nthe offence of adultery, and shall be punished with imprisonment of
\neither description for a term which may extend to five years, or with
\nfine, or with both. In such case the wife shall not be punishable as
\nan abettor.<\/p>\n

498.<\/p>\n

Enticing or taking away or detaining with criminal intent a married
\nwoman.<\/p>\n

498. Enticing or taking away or detaining with criminal intent a
\nmarried woman.–Whoever takes or entices away any woman who is and
\nwhom he knows or has reason to believe to be the wife of any other
\nman, FROM that man, or FROM any person HAVING the care of her on
\nbehalf of that man, with intent that she may have illicit intercourse
\nwith any person, or conceals or detains with that intent any such
\nwoman, shall be punished with imprisonment of either description for a
\nterm which may extend to two years, or with fine, or with both.<\/p>\n

CHAPTER XXA<\/p>\n

OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND<\/p>\n

1*[CHAPTER XXA<\/p>\n

OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND<\/p>\n

498A.<\/p>\n

Husband or relative of husband of a woman subjecting her to cruelty.<\/p>\n

498A. Husband or relative of husband of a woman subjecting her to
\ncruelty.–Whoever, being the husband or the relative of the husband of
\na woman, subjects such woman to cruelty shall be punished with
\nimprisonment for a term which may extend to three years and shall also
\nbe liable to fine.
\n———————————————————————-
\n1. Chapter XXA inserted by Act 46 of 1983, s. 2.
\n212.
\nExplanation.-For the purposes of this section, “cruelty” means-<\/p>\n

(a) any wilful conduct which is of such a nature as is
\nlikely to drive the woman to commit suicide or to cause grave
\ninjury or danger to life, limb or health (whether mental or
\nphysical) of the woman; or<\/p>\n

(b) harassment of the woman where such harassment is with a
\nview to coercing her or any person related to her to meet any
\nunlawful demand for any property or valuable security or is on
\naccount of failure by her or any person related to her to meet
\nsuch demand.]<\/p>\n

CHAPTER XXI<\/p>\n
OF DEFAMATION<\/span><\/strong><\/div>\n

<\/span><\/strong><\/div>\n


\n499. Defamation.–Whoever by words either spoken or intended to
\nbe read, or by signs or by visible representations, makes or publishes
\nany imputation concerning any person intending to harm, or knowing or
\nHAVING reason to believe that such imputation will harm, the
\nreputation of such person, is said, except in the cases hereinafter
\nexcepted, to defame that person.<\/p>\n

<\/span><\/strong><\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Explanation 1.-It may amount to defamation to impute anything to
\na deceased person, if the imputation would harm the reputation of that
\nperson if living, and is intended to be hurtful to the fellings of his
\nfamily or other near relatives.<\/p>\n

Explanation 2.-It may amount to defamation to make an imputation
\nconcerning a company or an association or collection of persons as
\nsuch.<\/p>\n

Explanation 3.-An imputation in the form of an alternative or
\nexpressed ironically, may amount to defamation.<\/p>\n

Explanation 4.-No imputation is said to harm a persons
\nreputation, unless that imputation directly or indirectly, in the
\nestimation of others, lowers the moral or intellectual character of
\nthat person, or lowers the character of that person in respect of his
\ncaste or of his calling, or lowers the credit of that person, or
\ncauses it to be believed that the body of that person is in a lothsome
\nstate, or in a state generally considered as disgraceful.<\/p>\n

Illustrations<\/p>\n

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

(b) A is asked who stole Bs watch. A points to Z, intending to
\ncause it to be believed that Z stole Bs watch. This is defamation,
\nunless it fall within one of the exceptions.<\/p>\n

(c) A draws a picture of Z running away with Bs watch,
\nintending it to be believed that Z stole Bs watch. This is
\ndefamation, unless it fall within one of the exceptions.<\/p>\n

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

213.
\nSecond Exception.-Public conduct of public servants.-It is not
\ndefamation to express in good faith any opinion whatever respecting
\nthe conduct of a public servant in the discharge of his public
\nfunctions, or respecting his character, so far as his character
\nappears in that conduct, and no further.<\/p>\n

Third Exception.-Conduct of any person touching any public
\nquestion. -It is not defamation to express in good faith any opinion
\nwhatever respecting the conduct of any person touching any public
\nquestion, and respecting his character, so far as his character
\nappears in that conduct, and no further.<\/p>\n

Illustration<\/p>\n

It is not defamation in A to express in good faith any opinion
\nwhatever resepting Zs conduct in petitioning Government on a public
\nquestion, in signing a requisition for a meeting on a public question,
\nin presiding or attending at such meeting, in forming or joining any
\nsociety which invites the public support, in voting or canvassing for
\na particular candidate for any situation in the efficient discharge of
\nthe duties of which the public is interested.<\/p>\n

Fourth Exception.-Publication of reports of proceedings of
\ncourts- It is not defamation to publish a substantially true report of
\nthe proceedings of a Court of Justice, or of the result of any such
\nproceedings.<\/p>\n

Explanation.-A Justice of the Peace or other officer holding an
\nenquiry in open Court preliminary to a trial in a Court of Justice, is
\na Court within the meaning of the above section.<\/p>\n

Fifth Exception.-Merits of case decided in Court or conduct of
\nwitnesses and others concerned. It is not defamation to express in
\ngood faith any opinion whatever respecting the merits of any case,
\ncivil or criminal, which has been decided by a Court of Justice, or
\nrespecting the conduct of any person as a party, witness or agent, in
\nany such case, or respecting the character of such person, as far as
\nhis character appears in that conduct, and no further.<\/p>\n

Illustrations<\/p>\n

(a) A says-“I think Zs evidence on that trial is so
\ncontradictory that he must be stupid or dishonest.” A is within this
\nexception if he says this in good faith, inasmuch as the opinion which
\nhe expresses respects Zs character as it appears in Zs conduct as a
\nwitness, and no farther.<\/p>\n

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

Sixth Exception.-Merits of public performance.-It is not
\ndefamation to express in good faith any opinion respecting the merits
\nof any performance which its author has submitted to the judgment of
\nthe public, or respecting the character of the author so far as his
\ncharacter appears in such performance, and no farther.<\/p>\n

Explanation.-A performance may be submitted to the judgment of
\nthe public expressly or by acts on the part of the author which imply
\nsuch submission to the judgment of the public.<\/p>\n

Illustrations<\/p>\n

(a) A person who publishes a book, submits that book to the
\njudgment of the public.<\/p>\n

(b) A person who makes a speech in public, submits that speech to
\nthe judgment of the public.<\/p>\n

(c) An actor or singer who appears on a public stage, submits his
\nacting or singing to the judgment of the public.<\/p>\n

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

(e) But if A says-“I am not surprised that Zs book is foolish
\nand indecent, for he is a weak man and a libertine.” A is not within
\nthis exception, inasmuch as the opinion which he expresses of Zs
\ncharacter is an opinion not founded on Zs book.<\/p>\n

Seventh Exception.-Censure passed in good faith by person having
\nlawful authority over another.-It is not defamation in a person having
\nover another any authority, either conferred by law or arising out of
\na lawful contract made with that other, to pass in good faith any
\ncensure on the conduct of that other in matters to which such lawful
\nauthority relates.<\/p>\n

Illustration<\/p>\n

A Judge censuring in good faith the conduct of a witness, or of
\nan officer of the Court; a head of a department censuring in good
\nfaith those who are under his orders; a parent censuring in good faith
\na child in the presence of other children; a schoolmaster, whose
\nauthority is derived FROM a parent, censuring in good faith a pupil in
\nthe presence of other pupils; a master censuring a servant in good
\nfaith for remissness in service; a banker censuring in good faith the
\ncashier of his bank for the conduct of such cashier as such cashier-
\nare within this exception.<\/p>\n

Eighth Exception.-Accusation preferred in good faith to
\nauthorised person.-It is not defamation to prefer in good faith an
\naccusation against any person to any of those who have lawful
\nauthority over that person with respect to the subject-matter of
\naccusation.<\/p>\n

Illustration<\/p>\n

If A in good faith accuses Z before a Magistrate; if A in good
\nfaith complains of the conduct of Z, a servant, to Zs master;if A in
\ngood faith complains of the conduct of Z, a child, to Zs father-A is
\nwithin this exception.<\/p>\n

Ninth Exception.-Imputation made in good faith by person for
\nprotection of his or others interests.-It is not defamation to make
\nan imputation on the character of another provided that the imputation
\nbe made in good faith for the protection of the interest of the person
\nmaking it, or of any other person, or for the public good.<\/p>\n

Illustrations<\/p>\n

(a) A, a shopkeeper, says to B, who manages his business-“Sell
\nnothing to Z unless he pays you ready money, for I have no opinion of
\nhis honesty.” A is within the exception, if he has made this
\nimputation on Z in good faith for the protection of his own interests.<\/p>\n

(b) A, a Magistrate, in making a report to his own superior
\nofficer, casts an imputation on the character of Z. Here, if the
\nimputation is made in good faith, and for the public good, A is within
\nthe exception.<\/p>\n

Tenth Exception.-Caution intended for good of person to whom
\nconveyed or for public good.- It is not defamation to convey a
\ncaution, in good faith, to one person against another, provided that
\nsuch caution be intended for the good of the person to whom it is
\nconveyed, or of some person in whom that person is interested, or for
\nthe public good.<\/p>\n

215.<\/p>\n

500.<\/p>\n

Punishment for defamation.<\/p>\n

500. Punishment for defamation.–Whoever defames another shall be
\npunished with simple imprisonment for a term which may extend to two
\nyears, or with fine, or with both.<\/p>\n

501.
\nPrinting or engraving matter known to be defamatory.<\/p>\n

501. Printing or engraving matter known to be defamatory.–
\nWhoever prints or engraves any matter, knowing or HAVING good reason
\nto believe that such matter is defamatory of any person, shall be
\npunished with simple imprisonment for a term which may extend to two
\nyears, or with fine, or with both.<\/p>\n

502.<\/p>\n

Sale of printed or engraved substance containing defamatory matter.<\/p>\n

502. Sale of printed or engraved substance containing defamatory
\nmatter.–Whoever sells or offers for sale any printed or engraved
\nsubstance containing defamatory matter, knowing that it contains such
\nmatter, shall be punished with simple imprisonment for a term which
\nmay extend to two years, or with fine, or with both.<\/p>\n

CHAPTER XXII<\/p>\n
OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE<\/span><\/strong><\/div>\n

<\/span><\/strong><\/div>\n


\n503. Criminal intimidation.–Whoever threatens another with any
\ninjury to his person, reputation or property, or to the person or
\nreputation of any one in whom that person is interested, with intent
\nto cause alarm to that person, or to cause that person to do any act
\nwhich he is not legally bound to do, or to omit to do any act which
\nthat person is legally entitled to do, as the means of avoiding the
\nexecution of such threat, commits criminal intimidation.<\/p>\n

<\/span><\/strong><\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Explanation.-A threat to injure the reputation of any deceased
\nperson in whom the person threatened is interested, is within this
\nsection.<\/p>\n

Illustration<\/p>\n

A, for the purpose of inducing B to resist FROM prosecuting a
\ncivil suit, threatens to burn Bs house. A is guilty of criminal
\nintimidation.<\/p>\n

504.<\/p>\n

Intentional insult with intent to provoke breach of the peace.<\/p>\n

504. Intentional insult with intent to provoke breach of the
\npeace.–Whoever intentionally insults, and thereby gives provocation
\nto any person, intending or knowing it to be likely that such
\nprovocation will cause him to break the public peace, or to commit any
\nother offence, shall be punished with imprisonment of either
\ndescription for a term which may extend to two years, or with fine, or
\nwith both.<\/p>\n

505.<\/p>\n

Statements conducing public mischief.<\/p>\n

1*[505. Statements conducing public mischief.–2*[(1)]
\nWhoever makes, publishes or circulates any statement, rumour or
\nreport,-<\/p>\n

(a) with intent to cause, or which is likely to cause, any
\nofficer, soldier, 3*[sailor or airman] in the Army, 4*[Navy
\nor Air Force] 5*[of India] to mutiny or otherwise disregard or
\nfail in his duty as such; or<\/p>\n

(b) with intent to cause, or which is likely to cause, fear
\nor alarm to the public, or to any section of the public whereby
\nany person may be induced to commit an offence against the State
\nor against the public tranquility; or
\n———————————————————————-
\n1. Subs. by Act 4 of 1898, s. 6, for the original section.<\/p>\n

2. Renumbered by Act 35 of 1969, s. 3.
\n3. Subs. by Act 10 of 1927, s. 2 and Such. I, for “or sailor”.<\/p>\n

4. Subs. by s. 2 and Sch. i. ibid., for “or navy”.<\/p>\n

5. Subs. by the A.O. 1950, for “of Her Majesty or in the Imperial
\nService Troops”. The words “or in the Royal Indian Marine”
\noccurring after the word “Majesty” were rep. by Act 35 of 1934.
\n216.
\n(c) with intent to incite, or which is likely to incite, any
\nclass or community of persons to commit any offence against any
\nother class or community,<\/p>\n

shall be punished with imprisonment which may extend to 1*[three
\nyears], or with fine, or with both.<\/p>\n

2*[(2) Statements creating or promoting enmity, hatred or ill-
\nwill between classes.–Whoever makes, publishes or circulates any
\nstatement or report containing rumour or alarming news with intent to
\ncreate or promote, or which is likely to create or promote, on grounds
\nof religion, race, place of birth, residence, language, caste or
\ncommunity or any other ground whatsoever, feelings of enmity, hatred
\nor ill-will between different religious, racial, language or regional
\ngroups or castes or communities, shall be punished with imprisonment
\nwhich may extend to three years, or with fine, or with both.<\/p>\n

(3) Offence under sub-section (2) committed in place of worship,
\netc.–Whoever commits an offence specified in sub-section (2) in any
\nplace of worship or in any assembly engaged in the performance of
\nreligious worship or religious ceremonies, shall be punished with
\nimprisonment which may extend to five years and shall also be liable
\nto fine.]<\/p>\n

Exception.-It does not amount to an offence, within the meaning
\nof this section, when the person making, publishing or circulating any
\nsuch statement, rumour or report, has reasonable grounds for believing
\nthat such statement, rumour or report is true and makes, publishes or
\ncirculates it 2[in good faith and] without any such intent as
\naforesaid.]<\/p>\n

506.<\/p>\n

Punishment for criminal intimidation.<\/p>\n

506. Punishment for criminal intimidation.–Whoever commits the
\noffence of criminal intimidation shall be punished with imprisonment
\nof either description for a term which may extend to two years, or
\nwith fine, or with both;<\/p>\n

If threat be to cause death or grievous hurt, etc.<\/p>\n

If threat be to cause death or grievous hurt, etc.–and if the
\nthreat be to cause death or grievous hurt, or to cause the destruction
\nof any property by fire, or to cause an offence punishable with death
\nor 3*[imprisonment for life], of with imprisonment for a term which
\nmay extend to seven years, or to impute unchastity to a woman, shall
\nbe punished with imprisonment of either description for a term which
\nmay extend to seven years, or with fine, or with both.<\/p>\n

507.<\/p>\n

Criminal intimidation by an anonymous communication.<\/p>\n

507. Criminal intimidation by an anonymous communication.–
\nWhoever commits the offence of criminal intimidation by an anonymous
\ncommunication, or HAVING taken precaution to conceal the name or abode
\nof the person FROM whom the threat comes, shall be punished with
\nimprisonment of either description for a term which may extend to two
\nyears, in addition to the punishment provided for the offence by the
\nlast preceding section.<\/p>\n

508.<\/p>\n

Act caused by inducing person to believe that he will be rendered an
\nobject of the Divine displeasure.<\/p>\n

508. Act caused by inducing person to believe that he will be
\nrendered an object of the Divine displeasure.–Whoever voluntarily
\ncauses or attempts to cause any person to do anything which that
\nperson is not legally bound to do, or to omit to do anything which he
\nis legally entitled to do, by inducing or attempting to induce that
\nperson to believe that he or any person in whom he is interested will
\nbecome or will be rendered by some act of the offender an object of
\nDivine displeasure if he does not do the thing which it is the object
\nof the offender to cause him to do, or if he does the thing which it
\nis the object of the offender to cause him to omit, shall be punished
\nwith imprisonment of either description for a term which may extend to
\none year, or with fine, or with both.
\n———————————————————————-
\n1. Subs. by Act 41 of 1961, s. 4, for “two years”.<\/p>\n

2. Ins. by Act 35 of 1969, s. 3.
\n3. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation”.<\/p>\n

217.
\nIllustrations<\/p>\n

(a) A sits dhurna at Zs door with the intention of causing
\nit to be believed that, by so sitting, he renders Z an object of
\nDivine displeasure. A has committed the offence defined in this
\nsection.<\/p>\n

(b) A threatens Z that, unless Z performs a certain act, A will
\nkill one of As own children, under such circumstances that the
\nkilling would be believed to render Z an object of Divine displeasure.
\nA has committed the offence defined in this section.<\/p>\n

509.<\/p>\n

Word, gesture or act intended to insult the modesty of a woman.<\/p>\n

509. Word, gesture or act intended to insult the modesty of a
\nwoman.–Whoever, intending to insult the modesty of any woman, utters
\nany word, makes any sound or gesture, or exhibits any object,
\nintending that such word or sound shall be heard, or that such gesture
\nor object shall be seen, by such woman, or intrudes upon the privacy
\nof such woman, shall be punished with simple imprisonment for a term
\nwhich may extend to one year, or with fine, or with both.<\/p>\n

510.<\/p>\n

Misconduct in public by a drunken person.<\/p>\n

510. Misconduct in public by a drunken person.–Whoever, in a
\nstate of intoxication, appears in any public place, or in any place
\nwhich it is a trespass in him to enter, and there conducts himself in
\nsuch a manner as to cause annoyance to any person, shall be punished
\nwith simple imprisonment for a term which may extend to twenty-four
\nhours, or with fine which may extend to ten rupees, or with both.<\/p>\n

CHAPTER XXIII<\/p>\n
OF ATTEMPTS TO COMMIT OFFENCES<\/span><\/strong><\/div>\n

<\/span><\/strong><\/div>\n


\n511. Punishment for attempting to commit offences punishable with
\nimprisonment for life or other imprisonment.–Whoever attempts to
\ncommit an offence punishable by this Code with 1*[imprisonment for
\nlife] or imprisonment, or to cause such an offence to be committed,
\nand in such attempt does any act towards the commission of the
\noffence, shall, where no express provision is made by this Code for
\nthe punishment of such attempt, be punished with 2*[imprisonment o f
\nany description provided for the offence, for a term which may extend
\nto one-half of the imprisonment for life or, as the case may be, one-
\nhalf of the longest term of imprisonment provided for that offence],
\nor with such fine as is provided for the offence, or with both.<\/p>\n

<\/span><\/strong><\/span><\/strong><\/p>\n

\u00a0<\/p>\n

Illustrations<\/p>\n

(a) A makes an attempt to steal some jewels by breaking open a
\nbox, and finds after so opening the box, that there is no jewel in it.
\nHe has done an act towards the commission of theft, and therefore is
\nguilty under this section.<\/p>\n

(b) A makes an attempt to pick the pocket of Z by thrusting his
\nhand INTO Zs pocket. A fails in the attempt in consequence of Zs
\nHAVING nothing in his pocket. A is guilty under this section.<\/p>\n","protected":false},"excerpt":{"rendered":"

CHAPTER XV OF OFFENCES RELATING TO RELIGION \u00a0 \u00a0 295. Injuring or defiling place of worship, with intent to insult the religion of any class. 295. Injuring or defiling place of worship, with intent to insult the religion of any class.–Whoever destroys, damages or defiles any place of worship, or any object held sacred by […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[68],"tags":[],"class_list":["post-1416","post","type-post","status-publish","format-standard","hentry","category-criminal-law-act-rules"],"yoast_head":"\nTHE INDIAN PENAL CODE, 1860 [part 3] - Legal India<\/title>\n<meta name=\"description\" content=\"CHAPTER XV OF OFFENCES RELATING TO RELIGION \u00a0 \u00a0 295. 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