{"id":1424,"date":"2009-06-11T19:29:22","date_gmt":"2009-06-11T13:59:22","guid":{"rendered":"https:\/\/www.legalindia.in\/laws\/?p=1424"},"modified":"2009-06-11T19:29:46","modified_gmt":"2009-06-11T13:59:46","slug":"the-indian-penal-code-1860part-1","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/acts\/the-indian-penal-code-1860part-1","title":{"rendered":"THE INDIAN PENAL CODE, 1860[part 1]"},"content":{"rendered":"

CHAPTER IINTRODUCTION<\/p>\n

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

\u00a0<\/p>\n

Preamble.-WHEREAS it is expedient to provide a general Penal Code
\nfor 2*[India];<\/p>\n

It is enacted as follows:–<\/p>\n

1.
\nTitle and extent of operation of the Code.<\/p>\n

1. Title and extent of operation of the Code.–This Act shall be
\ncalled the Indian Penal Code, and shall 3*[extend to the whole of
\nIndia 4*[except the State of Jammu and Kashmir]].<\/p>\n

2.<\/p>\n

Punishment of offences committed within India.<\/p>\n

2. Punishment of offences committed within India.–Every person
\nshall be liable to punishment under this Code and not otherwise for
\nevery act or omission contrary to the provisions thereof, of which he
\nshall be guilty within 5*[India] 6****.<\/p>\n

3.<\/p>\n

Punishment of offences committed beyond, but which by law may be tried
\nwithin, India.<\/p>\n

3. Punishment of offences committed beyond, but which by law may
\nbe tried within, India.–Any person liable, by any 7*[Indian law],
\nto be tried for an offence committed beyond 5*[India] shall be
\ndealt with according to the provisions of this Code for any act
\ncommitted beyond 5*[India] in the same manner as if such act had
\nbeen committed within 5*[India].<\/p>\n

4.<\/p>\n

Extension of Code to extra-territorial offences.<\/p>\n

8*[4. Extension of Code to extra-territorial offences.–The
\nprovisions of this Code apply also to any offence committed by–<\/p>\n

9*[(1) any citizen of India in any place without and
\nbeyond India;<\/p>\n

(2) any person on any ship or aircraft registered in India
\nwherever it may be.]
\n———————————————————————-
\n1. The Act has been amended in its application to Madras by
\nMadras Act 25 of 1960, U. P. by U. P. Acts 31 of 1961, 29 of 1970
\nand 47 of 1975, Andhra Pradesh by Andhra Pradesh Act 16 of 1968,
\nMaharashtra by Maharashtra Act 19 of 1971, Mysore by Mysore Act 8. of 1972, West Bengal by West Bengal Act 42 of 1973.
\nThe Act has been extended to Goa, Daman and Diu with
\nmodifications by Reg. 12 of 1962, s. 3 and Sch., extended to and
\nbrought INTO force in Dadra and Nagar Haveli by Reg. 6 of 1963,
\ns. 2 and Sch. I (w.e.f. 1-7-1965) and to Laccadive, Minicoy and
\nAmindivi Islands by Reg. 8 of 1965, s. 3 and Sch. (w.e.f. 1-10-
\n1967).<\/p>\n

The Act comes INTO force in Pondicherry vide Reg. 7 of 1963,
\ns. 3 and Sch. I (w.e.f. 1-10-1963).<\/p>\n

2. Subs. by Act 3 of 1951, s. 3 and Sch., for “the whole of
\nIndia except Part B States”.<\/p>\n

3. Subs. by the A. O. 1948, for “take effect * * * throughout
\nBritish India”. The words and figures “on and FROM the first day
\nof May, 1861” occurring between the words “effect” and
\n“throughout” were rep. by Act 12 of 1891. 4. Subs. by Act 3 of 1951, s. 3 and Sch., for “except Part B
\nStates”.<\/p>\n

5. Subs. by s. 3 and Sch., ibid., for “the States”.<\/p>\n

6. The words and figures “on or after the said first day of May,
\n1861” omitted by Act 12 of 1891. 7. Subs. by the A. O. 1937, for “law passed by the Governor-General
\nof India in Council”.<\/p>\n

8. Subs. by Act 4 of 1898, s. 2, for the original s. 4.
\n9. Subs. by the A. O. 1950, for the original cls. (1) to (4).<\/p>\n

102.<\/p>\n

Explanation.<\/p>\n

Explanation.–In this section the word “offence” includes every
\nact committed outside 1*[India] which, if committed in 1*[India] would
\nbe punishable under this Code.<\/p>\n

2*[Illustration]<\/p>\n

3***A, 4*[who is 5*[a citizen of India]], commits a murder in
\nUganda. He can be tried and convicted of murder in any place in
\n1*[India] in which he may be found.<\/p>\n

6* * * * *<\/p>\n

5.<\/p>\n

Certain laws not to be affected by this Act.<\/p>\n

7*[5. Certain laws not to be affected by this Act.–Nothing in
\nthis Act shall affect the provisions of any Act for punishing mutiny
\nand desertion of officers, soldiers, sailors or airmen in the service
\nof the Government of India or the provision of any special or local
\nlaw.]<\/p>\n

CHAPTER IIGENERAL EXPLANATIONS<\/p>\n

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

\u00a0<\/p>\n

6. Definitions in the Code to be understood subject to
\nexceptions.–Throughout this Code every definition of an offence,
\nevery penal provision and every illustration of every such definition
\nor penal provision, shall be understood subject to the exceptions
\ncontained in the Chapter entitled “General Exceptions”, though those
\nexceptions are not repeated in such definition, penal provision, or
\nillustration.<\/p>\n

Illustrations<\/p>\n

(a) The sections, in this Code, which contain definitions of
\noffences, do not express that a child under seven years of age cannot
\ncommit such offences; but the definitions are to be understood subject
\nto the general exception which provides that nothing shall be an
\noffence which done by child under seven years of age.<\/p>\n

(b) A, a police-officer, without warrant, apprehends Z who has
\ncommitted murder. Here A is not guilty of the offence of wrongful
\nconfinement; for he was bound by law to apprehend Z, and therefore the
\ncase falls within the general exception which provides that “nothing
\nis an offence which is done by a person who is bound by law to do it”.<\/p>\n

7.<\/p>\n

Sense of expression once explained.<\/p>\n

7. Sense of expression once explained.–Every expression which is
\nexplained in any part of this Code, is used in every part of this Code
\nin conformity with the explanation.<\/p>\n

8.<\/p>\n

Gender.<\/p>\n

8. Gender.–The pronoun “he” and its derivatives are used of any
\nperson, whether male or female.<\/p>\n

9.<\/p>\n

Number.<\/p>\n

9. Number.–Unless the contrary appears FROM the context, words
\nimporting the singular number include the plural number, and words
\nimporting the plural number include the singular number.<\/p>\n

10.<\/p>\n

“Man”. “Woman”.<\/p>\n

10. “Man”. “Woman”.–The word “man” denotes a male human being of
\nany age; the word “woman” denotes a female human being of any age.
\n———————————————————————-
\n1. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.<\/p>\n

2. Subs. by Act 36 of 1957, s.3 and Sch. II, for “Illustrations”.<\/p>\n

3. The brackets and letter `6(a) omitted by s. 3 and Sch. II, ibid.<\/p>\n

4. Subs. by the A. O. 1948, for “a coolie, who is a Native Indian
\nsubject”.<\/p>\n

5. Subs. by the A. O. 1950, for “a British subject of Indian
\ndomicile”.<\/p>\n

6. Illustrations (b), (c) and (d) were rep. by the A. O. 1950.<\/p>\n

7. Subs., ibid., for the former s. 5.
\n103.<\/p>\n

11.
\n“Person”.<\/p>\n

11. “Person”.–The word “person” includes any Company or
\nAssociation or body of persons, whether incorporated or not.<\/p>\n

12.<\/p>\n

“Public”.<\/p>\n

12. “Public”.–The word “public” includes any class of the public
\nor any community.<\/p>\n

13.<\/p>\n

[Definition of “Queen”.] Rep. by the A. O. 1950.<\/p>\n

14.<\/p>\n

“Servant of Government”.<\/p>\n

1*[14. “Servant of Government”.–The words “servant of
\nGovernment” denote any officer or servant continued, appointed or
\nemployed in India by or under the authority of Government.]<\/p>\n

15.<\/p>\n

[Definition of “British India”.] Rep. by the A. O. 1937.<\/p>\n

16.<\/p>\n

Definition of “Government of India”.] Rep., ibid.<\/p>\n

17.<\/p>\n

“Government”.<\/p>\n

2*[17 “Government”.–The word “Government” denotes the Central
\nGovernment or the Government of a 3****State.]<\/p>\n

18.<\/p>\n

“India”.<\/p>\n

4*[18. “India”.–“India” means the territory of India excluding
\nthe State of Jammu and Kashmir.]<\/p>\n

19.<\/p>\n

“Judge”.<\/p>\n

19. “Judge”.–The word “Judge” denotes not only every person who
\nis officially designated as a Judge, but also every person.<\/p>\n

who is empowered by law to give, in any legal proceeding, civil
\nor criminal, a definitive judgment, or a judgment which, if not
\nappealed against, would be definitive, or a judgment which, if
\nconfirmed by some other authority, would be definitive, or<\/p>\n

who is one of a body of persons, which body of persons is
\nempowered by law to give such a judgment.<\/p>\n

Illustrations<\/p>\n

(a) A collector exercising jurisdiction in a suit under Act 10 of
\n1859, is a Judge.<\/p>\n

(b) A Magistrate exercising jurisdiction in respect of a charge
\non which he has power to sentence to fine or imprisonment with or
\nwithout appeal, is a Judge.<\/p>\n

(c) A member of a panchayat which has power, under 5*Regulation
\nVII, 1816, of the Madras Code, to try and determine suit, is a Judge.<\/p>\n

(d) A Magistrate exercising jurisdiction in respect of a charge
\non which he has power only to commit for trial to another Court, is
\nnot a Judge.<\/p>\n

20.<\/p>\n

“Court of Justice”.<\/p>\n

20. “Court of Justice”.–The words “Court of Jutsice” denote a
\nJudge who is empowered by law to act judicially alone, or a body of
\nJudges which is empowered by law to act judicially as a body, when
\nsuch Judge or body of Judges is acting judicially.<\/p>\n

Illustration<\/p>\n

A Panchayat acting under 5*Regulation VII, 1816, of the Madras
\nCode, HAVING power to try and determine suits, is a Court of Justice.
\n———————————————————————
\n1. Subs. by the A. O. 1950, for s. 14.
\n2. Subs., ibid., for s. 17.
\n3. The words and letter “Part A” omitted by Act 3 of 1951, s. 3 and
\nSch.<\/p>\n

4. Subs. by s. 3 and Sch., ibid., for s. 18.
\n5. Rep. by the Madras Civil Courts Act, 1873 (3 of 1873).<\/p>\n

104.<\/p>\n

21.
\n“Public servant”.<\/p>\n

21. “Public servant”.–The words “public servant” denote a person
\nfalling under any of the descriptions hereinafter following, namely:–<\/p>\n

1* * * * *<\/p>\n

Second.–Every Commissioned Officer in the Military,
\n2*[Naval or Air] Forces 3*[4**** of India];<\/p>\n

5*[Third.–Every Judge including any person empowered by
\nlaw to discharge, whether by himself or as a member of any body
\nof persons. any adjudicatory functions;]<\/p>\n

Fourth.–Every officer of a Court of Justice
\n6*[(including a liquidator, receiver or commissioner)] whose duty
\nit is, as such officer, to investigate or report on any matter of
\nlaw or fact, or to make, authenticate, or keep any document, or
\nto take charge or dispose of any property, or to execute any
\njudicial process, or to administer any oath, or to interpret, or
\nto preserve ORDER in the Court, and every person specially
\nauthorized by a Court of Justice to perform any of such duties;<\/p>\n

Fifth.–Every juryman, assessor, or member of a panchayat
\nassisting a Court of Justice or public servant;<\/p>\n

Sixth.–Every arbitrator or other person to whom any cause
\nor matter has been referred for decision or report by any Court
\nof Justice, or by any other competent public authority;<\/p>\n

Seventh.–Every person who holds any office by virtue of
\nwhich he is empowered to place or keep any person in confinement;<\/p>\n

Eighth.–Every officer of 7*[the Government] whose duty it
\nis, as such officer, to prevent offences, to give information of
\noffences, to bring offenders to justice, or to protect the public
\nhealth, safety or convenience;<\/p>\n

Ninth.–Every officer whose duty it is as such officer, to
\ntake, receive, keep or expend any property on behalf of 7*[the
\nGovernment], or to make any survey, assessment or contract on
\nbehalf of 7*[the Government], or to execute any revenue-
\nprocess, or to investigate, or to report, on any matter affecting
\nthe pecuniary interests of 7*[the Government], or to make.
\nauthenticate or keep any document relating to the pecuniary
\ninterests of 7*[the Government], or to prevent the infraction
\nof any law for the protection of the pecuniary interests of
\n7*[the Government] 8****;<\/p>\n

Tenth.–Every officer whose duty it is, as such officer, to
\ntake, receive, keep or expend any property, to make any survey or
\nassessment or to levy any rate or tax for any secular common
\npurpose of any village, town or district, or to make,
\nauthenticate or keep any document for the ascertaining of the
\nrights of the people of any village, town or district;
\n———————————————————————-
\n1. Cl. First omitted by the A. O. 1950.<\/p>\n

2. Subs. by Act 10 of 1927, s. 2 and Sch. I, for “or Naval”.<\/p>\n

3. Subs. by the A. O. 1948, for “of the Queen while serving under
\nany Government in British India or the Crown Representative”.<\/p>\n

4. The words “of the Dominion” omitted by the A. O. 1950.<\/p>\n

5. Subs. by Act 40 of 1964, s. 2, for cl. Third.<\/p>\n

6. Ins. by s. 2, ibid.<\/p>\n

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

8. Certain words omitted by Act 40 of 1964, s. 2.
\n105.<\/p>\n

1*[Eleventh.–Every person who holds any office in virtue
\nof which he is empowered to prepare, publish, maintain or revise
\nan electoral roll or to conduct an election or part of an
\nelection;]<\/p>\n

2*[Twelfth.–Every person–<\/p>\n

(a) in the service or pay of the Government or
\nremunerated by fees or commission for the performance of any
\npublic duty by the Government;<\/p>\n

(b) in the service or pay of a local authority, a
\ncorporation established by or under a Central, Provincial or
\nState Act or a Government company as defined in section 617. of the Companies Act, 1956 (1 of 1956).]<\/p>\n

Illustration<\/p>\n

A Municipal Commissioner is a public servant.<\/p>\n

Explanation 1.–Persons falling under any of the above
\ndescriptions are public servants, whether appointed by the Government
\nor not.<\/p>\n

Explanation 2.–Wherever the words “public servant” occur, they
\nshall be understood of every person who is in actual possession of the
\nsituation of a public servant, whatever legal defect there may be in
\nhis right to hold that situation.<\/p>\n

3*[Explanation 3.–The word “election” denotes an election for
\nthe purpose of selecting members of any legislative, municipal or
\nother public authority, of whatever character, the method of selection
\nto which is by, or under, any law prescribed as by election.]<\/p>\n

4* * * * *<\/p>\n

22.<\/p>\n

“Movable property”.<\/p>\n

22. “Movable property”.–The words “movable property” are
\nintended to include corporeal property of every description, except
\nland and things attached to the earth or permanently fastened to
\nanything which is attached to the earth.<\/p>\n

23.<\/p>\n

“Wrongful gain”.<\/p>\n

23. “Wrongful gain”.–“Wrongful gain” is gain by unlawful means
\nof property to which the person gaining is not legally entitled.<\/p>\n

“Wrongful loss”.<\/p>\n

“Wrongful loss”.–“Wrongful loss” is the loss by unlawful means
\nof property to which the person losing it is legally entitled.<\/p>\n

Gaining wrongfully. Losing wrongfully.<\/p>\n

Gaining wrongfully. Losing wrongfully.–A person is said to gain
\nwrongfully when such person retains wrongfully, as well as when such
\nperson acquires wrongfully. A person is said to lose wrongfully when
\nsuch person is wrongfully kept out of any property, as well as when
\nsuch person is wrongfully deprived of property.<\/p>\n

24.<\/p>\n

“Dishonestly”.<\/p>\n

24. “Dishonestly”.–Whoever does anything with the intention of
\ncausing wrongful gain to one person or wrongful loss to another
\nperson, is said to do that thing “dishonestly”.<\/p>\n

25.<\/p>\n

“Fraudulently”.<\/p>\n

25. “Fraudulently”.–A person is said to do a thing fraudulently
\nif he does that thing with intent to defraud but not otherwise.
\n———————————————————————-
\n1. Ins. by Act 39 of 1920, s. 2.
\n2. Subs. by Act 40 of 1964, s. 2, for cl. Twelfth, ins. by Act 2 of
\n1958, s. 2.
\n3. Ins. by Act 39 of 1920, s. 2.
\n4. Explanation 4 ins. by Act 2 of 1958, s. 2, omitted by Act 40 of
\n1964, s. 2.
\n106.<\/p>\n

26.<\/p>\n

“Reason to believe”.<\/p>\n

26. “Reason to believe”.–A person is said to have “reason to
\nbelieve” a thing, if he has sufficient cause to believe that thing but
\nnot otherwise.<\/p>\n

27.<\/p>\n

Property in possession of wife, clerk or servant.<\/p>\n

27. Property in possession of wife, clerk or servant.–When
\nproperty is in the possession of a persons wife, clerk or servant, on
\naccount of that person, it is in that persons possession within the
\nmeaning of this Code.<\/p>\n

Explanation.–A person employed temporarily or on a particular
\noccasion in the capacity of a clerk, or servant, is a clerk or servant
\nwithin the meaning of this section.<\/p>\n

28.<\/p>\n

“Counterfeit”.<\/p>\n

28. “Counterfeit”.–A person is said to “counterfeit” who causes
\none thing to resemble another thing, intending by means of that
\nresemblance to practise deception, or knowing it to be likely that
\ndeception will thereby be practised.<\/p>\n

1*[Explanation 1.–It is not essential to counterfeiting that
\nthe imitation should be exact.<\/p>\n

Explanation 2.–When a person causes one thing to resemble
\nanother thing, and the resemblance is such that a person might be
\ndeceived thereby, it shall be presumed, until the contrary is proved,
\nthat the person so causing the one thing to resemble the other thing
\nintended by means of that resemblance to practise deception or knew it
\nto be likely that deception would thereby be practised.]<\/p>\n

29.<\/p>\n

“Document”.<\/p>\n

29. “Document”.–The word “document” denotes any matter expressed
\nor described upon any substance by means of letters, figures or marks,
\nor by more than one of those means, intended to be used, or which may
\nbe used, as evidence of that matter.<\/p>\n

Explanation 1.–It is immaterial by what means or upon what
\nsubstance the letters, figures or marks are formed, or whether the
\nevidence is intended for, or may be used in, a Court of Justice, or
\nnot.<\/p>\n

Illustrations<\/p>\n

A writing expressing the terms of a contract, which may be used
\nas evidence of the contract, is a document.<\/p>\n

A cheque upon a banker is a document.<\/p>\n

A power-of-attorney is a document.<\/p>\n

A map or plan which is intended to be used or which may be used
\nas evidence, is a document.<\/p>\n

A writing containing directions or instructions is a document.<\/p>\n

Explanation 2.–Whatever is expressed by means of letters,
\nfigures or marks as explained by mercantile or other usage, shall be
\ndeemed to be expressed by such letters, figures or marks within the
\nmeaning of this section, although the same may not be actually
\nexpressed.<\/p>\n

Illustration<\/p>\n

A writes his name on the back of a bill of exchange payable to
\nhis order. The meaning of the endorsement as explained by mercantile
\nusage, is that the bill is to be paid to the holder. The endorsement
\nis a document, and must be construed in the same manner as if the
\nwords “pay to the holder” or words to that effect had been written
\nover the signature.<\/p>\n

30.<\/p>\n

“Valuable security”.<\/p>\n

30. “Valuable security”.–The words “valuable security” denote a
\ndocument which is, or purports to be, a document whereby any legal
\nright is created, extended, transferred, restricted, extinguished or
\nreleased, or who hereby any person acknowledges that he lies under
\nlegal liability, or has not a certain legal right.
\n———————————————————————-
\n1. Subs. by Act 1 of 1889, s. 9, for the original Explanation.<\/p>\n

107.<\/p>\n

Illustration<\/p>\n

A writes his name on the back of a bill of exchange. As the
\neffect of this endorsement is to transfer the right to the bill to any
\nperson who may become the lawful holder of it, the endorsement is a
\n“valuable security”.<\/p>\n

31.
\n“A will”.<\/p>\n

31. “A will”.–The words “a will” denote any testamentary
\ndocument.<\/p>\n

32.<\/p>\n

Words referring to acts include illegal omissions.<\/p>\n

32. Words referring to acts include illegal omissions.–In every
\npart of this Code, except where a contrary intention appears FROM the
\ncontext, words which refer to acts done extend also to illegal
\nomissions.<\/p>\n

33.<\/p>\n

“Act”. “Omission”.<\/p>\n

33. “Act”. “Omission”.–The word “act” denotes as well as series
\nof acts as a single act: the word “omission” denotes as well a series
\nof omissions as a single omission.<\/p>\n

34.<\/p>\n

Acts done by several persons in futherance of common intention.<\/p>\n

1*[34. Acts done by several persons in futherance of common
\nintention.–When a criminal act is done by several persons in
\nfurtherance of the common intention of all, each of such persons is
\nliable for that act in the same manner as if it were done by him
\nalone.]<\/p>\n

35.<\/p>\n

When such an act is criminal by reason of its being done with a
\ncriminal knowledge or intention.<\/p>\n

35. When such an act is criminal by reason of its being done with
\na criminal knowledge or intention.–Whenever an act, which is criminal
\nonly by reason of its being done with a criminal knowledge or
\nintention, is done by several persons, each of such persons who joins
\nin the act with such knowledge or intention is liable for the act in
\nthe same manner as if the act were done by him alone with that
\nknowledge or intention.<\/p>\n

36.<\/p>\n

Effect caused partly by act and partly by omission.<\/p>\n

36. Effect caused partly by act and partly by omission.–Wherever
\nthe causing of a certain effect, or an attempt to cause that effect,
\nby an act or by an omission, is an offence, it is to be understood
\nthat the causing of that effect partly by an act and partly by an
\nomission is the same offence.<\/p>\n

Illustration<\/p>\n

A intentionally causes Zs death, partly by illegally omitting to
\ngive Z food, and party by beating Z. A has committed murder.<\/p>\n

37.<\/p>\n

Co-operation by doing one of several acts constituting an offence.<\/p>\n

37. Co-operation by doing one of several acts constituting an
\noffence.–When an offence is committed by means of several acts,
\nwhoever intentionally co-operates in the commission of that offence by
\ndoing any one of those acts, either singly or jointly with any other
\nperson, commits that offence.<\/p>\n

Illustrations<\/p>\n

(a) A and B agree to murder Z by severally and at different times
\ngiving him small doses of poison. A and B administer the poison
\naccording to the agreement with intent to murder Z. Z dies FROM the
\neffects the several doses of poison so administered to him. Here A and
\nB intentionally co operate in the commission of murder and as each of
\nthem does an act by which the death is caused, they are both guilty of
\nthe offence though their acts are separate.<\/p>\n

(b) A and B are joint jailors, and as such have the charge of Z,
\na prisoner, alternatively for six hours at a time. A and B, intending
\nto cause Zs death, knowingly co-operate in causing that effect by
\nillegally omitting, each during the time of his attendance, to furnish
\nZ with food supplied to them for that purpose. Z dues of hunger. Both
\nA and B are guilty of the murder of Z.
\n———————————————————————-
\n1. Subs. by Act 27 of 1870, s. 1, for the original section.<\/p>\n

108.<\/p>\n

(c) A, a jailor, has the charge of Z, a prisoner. A, intending to
\ncause Zs death, illegally omits to supply Z with food; in consequence
\nof which Z is much reduced in strength, but the starvation is not
\nsufficient to cause his death. A is dismissed FROM his office, and B
\nsucceeds him. B, without collusion or co-operation with A, illegally
\nomits to supply Z with food, knowing that he is likely thereby to
\ncause Zs death. Z dies of hunger. B is guilty of murder, but, as A
\ndid not co-operate with B. A is guilty only of an attempt to commit
\nmurder.<\/p>\n

38.<\/p>\n

Persons concerned in criminal Act may be guilty of different
\noffences.<\/p>\n

38. Persons concerned in criminal Act may be guilty of different
\noffences.–Where several persons are engaged or concerned in the
\ncommission of a criminal act, they may be guilty of different offences
\nby means of that act.<\/p>\n

Illustration<\/p>\n

A attacks Z under such circumstances of grave provocation that
\nhis killing of Z would be only culpable homicide not amounting to
\nmurder. B, HAVING ill-will towards Z and intending to kill him, and
\nnot HAVING been subject to the provocation, assists A in killing Z.
\nHere, though A and B are both engaged in causing Zs death, B is
\nguilty of murder, and A is guilty only of culpable homicide.<\/p>\n

39.<\/p>\n

“Voluntarily”.<\/p>\n

39. “Voluntarily”.–A person is said to cause an effect
\n“voluntarily” when he causes it by means whereby he intended to cause
\nit, or by means which, at the time of employing those means, he knew
\nor had reason to believe to be likely to cause it.<\/p>\n

Illustration<\/p>\n

A sets fire, by night, to an inhabited house in a large town, for
\nthe purpose of facilitating a robbery and thus causes the death of a
\nperson. Here, A may not have intended to cause death; and may even be
\nsorry that death has been caused by his act; yet, if he knew that he
\nwas likely to cause death, he has caused death voluntarily.<\/p>\n

40.<\/p>\n

“Offence”.<\/p>\n

1*[40. “Offence”.–Except in the 2*[Chapters] and sections
\nmentioned in clauses 2 and 3 of this section, the word “offence”
\ndenotes a thing made punishable by this Code.<\/p>\n

In Chapter IV, 3*[Chapter VA] and in the following sections,
\nnamely, sections 4*[64, 65, 66, 5*[67], 71], 109, 110, 112, 114, 115,
\n116, 117, 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224,225,
\n327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word
\n“offence” denotes a thing punishable under this Code, or under any
\nspecial or local law as hereinafter defined.<\/p>\n

And in sections 141, 176, 177, 201, 202, 212, 216 and 441, the
\nword “offence” has the same meaning when the thing punishable under
\nthe special or local law is punishable under such law with
\nimprisonment for a term of six months or upwards, whether with or
\nwithout fine.]<\/p>\n

41.
\n“Special law”.<\/p>\n

41. “Special law”.–A “special law” is a law applicable to a
\nparticular subject.<\/p>\n

42.<\/p>\n

“Local law”.<\/p>\n

42. “Local law”.–A “local law” is a law applicable only to a
\nparticular part of 6* [7**** 8*[India]].
\n———————————————————————-
\n1. Subs. by Act 27 of 1870, s. 2, for the original s. 40.<\/p>\n

2. Subs. by Act 8 of 1930, s. 2 and Sch. I, for “chapter”.<\/p>\n

3. Ins. by Act 8 of 1913, s. 2.
\n4. Ins. by Act 8 of 1882, s. 1. 5. Ins. by Act 10 of 1886, s. 21 (1).<\/p>\n

6. Subs. by the A.O. 1948, for “British India”.<\/p>\n

7. The words “the territories comprised in” were rep. by Act 48 of
\n1952, s. 3 and Sch. II.<\/p>\n

8. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.
\n———————————————————————<\/p>\n

109.<\/p>\n

43.<\/p>\n

“Illegal”.<\/p>\n

“Legally bound to do”.<\/p>\n

43. “Illegal”. “Legally bound to do”.–The word “illegal” is
\napplicable to everything which is an offence or which is prohibited by
\nlaw, or which furnishes ground for a civil action; and a person is
\nsaid to be “legally bound to do” whatever it is illegal in him to
\nomit.<\/p>\n

44.<\/p>\n

“Injury”.<\/p>\n

44. “Injury”.–The word “injury” denotes any harm whatever
\nillegally caused to any person, in body, mind, reputation or property.<\/p>\n

45.<\/p>\n

“Life”.<\/p>\n

45. “Life”.–The word “life” denotes the life of a human being,
\nunless the contrary appears FROM the context.<\/p>\n

46.<\/p>\n

“Death”.<\/p>\n

46. “Death”.–The word “death” denotes the death of a human being
\nunless the contrary appears FROM the context.<\/p>\n

47.<\/p>\n

“Animal”.<\/p>\n

47. “Animal”.–The word “animal” denotes any living creature,
\nother than a human being.<\/p>\n

48.<\/p>\n

“Vessel”.<\/p>\n

48. “Vessel”.–The word “vessel” denotes anything made for the
\nconveyance by water of human beings or of property.<\/p>\n

49.<\/p>\n

“Year”.<\/p>\n

“Month”.<\/p>\n

49. “Year”. “Month”.–Wherever the word “year” or the word
\n“month” is used, it is to be understood that the year or the month is
\nto be reckoned according to the British calendar.<\/p>\n

50.<\/p>\n

“Section”.<\/p>\n

50. “Section”.–The word “section” denotes one of those portions
\nof a Chapter of this Code which are distinguished by prefixed numeral
\nfigures.<\/p>\n

51.
\n“Oath”.<\/p>\n

51. “Oath”.–The word “oath” includes a solemn affirmation
\nsubstituted by law for an oath, and any declaration required or
\nauthorized by law to be made before a public servant or to be used for
\nthe purpose of proof, whether in a Court of Justice or not.<\/p>\n

52.<\/p>\n

“Good faith”.<\/p>\n

52. “Good faith”.–Nothing is said to be done or believed in
\n“good faith” which is done or believed without due care and attention.<\/p>\n

52A.<\/p>\n

“Harbour”.<\/p>\n

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

CHAPTER IIIOF PUNISHMENTS<\/p>\n

<\/span><\/strong><\/span><\/strong>
\n53. Punishments.–The punishments to which offenders are liable
\nunder the provisions of this Code are–<\/p>\n

\u00a0<\/p>\n

First.–Death;<\/p>\n

2*[Secondly.–Imprisonment for life;]<\/p>\n

3* * * * *<\/p>\n

Fourthly.–Imprisonment, which is of two descriptions,
\nnamely:-<\/p>\n

(1) Rigorous, that is with hard labour;<\/p>\n

(2) Simple;<\/p>\n

Fifthly.–Forfeiture of property;<\/p>\n

Sixthly.–Fine.
\n———————————————————————-
\n1. Ins. by Act 8 of 1942. s. 2.
\n2. Subs. by Act 26 of 1955, s. 117 and Sch., for “Secondly.–
\nTransportation;”(w.e.f. 1-1-1956).<\/p>\n

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

110.<\/p>\n

53A.<\/p>\n

Construction of reference to transportation.<\/p>\n

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

(2) In every case in which a sentence of transportation for a
\nterm has been passed before the commencement of the Code of Criminal
\nProcedure (Amendment) Act, 2*[1955], (26 of 1955), the offender
\nshall be dealt with in the same manner as if sentenced to rigorous
\nimprisonment for the same term.<\/p>\n

(3) Any reference to transportation for a term or to
\ntransportation for any shorter term (by whatever name called) in any
\nother law for the time being in force shall be deemed to have been
\nomitted.<\/p>\n

(4) Any reference to “transportation” in any other law for the
\ntime being in force shall,-<\/p>\n

(a) if the expression means transportation for life, be
\nconstrued as a reference to imprisonment for life;<\/p>\n

(b) if the expression means transportation for any shorter
\nterm, be deemed to have been omitted.]<\/p>\n

54.<\/p>\n

Commutation of sentence of death.<\/p>\n

54. Commutation of sentence of death.–In every case in which
\nsentence of death shall have been passed, 3*[the appropriate
\nGovernment] may, without the consent of the offender, commute the
\npunishment for any other punishment provided by this Code.<\/p>\n

55.<\/p>\n

Commutation of sentence of imprisonment for life.<\/p>\n

55. Commutation of sentence of imprisonment for life.–In every
\ncase in which sentence of 4*[imprisonment] for life shall have been
\npassed, 5[the appropriate Government] may, without the consent of the
\noffender, commute the punishment for imprisonment of either
\ndescription for a term not exceeding fourteen years.<\/p>\n

55A.<\/p>\n

Definition of “appropriate Government”.<\/p>\n

6*[55A. Definition of “appropriate Government”.–In sections
\nfifty-four and fifty-five the expression “appropriate Government”
\nmeans,-<\/p>\n

(a) in cases where the sentence is a sentence of death or is
\nfor an offence against any law relating to a matter to which the
\nexecutive power of the Union extends, the Central Government; and<\/p>\n

(b) in cases where the sentence (whether of death or not) is
\nfor an offence against any law relating to a matter to which the
\nexecutive power of the State extends, the Government of the State
\nwithin which the offender is sentenced.]<\/p>\n

56.<\/p>\n

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

57.<\/p>\n

Fractions of terms of punishment.<\/p>\n

57. Fractions of terms of punishment.–In calculating fractions
\nof terms of punishment, 4[imprinsonment] for life shall be reckoned as
\nequivalent to 4[imprisonment] for twenty years.<\/p>\n

58.<\/p>\n

58. [Offenders sentenced to transportation how dealt with until
\ntransported.] Rep. by the Code of Criminal Procedure (Amendment) Act,
\n1955 (26 of 1955), s. 117 and Sch.
\n———————————————————————-
\n1. Ins. by Act 26 of 1955, s. 117 and Sch. (w.e.f. 1-1-1956).<\/p>\n

2. Subs. by Act 36 of 1957, s. 3 and Sch. II, for “1954”.<\/p>\n

3. Subs. by the A. O. 1950, for “the Central Government or the
\nProvincial Government of the Province within which the offender
\nshall have been sentenced”.<\/p>\n

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

5. Subs. by the A. O. 1950, for “the provincial Government of the
\nProvince within which the offender shall have been sentenced”.<\/p>\n

6. Subs., ibid, for s. 55A which had been ins. by the A. O. 1937. ———————————————————————<\/p>\n

111.<\/p>\n

59.<\/p>\n

59. [Transportation instead of imprisonment.] Rep. by the Code of
\nCriminal Procedure (Amendment) Act, 1955 (26 of 1955) s.117 and Sch.,
\n(w.e.f. 1-1-1956).<\/p>\n

60.<\/p>\n

Sentence may be (in certain cases of imprisonment) wholly or partly
\nrigorous or simple.<\/p>\n

60. Sentence may be (in certain cases of imprisonment) wholly or
\npartly rigorous or simple.–In every case in which an offender is
\npunishable with imprisonment which may be of either description, it
\nshall be competent to the Court which sentences such offender to
\ndirect in the sentence that such imprisonment shall be wholly
\nrigorous, or that such imprisonment shall be wholly simple or] that
\nany part of such imprisonment shall be rigorous and the rest simple.<\/p>\n

61.
\n61. [Sentence of forfeiture of property.] Rep. by the Indian
\nPenal Code (Amendment) Act, 1921 (16 of 1921), s. 4.<\/p>\n

62.<\/p>\n

62. [Forfeiture of property, in respect of offenders punishable
\nwith death, transportation or imprisonment.] Rep., by s. 4 ibid.<\/p>\n

63.<\/p>\n

Amount of fine.<\/p>\n

63. Amount of fine.–Where no sum is expressed to which a fine
\nmay extend, the amount of fine to which the offender is liable is
\nunlimited, but shall not be excessive.<\/p>\n

64.<\/p>\n

Sentence of imprisonment for non-payment of fine.<\/p>\n

64. Sentence of imprisonment for non-payment of fine.–1*[In
\nevery case of an offence punishable with imprisonment as well as fine,
\nin which the offender is sentenced to a fine, whether with or without
\nimprisonment,<\/p>\n

and in every case of an offence punishable 2*[with
\nimprisonment or fine, or] with fine only, in which the offender is
\nsentenced to a fine.]<\/p>\n

it shall be competent to the Court which sentences such offender
\nto direct by the sentence that, in default of payment of the fine, the
\noffender shall suffer imprisonment for a certain term, which
\nimprisonment shall be in excess of any other imprisonment to which he
\nmay have been sentenced or to which he may be liable under a
\ncommutation of a sentence.<\/p>\n

65.<\/p>\n

LIMIT to imprisonment for non-payment of fine, when imprisonment and
\nfine awardable.<\/p>\n

65. LIMIT to imprisonment for non-payment of fine, when
\nimprisonment and fine awardable.–The term for which the Court directs
\nthe offender to be imprisoned in default of payment of a fine shall
\nnot exceed one-fourth of the term of imprisonment which is the maximum
\nfixed for the offence, if the offence be punishable with imprisonment
\nas well as fine.<\/p>\n

66.<\/p>\n

Description of imprisonment for non-payment of fine.<\/p>\n

66. Description of imprisonment for non-payment of fine.–The
\nimprisonment which the Court imposes in default of payment of a fine
\nmay be of any description to which the offender might have been
\nsentenced for the offence.<\/p>\n

67.<\/p>\n

Imprisonment for non-payment of fine, when offence punishable with
\nfine only.<\/p>\n

67. Imprisonment for non-payment of fine, when offence punishable
\nwith fine only.–If the offence be punishable with fine only,
\n3*[the imprisonment which the Court imposes in default of payment of
\nthe fine shall be simple, and] the term for which the Court directs
\nthe offender to be imprisoned, in default of payment of fine, shall
\nnot exceed the following scale, that is to say, for any term not
\nexceeding two months when the amount of the fine shall not exceed
\nfifty rupees, and for any term not exceeding four months when the
\namount shall not exceed one hundred rupees, and for any term not
\nexceeding six months in any other case.<\/p>\n

68.<\/p>\n

Imprisonment to terminate on payment of fine.<\/p>\n

68. Imprisonment to terminate on payment of fine.–The
\nimprisonment which is imposed in default of payment of a fine shall
\nterminate whenever that fine is either paid or levied by process of
\nlaw.
\n———————————————————————-
\n1. Subs. by Act 8 of 1882, s. 2, for “in every case in which an
\noffender is sentenced to a fine”.<\/p>\n

2. Ins, by Act 10 of 1886, s. 21(2).<\/p>\n

3. Ins by Act 8 of 1882, s. 3.
\n112.<\/p>\n

69.<\/p>\n

Termination of imprisonment on payment of proportional part of fine.<\/p>\n

69. Termination of imprisonment on payment of proportional part
\nof fine.–If, before the expiration of the term of imprisonment fixed
\nin default of payment, such a proportion of the fine be paid or levied
\nthat the term of imprisonment suffered in default of payment is not
\nless than proportional to the part of the fine still unpaid, the
\nimprisonment shall terminate.<\/p>\n

Illustration<\/p>\n

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

70.<\/p>\n

Fine leviable within six years, or during imprisonment. Death not to
\ndischarge property FROM liability.<\/p>\n

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

71.
\nLIMIT of punishment of offence made up of several offences.<\/p>\n

71. LIMIT of punishment of offence made up of several offences.–
\nWhere anything which is an offence is made up of parts, any of which
\nparts is itself an offence, the offender shall not be punished with
\nthe punishment of more than one of such his offences, unless it be so
\nexpressly provided.<\/p>\n

1*[Where anything is an offence falling within two or more
\nseparate definitions of any law in force for the time being by which
\noffences are defined or punished, or<\/p>\n

where several acts, of which one or more than one would by itself
\nor themselves constitute an offence, constitute, when combined, a
\ndifferent offence,<\/p>\n

the offender shall not be punished with a more severe punishment
\nthan the Court which tries him could award for any one of such
\noffences].<\/p>\n

Illustrations<\/p>\n

(a) A gives Z fifty strokes with a stick. Here A may have
\ncommitted the offence of voluntarily causing hurt to Z by the whole
\nbeating, and also by each of the blows which make up the whole
\nbeating. If A were liable to punishment for every blow, he might be
\nimprisoned for fifty years, one for each blow. But he is liable only
\nto one punishment for the whole beating.<\/p>\n

(b) But, if, while A is beating Z, Y interferes, and A
\nintentionally strikes Y, here, as the blow given to Y is no part of
\nthe act whereby A voluntarily causes hurt to Z, A is liable to one
\npunishment for voluntarily causing hurt to Z, and to another for the
\nblow given to Y.<\/p>\n

72.<\/p>\n

Punishment of person guilty of one of several offences, the judgment
\nstating that it is doubtful of which.<\/p>\n

72. Punishment of person guilty of one of several offences, the
\njudgment stating that it is doubtful of which.–In all cases in which
\njudgment is given that a person is guilty of one of several offences
\nspecified in the judgment, but that it is doubtful of which of these
\noffences he is guilty, the offender shall be punished for the offence
\nfor which the lowest punishment is provided if the same punishment is
\nnot provided for all.
\n———————————————————————-
\n1. Ins by Act 8 of 1882, s, 4. ———————————————————————-<\/p>\n

113.<\/p>\n

73.<\/p>\n

Solitary confinement.<\/p>\n

73. Solitary confinement.–Whenever any person is convicted of an
\noffence for which under this Code the Court has power to sentence him
\nto rigorous imprisonment, the Court may, by its sentence, ORDER that
\nthe offender shall be kept in solitary confinement for any portion or
\nportions of the imprisonment to which he is sentenced, not exceeding
\nthree months in the whole, according to the following scale, that is
\nto say–<\/p>\n

a time not exceeding one month if the term of imprisonment shall
\nnot exceed six months:<\/p>\n

a time not exceeding two months if the term of imprisonment shall
\nexceed six months and 1*[shall not exceed one] year:<\/p>\n

a time not exceeding three months if the term of imprisonment
\nshall exceed one year.<\/p>\n

74.<\/p>\n

LIMIT of solitary confinement.<\/p>\n

74. LIMIT of solitary confinement.–In executing a sentence of
\nsolitary confinement, such confinement shall in no case exceed
\nfourteen days at a time, with intervals between the periods of
\nsolitary confinement of not less duration than such periods; and when
\nthe imprisonment awarded shall exceed three months, the solitary
\nconfinement shall not exceed seven days in any one month of the whole
\nimprisonment awarded, with intervals between the periods of solitary
\nconfinement of not less duration than such periods.<\/p>\n

75.<\/p>\n

Enhanced punishment for certain offence under Chapter XII or Chapter
\nXVII after previous conviction.<\/p>\n

2*[75. Enhanced punishment for certain offences under Chapter
\nXII or Chapter XVII after previous conviction.–Whoever, HAVING been
\nconvicted,-<\/p>\n

(a) by a Court in 3*[India], of an offence punishable
\nunder Chapter XII or Chapter XVII of this Code with imprisonment
\nof either description for a term of three years or upwards, 4****<\/p>\n

4* * * * *<\/p>\n

shall be guilty of any offence punishable under either of those
\nChapters with like imprisonment for the like term, shall be subject
\nfor every such subsequent offence to 5*[imprisonment for life] or
\nto imprisonment of either description for a term which may extend to
\nten years.]<\/p>\n

CHAPTER IVGENERAL EXCEPTIONS<\/p>\n

<\/span><\/strong><\/span><\/strong>
\n76. Act done by a person bound, or by mistake of fact believing
\nhimself bound, by law.–Nothing is an offence which is done by a
\nperson who is, or who by reason of a mistake of fact and not by reason
\nof a mistake of law in good faith believes himself to be, bound by law
\nto do it.<\/p>\n

\u00a0<\/p>\n

Illustrations<\/p>\n

(a) A, a soldier, fires on a mob by the ORDER of his superior
\nofficer, in conformity with the commands of the law. A has committed
\nno offence.<\/p>\n

(b) A, an officer of a Court of Justice, being ordered by that
\nCourt to arrest Y, and after due enquiry, believing Z to be Y, arrests
\nZ. A has committed no offence.<\/p>\n

77.<\/p>\n

Act of Judge when acting judicially.<\/p>\n

77. Act of Judge when acting judicially.–Nothing is an offence
\nwhich is done by a Judge when acting judicially in the exercise of any
\npower which is, or which in good faith he believes to be, given to him
\nby law.
\n———————————————————————-
\n1. Subs. by Act 8 of 1882, s. 5, for “be less than a”.<\/p>\n

2. Subs. by Act 3 of 1910, s. 2, for the original section.<\/p>\n

3. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.<\/p>\n

4. The word “or” at the end of cl. (a) and cl. (b) were omitted by
\ns. 3 and Sch., ibid.<\/p>\n

5. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife” (w.e.f. 1-1-1956).
\n———————————————————————-<\/p>\n

114.<\/p>\n

78.<\/p>\n

Act done pursuant to the judgment or ORDER of Court.<\/p>\n

78. Act done pursuant to the judgment or ORDER of Court.–Nothing
\nwhich is done in pursuance of, or which is warranted by the judgment
\nor ORDER of, a Court of Justice, if done whilst such judgment or order
\nremains in force, is an offence, notwithstanding the Court may have
\nhad no jurisdiction to pass such judgment or order, provided the
\nperson doing the act in good faith believes that the Court had such
\njurisdiction.<\/p>\n

79.<\/p>\n

Act done by a person justified, or by mistake of fact believing
\nhimself, justified, by law.<\/p>\n

79. Act done by a person justified, or by mistake of fact
\nbelieving himself, justified, by law.–Nothing is an offence which is
\ndone by any person who is justified by law, or who by reason of a
\nmistake of fact and not by reason of a mistake of law in good faith,
\nbelieves himself to be justified by law, in doing it.<\/p>\n

Illustration<\/p>\n

A sees Z commit what appears to A to be a murder. A, in the
\nexercise, to the best of his judgment exerted in good faith, of the
\npower which the law gives to all persons of apprehending murderers in
\nthe fact, seizes Z, in ORDER to bring Z before the proper authorities.
\nA has committed no offence, though it may turn out that Z was acting
\nin self-defence.<\/p>\n

80.<\/p>\n

Accident in doing a lawful act.<\/p>\n

80. Accident in doing a lawful act.–Nothing is an offence which
\nis done by accident or misfortune, and without any criminal intention
\nor knowledge in the doing of a lawful act in a lawful manner by lawful
\nmeans and with proper care and caution.<\/p>\n

Illustration<\/p>\n

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

81.
\nAct likely to cause harm, but done without criminal intent, and to
\nprevent other harm.<\/p>\n

81. Act likely to cause harm, but done without criminal intent,
\nand to prevent other harm.–Nothing is an offence merely by reason of
\nits being done with the knowledge that it is likely to cause harm, if
\nit be done without any criminal intention to cause harm, and in good
\nfaith for the purpose of preventing or avoiding other harm to person
\nor property.<\/p>\n

Explanation.-It is a question of fact in such a case whether the
\nharm to be prevented or avoided was of such a nature and so imminent
\nas to justify or excuse the risk of doing the act with the knowledge
\nthat it was likely to cause harm.<\/p>\n

Illustrations<\/p>\n

(a) A, the captain of a steam vessel, suddenly and without any
\nfault or negligence on his part, finds himself in such a position
\nthat, before he can stop his vessel, he must inevitably run down a
\nboat B, with twenty or thirty passengers on board, unless he changes
\nthe course of his vessel, and that, by changing his course, he must
\nincur risk of running down a boat C with only two passengers on board,
\nwhich he may possibly clear. Here, if A alters his course without any
\nintention to run down the boat C and in good faith for the purpose of
\navoiding the danger to the passengers in the boat B, he is not guilty
\nof an offence, though he may run down the boat C by doing an which he
\nknew was likely to cause that effect, if it be found as a matter of
\nfact that the danger which he intended to avoid was such as to excuse
\nhim in incurring the risk of running down C.<\/p>\n

(b) A, in a great fire, pulls down houses in ORDER to prevent the
\nconflagration FROM spreading. He does this with the intention in good
\nfaith of saving human life or property. Here, if it be found that the
\nharm to be prevented was of such a nature and so imminent as to excuse
\nAs act, A is not guilty of the offence.<\/p>\n

115.<\/p>\n

82.<\/p>\n

Act of a child under seven years of age.<\/p>\n

82. Act of a child under seven years of age.–Nothing is an
\noffence which is done by a child under seven years of age.<\/p>\n

83.<\/p>\n

Act of a child above seven and under twelve of immature
\nunderstanding.<\/p>\n

83. Act of a child above seven and under twelve of immature
\nunderstanding.–Nothing is an offence which is done by a child above
\nseven years of age and under twelve, who has not attained sufficient
\nmaturity of understanding to judge of the nature and consequences of
\nhis conduct on that occasion.<\/p>\n

84.<\/p>\n

Act of a person of unsound mind.<\/p>\n

84. Act of a person of unsound mind.–Nothing is an offence which
\nis done by a person who, at the time of doing it, by reason of
\nunsoundness of mind, is incapable of knowing the nature of the act, or
\nthat he is doing what is either wrong or contrary to law.<\/p>\n

85.<\/p>\n

Act of a person incapable of judgment by reason of intoxication caused
\nagainst his will.<\/p>\n

85. Act of a person incapable of judgment by reason of
\nintoxication caused against his will.–Nothing is an offence which is
\ndone by a person who, at the time of doing it, is, by reason of
\nintoxication, incapable of knowing the nature of the act, or that he
\nis doing what is either wrong, or contrary to law: provided that the
\nthing which intoxicated him was administered to him without his
\nknowledge or against his will.<\/p>\n

86.<\/p>\n

Offence requiring a particular intent or knowledge committed by one
\nwho is intoxicated.<\/p>\n

86. Offence requiring a particular intent or knowledge committed
\nby one who is intoxicated.–In cases where an act done is not an
\noffence unless done with a particular knowledge or intent, a person
\nwho does the act in a state of intoxication shall be liable to be
\ndealt with as if he had the same knowledge as he would have had if he
\nhad not been intoxicated, unless the thing which intoxicated him was
\nadministered to him without his knowledge or against his will.
\n\u00a0<\/p>\n

\u00a0
\n87.<\/p>\n

Act not intended and not known to be likely to cause death or grievous
\nhurt, done by consent.<\/p>\n

87. Act not intended and not known to be likely to cause death or
\ngrievous hurt, done by consent.–Nothing which is not intended to
\ncause death, or grievous hurt, and which is not known by the doer to
\nbe likely to cause death or grievous hurt, is an offence by reason of
\nany harm which it may cause, or be intended by the doer to cause, to
\nany person, above eighteen years of age, who has given consent,
\nwhether express or implied, to suffer that harm; or by reason of any
\nharm which it may be known by the doer to be likely to cause to any
\nsuch person who has consented to take the risk of that harm.<\/p>\n

Illustration<\/p>\n

A and Z agree to fence with each other for amusement. This
\nagreement implies the consent of each to suffer any harm which, in the
\ncourse of such fencing, may be caused without foul play; and if A,
\nwhile playing fairly, hurts Z, A commits no offence.<\/p>\n

88.<\/p>\n

Act not intended to cause death, done by consent in good faith for
\npersons benefit.<\/p>\n

88. Act not intended to cause death, done by consent in good
\nfaith for persons benefit.–Nothing, which is not intented to cause
\ndeath, is an offence by reason of any harm which it may cause, or be
\nintended by the doer to cause, or be known by the doer to be likely to
\ncause, to any person for whose benefit it is done in good faith, and
\nwho has given a consent, whether express or implied to suffer that
\nharm, or to take the risk of that harm.<\/p>\n

Illustration<\/p>\n

A, a surgeon, knowing that a particular operation is likely to
\ncause the death of Z, who suffers under the painful complaint, but not
\nintending to cause Zs death, and intending, in good faith, Zs
\nbenefit, performs that operation on Z, with Zs consent. A has
\ncommitted no offence.<\/p>\n

89.<\/p>\n

Act done in good faith for benefit of child or insane person, by or by
\nconsent of guardian.<\/p>\n

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

116.<\/p>\n

Provisos.<\/p>\n

Provisos.-First.-That this exception shall not extend to the
\nintentional causing of death, or to the attempting to cause
\ndeath;<\/p>\n

Secondly.-That this exception shall not extend to the doing
\nof anything which the person doing it knows to be likely to cause
\ndeath, for any purpose other than the preventing of death or
\ngrievous hurt, or the curing of any grievous disease or
\ninfirmity;<\/p>\n

Thirdly.-That this exception shall not extend to the
\nvoluntary causing of grievous hurt, or to the attempting to cause
\ngrievous hurt, unless it be for the purpose of preventing death
\nor grievous hurt, or the curing of any grievous disease or
\ninfirmity;<\/p>\n

Fourthly.-That this exception shall not extend to the
\nabetment of any offence, to the committing of which offence it
\nwould not extend.<\/p>\n

Illustration<\/p>\n

A, in good faith, for his childs benefit without his childs
\nconsent, has his child cut for the stone by a surgeon knowing it to be
\nlikely that the operation will cause the childs death, but not
\nintending to cause the childs death. A is within the exception, in as
\nmuch as his object was the cure of the child.<\/p>\n

90.<\/p>\n

Consent known to be given under fear or misconception.<\/p>\n

90. Consent known to be given under fear or misconception.–A
\nconsent is not such a consent as is intended by any section of this
\nCode, if the consent is given by a person under fear of injury, or
\nunder a misconception of fact, and if the person doing the act knows,
\nor has reason to believe, that the consent was given in consequence of
\nsuch fear or misconception; or<\/p>\n

Consent of insane person.<\/p>\n

Consent of insane person.-if the consent is given by a person
\nwho, FROM unsoundness of mind, or intoxication, is unable to
\nunderstand the nature and consequence of that to which he gives his
\nconsent; or<\/p>\n

Consent of child.<\/p>\n

Consent of child.-unless the contrary appears FROM the context, if
\nthe consent is given by a person who is under twelve years of age.<\/p>\n

91.
\nExclusion of acts which are offences independently of harm cause.<\/p>\n

91. Exclusion of acts which are offences independently of harm
\ncause.–The exceptions in sections 87, 88 and 89 do not extend to acts
\nwhich are offences independently of any harm which they may cause, or
\nbe intended to cause, or be known to be likely to cause, to the person
\ngiving the consent, or on whose behalf the consent is given.<\/p>\n

Illustration<\/p>\n

Causing miscarriage (unless caused in good faith for the purpose
\nof saving the life of the woman) is offence inexpediently of any harm
\nwhich it may cause or be intended to cause to the woman. Therefore, it
\nis not an offence “by reason of such harm”; and the consent of the
\nwoman or of her guardian to the causing of such miscarriage does not
\njustify the act.<\/p>\n

92.<\/p>\n

Act done in good faith for benefit of a person without consent.<\/p>\n

92. Act done in good faith for benefit of a person without
\nconsent.-Nothing is an offence by reason of any harm which it may
\ncauses to a person for whose benefit it is done in good faith, even
\nwithout that persons consent, if the circumstances are such that it
\nis impossible for that person to signify consent, or if that person is
\nincapable of giving consent, and has no guardian or other person in
\nlawful charge of him FROM whom it is possible to obtain consent in
\ntime for the thing to be done with benefit: Provided-<\/p>\n

Provisos.<\/p>\n

117.<\/p>\n

Provisos.-First.-That this exception shall not extend to the
\nintentional causing of death or the attempting to cause death;<\/p>\n

Secondly.-That this exception shall not extend to the doing
\nof anything which the person doing it knows to be likely to cause
\ndeath, for any purpose other than the preventing of death or
\ngrievous hurt, or the curing of any grievous disease or
\ninfirmity;<\/p>\n

Thirdly.-That this exception shall not extend to the
\nvoluntary causing of hurt, or to the attempting to cause hurt,
\nfor any purpose other than the preventing of death or hurt;<\/p>\n

Fourthly.-That this exception shall not extend to the
\nabetment of any offence, to the committing of which offence it
\nwould not extend.<\/p>\n

Illustrations<\/p>\n

(a) Z is thrown FROM his horse, and is insensible. A, a surgeon,
\nfinds that Z requires to be trepanned. A, not intending Zs death, but
\nin good faith, for Zs benefit, performs the trepan before Z recovers
\nhis power of judging for himself. A has committed no offence.<\/p>\n

(b) Z is carried off by a tiger. A fires at the tiger knowing it
\nto be likely that the shot may kill Z, but not intending to kill Z,
\nand in good faith intending Zs benefit. As ball gives Z a mortal
\nwound. A has committed no offence.<\/p>\n

(c) A, a surgeon, sees a child suffer an accident which is likely
\nto prove fatal unless an operation be immediately performed. There is
\nnot time to apply to the childs guardian. A performs the operation in
\nspite of the entreaties of the child, intending, in good faith, the
\nchilds benefit. A has committed no offence.<\/p>\n

(d) A is in a house which is on fire, with Z, a child. People
\nbelow hold out a blanket. A drops the child, FROM the house-top,
\nknowing it to be likely that the fall may kill the child, but not
\nintending to kill the child, and intending, in good faith, the childs
\nbenefit. Here, even if the child is killed by the fall, A has
\ncommitted no offence.<\/p>\n

Explanation.-Mere pecuniary benefit is not benefit within the
\nmeaning of sections 88 89 and 92.<\/p>\n

93.<\/p>\n

Communication made in good faith.<\/p>\n

93. Communication made in good faith.–No communication made in
\ngood faith is an offence by reason of any harm to the person to whom
\nit is made, if it is made for the benefit of that person.<\/p>\n

Illustration<\/p>\n

A, a surgeon, in good faith, communicates to a patient his
\nopinion that he cannot live. The patient dies in consequence of the
\nshock. A has committed no offence, though he knew it to be likely that
\nthe communication might cause the patients death.<\/p>\n

94.<\/p>\n

Act to which a person is compelled by threats.<\/p>\n

94. Act to which a person is compelled by threats.–Except
\nmurder, and offences against the State punishable with death, nothing
\nis an offence which is done by a person who is compelled to do it by
\nthreats, which, at the time of doing it, reasonnably cause the
\napprehension that instant death to that person will otherwise be the
\nconsequence: Provided the person doing the act did not of his own
\naccord, or FROM a reasonable apprehension of harm to himself short of
\ninstant death, place himself in the situation by which he became
\nsubject to such constraint.<\/p>\n

Explanation 1.-A person who, of his own accord, or by reason of a
\nthreat of being beaten, joins a gang of dacoits, knowing their
\ncharacter, is not entitled to the benefit of this exception, on the
\nground of his HAVING been compelled by his associates to do anything
\nthat is an offence by law.<\/p>\n

118.<\/p>\n

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

95.<\/p>\n

Act causing slight harm.<\/p>\n

95. Act causing slight harm.–Nothing is an offence by reason
\nthat it causes, or that it is intended to cause, or that it is known
\nto be likely to cause, any harm, if that harm is so slight that no
\nperson of ordinary sense and temper would complain of such harm.<\/p>\n

Of the Right of Private Defence<\/p>\n

96.<\/p>\n

Things done in private defence.<\/p>\n

96. Things done in private defence.–Nothing is an offence which
\nis done in the exercise of the right of private defence.<\/p>\n

97.<\/p>\n

Right of private defence of the body and of property.<\/p>\n

97. Right of private defence of the body and of property.–Every
\nperson has a right, subject to the restrictions contained in section
\n99, to defend-<\/p>\n

First.–His own body, and the body of any other person,
\nagainst any offence affecting the human body;<\/p>\n

Secondly.–The property, whether movable or immovable, of
\nhimself or of any other person, against any act which is an
\noffence falling under the defintion of theft, robbery, mischief
\nor criminal trespass, or which is an attempt to commit theft,
\nrobbery, mischief or criminal trespass.<\/p>\n

98.<\/p>\n

Right of private defence against the act of a person of unsound mind,
\netc.<\/p>\n

98. Right of private defence against the act of a person of
\nunsound mind, etc.–When an act which would otherwise be a certain
\noffence, is not that offence, by reason of the youth, the want of
\nmaturity of understanding, the unsoundness of mind or the intoxication
\nof the person doing that act, or by reason of any misconception on the
\npart of that person, every person has the same right of private
\ndefence against that act which he would have if the act were that
\noffence.<\/p>\n

Illustrations<\/p>\n

(a) Z, under the influence of madness, attempts to kill A; Z is
\nguilty of no offence. But A has the same right of private defence
\nwhich he would have if Z were sane.<\/p>\n

(b) A enters by night a house which he is legally entitled to
\nenter. Z, in good faith, taking A for a house-breaker, attacks A. Here
\nZ, by attacking A under this misconception, commits no offence. But A
\nhas the same right of private defence against Z, which he would have
\nif Z were not acting under that misconception.<\/p>\n

99.<\/p>\n

Acts against which there is no right of private defence.<\/p>\n

99. Acts against which there is no right of private defence.–
\nThere is no right of private defence against an act which does not
\nreasonably cause the apprehension of death or of grievous hurt, if
\ndone, or attempted to be done, by a public servant acting in good
\nfaith under colour of his office, though that act may not be strictly
\njustifiable by law.<\/p>\n

There is no right of private defence against an act which does
\nnot reasonably cause the apprehension of death or of grievous hurt, if
\ndone, or attempted to be done, by the direction of a public servant
\nacting in good faith under colour of his office though that direction
\nmay not be strictly justifiable by law.<\/p>\n

There is no right of private defence in cases in which there is
\ntime to have recourse to protection of the public authorities.<\/p>\n

Extent to which the right may be exercised.<\/p>\n

Extent to which the right may be exercised.–The right of private
\ndefence in no case extends to the inflicting of more harm than it is
\nnecessary to inflict for the purpose of defence.<\/p>\n

119.<\/p>\n

Explanation 1.-A person is not deprived of the right of private
\ndefence against an act done, or attempted to be done, by a public
\nservant, as such, unless he knows or has reason to believe, that the
\nperson doing the act is such public servant.<\/p>\n

Explanation 2.-A person is not deprived of the right of private
\ndefence against an act done, or attempted to be done, by the direction
\nof a public servant, unless he knows, or has reason to believe, that
\nthe person doing the act is acting by such direction, or unless such
\nperson states the authority under which he acts, or if he has
\nauthority in writing, unless he produces such authority, if demanded.<\/p>\n

100.<\/p>\n

When the right of private defence of the body extends to causing
\ndeath.<\/p>\n

100. When the right of private defence of the body extends to
\ncausing death.–The right of private defence of the body extends,
\nunder the restrictions mentioned in the last preceding section, to the
\nvoluntary causing of death or of any other harm to the assailant, if
\nthe offence which occasions the exercise of the right be of any of the
\ndescriptions hereinafter enumerated, namely:-<\/p>\n

First.-Such an assault as may reasonably cause the
\napprehension that death will otherwise be the consequence of such
\nassault;<\/p>\n

Secondly.-Such an assault as may reasonably cause the
\napprehension that grievous hurt will otherwise be the consequence
\nof such assault;<\/p>\n

Thirdly.-An assault with the intention of committing rape;<\/p>\n

Fourthly.-An assault with the intention of gratifying
\nunnatural lust;<\/p>\n

Fifthly.-An assault with the intention of kidnapping or
\nabducting;<\/p>\n

Sixthly.-An assault with the intention of wrongfully
\nconfining a person, under circumstances which may reasonably
\ncause him to apprehend that he will be unable to have recourse to
\nthe public authorities for his release.<\/p>\n

101.
\nWhen such right extends to causing any harm other than death.<\/p>\n

101. When such right extends to causing any harm other than
\ndeath.–If the offence be not of any of the descriptions enumerated in
\nthe last preceding section, the right of private defence of the body
\ndoes not extend to the voluntary causing of death to the assailant,
\nbut does extend, under the restrictions mentioned in section 99, to
\nthe voluntary causing to the assailant of any harm other than death.<\/p>\n

102.<\/p>\n

Commencement and continuance of the right of private defence of the
\nbody.<\/p>\n

102. Commencement and continuance of the right of private defence
\nof the body.–The right of private defence of the body commences as
\nsoon as a reasonable apprehension of danger to the body arises FROM an
\nattempt or threat to commit the offence though the offence may not
\nhave been committed; and it continues as long as such apprehension of
\ndanger to the body continues.<\/p>\n

103.<\/p>\n

When the right of private defence of property extends to causing
\ndeath.<\/p>\n

103. When the right of private defence of property extends to
\ncausing death.–The right of private defence of property extends,
\nunder the restrictions mentioned in section 99, to the voluntary
\ncausing of death or of any other harm to the wrong-doer, if the
\noffence, the committing of which, or the attempting to commit which,
\noccasions the exercise of the right, be an offence of any of the
\ndescriptions hereinafter enumerated, namely:-<\/p>\n

First.-Robbery;<\/p>\n

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

Thirdly.-Mischief by fire committed on any building, tent or
\nvessel, which building, tent or vessel is used as a human
\ndwelling, or as a place for the custody of property;<\/p>\n

Fourthly.-Theft, mischief, or house-trespass, under such
\ncircumstances as may reasonably cause apprehension that death or
\ngrievous hurt will be the consequence, if such right of private
\ndefence is not exercised.<\/p>\n

120.<\/p>\n

104.<\/p>\n

When such right to causing any harm other than death.<\/p>\n

104. When such right to causing any harm other than death.–If
\nthe offence, the committing of which, or the attempting to commit
\nwhich occasions the exercise of the right of private defence, be
\ntheft, mischief, or criminal trespass, not of any of the descriptions
\nenumerated in the last preceding section, that right does not extend
\nto the voluntary causing of death, but does extend, subject to the
\nrestrictions mentioned in section 99, to the voluntary causing to the
\nwrong-doer of any harm other than death.<\/p>\n

105.<\/p>\n

Commencement and continuance of the right of private defence of
\nproperty.<\/p>\n

105. Commencement and continuance of the right of private defence
\nof property.–The right of private defence of property commences when
\na reasonable apprehension of danger to the property commences.<\/p>\n

The right of private defence of property against theft continues
\ntill the offender has effected his retreat with the property or either
\nthe assistance of the public authorities is obtained, or the property
\nhas been recovered.<\/p>\n

The right of private defence of property against robbery
\ncontinues as long as the offender causes or attempts to cause to any
\nperson death or hurt or wrongful restraint or as long as the fear of
\ninstant death or of instant hurt or of instant personal restraint
\ncontinues.<\/p>\n

The right of private defence of property against criminal
\ntrespass or mischief continues as long as the offender continues in
\nthe commission of criminal trespass or mischief.<\/p>\n

The right of private defence of property against house-breaking
\nby night continues as long as the house-trespass which has been begun
\nby such house-breaking continues.<\/p>\n

106.<\/p>\n

Right of private defence against deadly assault when there is risk of
\nharm to innocent person.<\/p>\n

106. Right of private defence against deadly assault when there
\nis risk of harm to innocent person.–If in the exercise of the right
\nof private defence against an assault which reasonably causes the
\napprehension of death, the defender be so situated that he cannot
\neffectually exercise that right without risk of harm to an innocent
\nperson, his right of private defence extends to the running of that
\nrisk.<\/p>\n

Illustration<\/p>\n

A is attacked by a mob who attempt to murder him. He cannot
\neffectually exercise his right of private defence without firing on
\nthe mob, and he cannot fire without risk of harming young children who
\nare mingled with the mob. A commits no offence if by so firing he
\nharms any of the children.<\/p>\n

CHAPTER VOF ABETMENT<\/p>\n

<\/span><\/strong><\/span><\/strong>107. Abetment of a thing.–A person abets the doing of a thing,
\nwho-<\/p>\n

\u00a0<\/p>\n

First.-Instigates any person to do that thing; or<\/p>\n

Secondly.-Engages with one or more other person or persons
\nin any conspiracy for the doing of that thing, if an act or
\nillegal omission takes place in pursuance of that conspiracy, and
\nin ORDER to the doing of that thing; or<\/p>\n

Thirdly.-Intentionally aids, by any act or illegal omission,
\nthe doing of that thing.<\/p>\n

Explanation 1.-A person who, by wilful misrepresentation, or by
\nwilful concealment of a material fact which he is bound to disclose,
\nvoluntarily causes or procures, or attempts to cause or procure, a
\nthing to be done, is said to instigate the doing of that thing.<\/p>\n

Illustration<\/p>\n

A, a public officer, is authorized by a warrant FROM a Court of
\nJustice to apprehend Z, B, knowing that fact and also that C is not Z,
\nwilfully represents to A that C is Z, and thereby intentionally causes
\nA to apprehend C. Here B abets by instigation the apprehension of C.<\/p>\n

121.<\/p>\n

Explanation 2.-Whoever, either prior to or at the time of the
\ncommission of an act, does anything in ORDER to facilitate the
\ncommission of that act, and thereby facilitates the commission
\nthereof, is said to aid the doing of that act.<\/p>\n

108.<\/p>\n

Abettor.<\/p>\n

108. Abettor.–A person abets an offence, who abets either the
\ncommission of an offence, or the commission of an act which would be
\nan offence, if committed by a person capable by law of committing an
\noffence with the same intention or knowledge as that of the abettor.<\/p>\n

Explanation 1.-The abetment of the illegal omission of an act may
\namount to an offence although the abettor may not himself be bound to
\ndo that act.<\/p>\n

Explanation 2.-To constitute the offence of abetment it is not
\nnecessary that the act abetted should be committed, or that the effect
\nrequisite to constitute the offence should be caused.<\/p>\n

Illustrations<\/p>\n

(a) A instigates B to murder C. B refuses to do so. A is guilty
\nof abetting B to commit murder.<\/p>\n

(b) A instigates B to murder D. B in pursuance of the instigation
\nstabs D. D recovers FROM the wound. A is guilty of instigating B to
\ncommit murder.<\/p>\n

Explanation 3.-It is not necessary that the person abetted should
\nbe capable by law of committing an offence, or that he should have the
\nsame guilty intention or knowledge as that of the abettor, or any
\nguilty intention or knowledge.<\/p>\n

Illustrations<\/p>\n

(a) A, with a guilty intention, abets a child or a lunatic to
\ncommit an act which would be an offence, if committed by a person
\ncapable by law of committing an offence, and HAVING the same intention
\nas A. Here A, whether the act be committed or not, is guilty of
\nabetting an offence.<\/p>\n

(b) A, with the intention of murdering Z, instigates B, a child
\nunder seven years of age, to do an act which causes Zs death. B, in
\nconsequence of the abetment, does the act in the absence of A and
\nthereby causes Zs death. Here, though B was not capable by law of
\ncommitting an offence, A is liable to be punished in the same manner
\nas if B had been capable by law of committing an offence, and had
\ncommitted murder, and he is therefore subject to the punishment of
\ndeath.<\/p>\n

(c) A instigates B to set fire to a dwelling-house. B, in
\nconsequence of the unsoundness of his mind, being incapable of knowing
\nthe nature of the act, or that he is doing what is wrong or contrary
\nto law, sets fire to the house in consequence of As instigation. B
\nhas committed no offence, but A is guilty of abetting the offence of
\nsetting fire to a dwelling-house, and is liable to the punishment
\nprovided for that offence.<\/p>\n

(d) A, intending to cause a theft to be committed, instigates B
\nto take property belonging to Z out of Zs possession. A induces B to
\nbelieve that the property belongs to A. B takes the property out of
\nZs possession, in good faith, believing it to be As property. B,
\nacting under this misconception, does not take dishonestly, and
\ntherefore does not commit theft. But A is guilty of abetting theft,
\nand is liable to the same punishment as if B had committed theft.<\/p>\n

Explanation 4.-The abetment of an offence being an offence, the
\nabetment of such an abetment is also an offence.<\/p>\n

Illustration<\/p>\n

A instigates B to instigate C to murder Z. B accordingly
\ninstigates C to murder Z, and C commits that offence in consequence of
\nBs instigation. B is liable to be punished for his offence with the
\npunishment for murder; and, as A instigated B to commit the offence, A
\nis also liable to the same punishment.<\/p>\n

122.<\/p>\n

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

Illustration<\/p>\n

A concerts with B a plan for poisoning Z. It is agreed that A
\nshall administer the poison. B then explains the plan to C mentioning
\nthat a third person is to administer the poison, but without
\nmentioning As name. C agrees to procure the poison, and procures and
\ndelivers it to B for the purpose of its being used in the manner
\nexplained. A administers the poison; Z dies in consequence. Here,
\nthough A and C have not conspired together, yet C has been engaged in
\nthe conspiracy in pursuance of which Z has been murdered. C has
\ntherefore committed the offence defined in this section and is liable
\nto the punishment for murder.<\/p>\n

108A.<\/p>\n

Abetment in India of offences outside India.<\/p>\n

1*[108A. Abetment in India of offences outside India.–A person
\nabets an offence within the meaning of this Code who, in 2*[India],
\nabets the commission of any act without and beyond 2*[India] which
\nwould constitute an offence if committed in 2*[India].<\/p>\n

Illustration<\/p>\n

A, in 2*[India], instigates B, a foreigner in Goa, to commit a
\nmurder in Goa, A is guilty of abetting murder.]<\/p>\n

109.<\/p>\n

Punishment of abetment if the act abetted is committed in consequence
\nand where no express provision is made for its punishment.<\/p>\n

109. Punishment of abetment if the act abetted is committed in
\nconsequence and where no express provision is made for its
\npunishment.–Whoever abets any offence shall, if the act abetted is
\ncommitted in consequence of the abetment, and no express provision is
\nmade by this Code for the punishment of such abetment, be punished
\nwith the punishment provided for the offence.<\/p>\n

Explanation.-An act or offence is said to be committed in
\nconsequence of abetment, when it is committed in consequence of the
\ninstigation, or in pursuance of the conspiracy, or with the aid which
\nconstitutes the abetment.<\/p>\n

Illustrations<\/p>\n

(a) A offers a bribe to B, a public servant, as a reward for
\nshowing A some favour in the exercise of Bs official functions. B
\naccepts the bribe. A has abetted the offence defined in section 161. (b) A instigates B to give false evidence. B, in consequence of
\nthe instigation, commits that offence. A is guilty of abetting that
\noffence, and is liable to the same punishment as B.<\/p>\n

(c) A and B conspire to poison Z. A, in pursuance of the
\nconspiracy, procures the poison and delivers it to B in ORDER that he
\nmay administer it to Z. B, in pursuance of the conspiracy, administers
\nthe poison to Z in As absence and thereby causes Zs death. Here B is
\nguilty of murder. A is guilty of abetting that offence by conspiracy,
\nand is liable to the punishment for murder.<\/p>\n

110.<\/p>\n

Punishment of abetment if person abetted does act with different
\nintention FROM that of abettor.<\/p>\n

110. Punishment of abetment if person abetted does act with
\ndifferent intention FROM that of abettor.–Whoever abets the
\ncommission of an offence shall, if the person abetted does the act
\nwith a different intention or knowledge FROM that of the abettor, be
\npunished with the punishment provided for the offence which would have
\nbeen committed if the act had been done with the intention or
\nknowledge of the abettor and with no other.
\n———————————————————————-
\n1. Added by Act 4 of 1898, s. 3.
\n2. Subs. by Act 3 of 1951, s, 3 and Sch., for “the States”.<\/p>\n

123.<\/p>\n

111.
\nLiability of abettor when one act abetted and different act done.<\/p>\n

111. Liability of abettor when one act abetted and different act
\ndone.–When an Act is abetted and a different act is done, the abettor
\nis liable for the act done, in the same manner and to the same extent
\nas if he had directly abetted it:<\/p>\n

Proviso.<\/p>\n

Proviso.–Provided the act done was a probable consequence of the
\nabetment, and was committed under the influence of the instigation, or
\nwith the aid or in pursuance of the conspiracy which constituted the
\nabetment.<\/p>\n

Illustrations<\/p>\n

(a) A instigates a child to put poison INTO the food of Z, and
\ngives him poison for that purpose. The child, in consequence of the
\ninstigation, by mistake puts the poison INTO the food of Y, which is
\nby the side of that of Z. Here if the child was acting under the
\ninfluence of As instigation, and the act done was under the
\ncircumstances a probable consequence of the abetment, A is liable in
\nthe same manner and to the same extent as if he had instigated the
\nchild to put the poison INTO the food of Y.<\/p>\n

(b) A instigates B to burn Zs house. B sets fire to the house
\nand at the same time commits theft of property there. A, though guilty
\nof abetting the burning of the house, is not guilty of abetting the
\ntheft; for the theft was a DISTINCT act, and not a probable
\nconsequence of the burning.<\/p>\n

(c) A instigates B and C to break INTO an inhabited house at
\nmidnight for the purpose of robbery, and provides them with arms for
\nthat purpose. B and C break INTO the house, and being resisted by Z,
\none of the inmates, murder Z. Here, if that murder was the probable
\nconsequence of the abetment, A is liable to the punishment provided
\nfor murder.<\/p>\n

112.<\/p>\n

Abettor when liable to cumulative punishment for act abetted and for
\nact done.<\/p>\n

112. Abettor when liable to cumulative punishment for act abetted
\nand for act done.–If the act for which the abettor is liable under
\nthe last preceding section is committed in addition to the act
\nabetted, and constitute a DISTINCT offence, the abettor is liable to
\npunishment for each of the offences.<\/p>\n

Illustration<\/p>\n

A instigates B to resist by force a distress made by a public
\nservant. B, in consequence resists that distress. In offering the
\nresistance, B voluntarily causes grievous hurt to the officer
\nexecuting the distress. As B has committed both the offence of
\nresisting the distress, and the offence of voluntarily causing
\ngrievous hurt, B is liable to punishment for both these offences; and,
\nif A knew that B was likely voluntarily to cause grievous hurt in
\nresisting the distress A will also be liable to punishment for each of
\nthe offences.<\/p>\n

113.<\/p>\n

Liability of abettor for an effect caused by the act abetted different
\nFROM that intended by the abettor.<\/p>\n

113. Liability of abettor for an effect caused by the act abetted
\ndifferent FROM that intended by the abettor.–When an act is abetted
\nwith the intention on the part of the abettor of causing a particular
\neffect, and an act for which the abettor is liable in consequence of
\nthe abetment, causes a different effect FROM that intended by the
\nabettor, the abettor is liable for the effect caused, in the same
\nmanner and to the same extent as if he had abetted the act with the
\nintention of causing that effect, provided he knew that the act
\nabetted was likely to cause that effect.<\/p>\n

Illustration<\/p>\n

A instigates B to cause grievous hurt to Z. B, in consequence of
\nthe instigation, causes grievous hurt to Z. Z dies in consequence.
\nHere, if A knew that the grievous hurt abetted was likely to cause
\ndeath, A is liable to be punished with the punishment provided for
\nmurder.<\/p>\n

114.<\/p>\n

Abettor present when offence is committed.<\/p>\n

114. Abettor present when offence is committed.–Whenever any
\nperson who if absent would be liable to be punished as an abettor, is
\npresent when the act or offence for which he would be punishable in
\nconsequence of the abetment is committed, he shall be deemed to have
\ncommitted such act or offence.<\/p>\n

124.<\/p>\n

115.<\/p>\n

Abetment of offence punishable with death or imprisonment for life-if
\noffence is not committed.<\/p>\n

115. Abetment of offence punishable with death or imprisonment
\nfor life–if offence not committed.-Whoever abets the commission of an
\noffence punishable with death or 1*[imprisonment for life], shall,
\nif that offence be not committed in consequence of the abetment, and
\nno express provision is made by this Code for the punishment of such
\nabetment, be punished with imprisonment of either description for a
\nterm which may extend to seven years, and shall also be liable to
\nfine:<\/p>\n

if act causing harm be done in consequence.<\/p>\n

if act causing harm be done in consequence.–and if any act for
\nwhich the abettor is liable in consequence of the abetment, and which
\ncauses hurt to any person, is done, the abettor shall be liable to
\nimprisonment of either description for a term which may extend to
\nfourteen years, and shall also be liable to fine.<\/p>\n

Illustration<\/p>\n

A instigates B to murder Z. The offence is not committed. If B
\nhad murdered Z, he would have been subject to the punishment of death
\nor 1*[imprisonment for life]. Therefore A is liable to imprisonment
\nfor a term which may extend to seven years and also to a fine; and, if
\nany hurt be done to Z in consequence of the abetment, he will be
\nliable to imprisonment for a term which may extend to fourteen years,
\nand to fine.<\/p>\n

116.<\/p>\n

Abetment of offence punishable with imprisonment–if offence be not
\ncommitted.<\/p>\n

116. Abetment of offence punishable with imprisonment–if
\noffence be not committed.–Whoever abets an offence punishable with
\nimprisonment shall, if that offence be not committed in consequence of
\nthe abetment, and no express provision is made by this Code for the
\npunishment of such abetment, be punished with imprisonment of any
\ndescription provided for that offence for a term which may extend to
\none-fourth part of the longest term provided for that offence; or with
\nsuch fine as is provided for that offence, or with both;<\/p>\n

if abettor or person abetted be a public servant whose duty it is to
\nprevent offence.<\/p>\n

if abettor or person abetted be a public servant whose duty it is
\nto prevent offence.–and if the abettor or the person abetted is a
\npublic servant, whose duty it is to prevent the commission of such
\noffence, the abettor shall be punished with imprisonment of any
\ndescription provided for that offence, for a term which may extend to
\none-half of the longest term provided for that offence, or with such
\nfine as is provided for the offence, or with both.<\/p>\n

Illustrations<\/p>\n

(a) A offers a bribe to B, a public servant, as a reward for
\nshowing. A some favour in the exercise of Bs official functions. B
\nrefuses to accept the bribe. A is punishable under this section.<\/p>\n

(b) A instigates B to give false evidence. Here, if B does not
\ngive false evidence, A has nevertheless committed the offence defined
\nin this section, and is punishable accordingly.<\/p>\n

(c) A, a police-officer, whose duty it is to prevent robbery,
\nabets the commission of robbery. Here, though the robbery be not
\ncommitted, A is liable to one-half of the longest term of imprisonment
\nprovided for that offence, and also to fine.<\/p>\n

(d) B abets the commission of a robbery by A, a police-officer,
\nwhose duty it is to prevent that offence. Here though the robbery be
\nnot committed, B is liable to one-half of the longest term of
\nimprisonment provided for the offence of robbery, and also to fine.<\/p>\n

117.<\/p>\n

Abetting commission of offence by the public or by more than ten
\npersons.<\/p>\n

117. Abetting commission of offence by the public or by more than
\nten persons.–Whoever abets the commission of an offence by the public
\ngenerally or by any number or class of persons exceeding ten, shall be
\npunished with imprisonment of either description for a term which may
\nextend to three 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

125.<\/p>\n

Illustration<\/p>\n

A affixes in a public place a placard instigating a sect
\nconsisting of more than ten members to meet at a certain time and
\nplace, for the purpose of attacking the members of an adverse sect,
\nwhile engaged in a procession. A has committed the offence defined in
\nthis section.<\/p>\n

118.<\/p>\n

Concealing design to commit offence punishable with death or
\nimprisonment for life.<\/p>\n

118. Concealing design to commit offence punishable with death or
\nimprisonment for life.–Whoever intending to facilitate or knowing it
\nto be likely that he will thereby facilitate the commission of an
\noffence punishable with death or 1*[imprisonment for life],<\/p>\n

voluntarily conceals, by any act or illegal omission, the
\nexistence of a design to commit such offence or makes any
\nrepresentation which he knows to be false respecting such design,<\/p>\n

if offence be committed-if offence be not committed.<\/p>\n

if offence be committed-if offence be not committed.–shall, if
\nthat offence be committed, be punished with imprisonment of either
\ndescription for a term which may extend to seven years, or, if the
\noffence of not committed, with imprisonment of either description, for
\na term which may extend to three years; and in either case shall also
\nbe liable to fine.<\/p>\n

Illustration<\/p>\n

A, knowing that dacoity is about to be committed at B, falsely
\ninforms the Magistrate that a dacoity is about to be committed at C, a
\nplace in an opposite direction, and thereby misleads the Magistrate
\nwith intent to facilitate the commission of the offence. The dacoity
\nis committed at B in pursuance of the design. A is punishable under
\nthis section.<\/p>\n

119.<\/p>\n

Public servant concealing design to commit offence which it is his
\nduty to prevent.<\/p>\n

119. Public servant concealing design to commit offence which it
\nis his duty to prevent.–Whoever, being a public servant intending to
\nfacilitate or knowing it to be likely that he will thereby facilitate
\nthe commission of an offence which it is his duty as such public
\nservant to prevent,<\/p>\n

voluntarily conceals, by any act or illegal omission, the
\nexistence of a design to commit such offence, or makes any
\nrepresentation which he knows to be false respecting such design.<\/p>\n

if offence be committed.<\/p>\n

if offence be committed.–shall, if the offence be committed, be
\npunished with imprisonment of any description provided for the
\noffence, for a term which may extend to one-half of the longest term
\nof such imprisonment, or with such fine as is provided for that
\noffence, or with both;<\/p>\n

if offence be punishable with death, etc.<\/p>\n

if offence be punishable with death, etc.–or, if the offence be
\npunishable with death or 1*[imprisonment for life], with
\nimprisonment of either description for a term which may extend to ten
\nyears;<\/p>\n

if offence be not committed.<\/p>\n

if offence be not committed.–or, if the offence be not
\ncommitted, shall be punished with imprisonment of any description
\nprovided for the offence for a term which may extend to one-fourth
\npart of the longest term of such imprisonment or with such fine as is
\nprovided for the offence, or with both.<\/p>\n

Illustration<\/p>\n

A, an officer of police, being legally bound to give information
\nof all designs to commit robbery which may come to his knowledge, and
\nknowing that B designs to commit robbery, omits to give such
\ninformation, with intent to facilitate the commission of that offence.
\nhere A has by an illegal omission concealed the existence of Bs
\ndesign and is liable to punishment according to the provision of this
\nsection.<\/p>\n

120.<\/p>\n

Concealing design to commit offence punishable with imprisonment.<\/p>\n

120. Concealing design to commit offence punishable with
\nimprisonment.–Whoever, intending to facilitate or knowing it to be
\nlikely that he will thereby facilitate the commission of an offence
\npunishable with imprisonment,<\/p>\n

voluntarily conceals, by any act or illegal omission, the
\nexistence of a design to commit such offence, or makes any
\nrepresentation which he knows to be false respecting such design,
\n———————————————————————-
\n1. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife”.
\n———————————————————————-<\/p>\n

126.<\/p>\n

if offence be committed-if offence be not committed.<\/p>\n

if offence be committed-if offence be not committed–shall, if
\nthe offence be committed, be punished with imprisonment of the
\ndescription provided for the offence, for a term which may extend to
\none-fourth, and, if the offence be not committed, to one-eight, of the
\nlongest term of such imprisonment, or with such fine as is provided
\nfor the offence, or with both.<\/p>\n

CHAPTER VA<\/p>\n

CRIMINAL CONSPIRACY<\/p>\n

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

CRIMINAL CONSPIRACY<\/p>\n

120A.<\/p>\n

Definition of criminal conspiracy.<\/p>\n

120A. Definition of criminal conspiracy.–When two or more
\npersons agree to do, or cause to be done,-<\/p>\n

(1) an illegal act, or<\/p>\n

(2) an act which is not illegal by illegal means, such an
\nagreement is designated a criminal conspiracy:<\/p>\n

Provided that no agreement except an agreement to commit an
\noffence shall amount to a criminal conspiracy unless some act besides
\nthe agreement is done by one or more parties to such agreement in
\npursuance thereof.<\/p>\n

Explanation.-It is immaterial whether the illegal act is the
\nultimate object of such agreement, or is merely incidental to that
\nobject.<\/p>\n

120B.<\/p>\n

Punishment of criminal conspiracy.<\/p>\n

120B. Punishment of criminal conspiracy.–(1) Whoever is a party
\nto a criminal conspiracy to commit an offence punishable with death,
\n2*[imprisonment for life] or rigorous imprisonment for a term of two
\nyears or upwards, shall, where no express provision is made in this
\nCode for the punishment of such a conspiracy, be punished in the same
\nmanner as if he had abetted such offence.<\/p>\n

(2) Whoever is a party to a criminal conspiracy other than a
\ncriminal conspiracy to commit an offence punishable as aforesaid shall
\nbe punished with imprisonment of either description for a term not
\nexceeding six months, or with fine or with both.]<\/p>\n

CHAPTER VIOF OFFENCES AGAINST THE STATE<\/p>\n

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

\u00a0<\/p>\n

121. Waging, or attempting to wage war, or abetting waging of
\nwar, against the Government of India.–Whoever wages war against the
\n3*[Government of India], or attempts to wage such war, or abets the
\nwaging of such war, shall be punished with death, or
\n4*[imprisonment for life] 5*[and shall also be liable to fine].<\/p>\n

6*[Illustration.]<\/p>\n

7***A joins an insurrection against the 3*[Government of India].
\nA has committed the offence defined in this section.<\/p>\n

8* * * * *
\n———————————————————————-
\n1. Ins. by Act 8 of 1913, s. 3.
\n2. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation”.<\/p>\n

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

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

5. Subs. by Act 16 of 1921, s. 2, for “and shall forfeit all his
\nproperty”.<\/p>\n

6. Subs. by Act 36 of 1957, s. 3 and Sch. II, for “Illustrations”.<\/p>\n

7. The brackets and letter “(a)” omitted by s. 3 and Sch. II, ibid.<\/p>\n

8. Illus tration (b) rep. by the A. O. 1950.<\/p>\n

127.<\/p>\n

121A.<\/p>\n

Conspiracy to commit offences punishable by section 121.
\n1*[121A. Conspiracy to commit offences punishable by section
\n121.–Whoever within or without 2*[India] conspires to commit any
\nof the offences punishable by section 121, 3*** or conspires to
\noverawe, by means of criminal force or the SHOW of criminal force,
\n4*[the Central Government or any State Government 5***], shall be
\npunished with 6*[imprisonment for life], or with imprisonment of
\neither description which may extend to ten years, 7*[and shall also
\nbe liable to fine].<\/p>\n

Explanation.-To constitute a conspiracy under this section, it is
\nnot necessary that any act or illegal omission shall take place in
\npursuance thereof.]<\/p>\n

122.<\/p>\n

Collecting arms, etc., with intention of waging war against the
\nGovernment of India.<\/p>\n

122. Collecting arms, etc., with intention of waging war against
\nthe Government of India.–Whoever collects men, arms or ammunition or
\notherwise prepares to wage war with the intention of either waging or
\nbeing prepared to wage war against the 8*[Government of India],
\nshall be punished with 9*[imprisonment for life] or imprisonment of
\neither description for a term not exceeding ten years, 10*[and shall
\nalso be liable to fine].<\/p>\n

123.<\/p>\n

Concealing with intent to facilitate design to wage war.<\/p>\n

123. Concealing with intent to facilitate design to wage war.–
\nWhoever, by any act, or by any illegal omission, conceals the
\nexistence of a design to wage war against the 8*[Government of
\nIndia], intending by such concealment to facilitate, or knowing it to
\nbe likely that such concealment will facilitate, the waging of such
\nwar, 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

124.<\/p>\n

Assaulting President, Governor, etc., with intent to compel or
\nrestrain the exercise of any lawful power.<\/p>\n

124. Assaulting President, Governor, etc., with intent to compel
\nor restrain the exercise of any lawful power.–Whoever, with the
\nintention of inducing or compelling the 11*[President] of India, or
\n12*[Governor 13***] of any State, 14*** 15*** 16*** to exercise or
\nrefrain FROM exercising in any manner any of the lawful powers of such
\n17*[President or 12*[Governor 13*],<\/p>\n

assaults or wrongfully restrains, or attempts wrongfully to
\nrestrain, or overawes, by means of criminal force or the SHOW of
\ncriminal force, or attempts so to overawe, such 17*[President or 12***
\n[Governor 13***],
\n———————————————————————-
\n1. S. 121A ins. by Act 27 of 1870, s. 4.
\n2. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.<\/p>\n

3. The words “or to deprive the Queen of the sovereignty of the
\nProvinces or of any part thereof” omitted by the A. O. 1950.<\/p>\n

4. Subs. by the A. O. 1937, for “the G. of I. or any L. G.”.<\/p>\n

5. The words “or the Govt. of Burma” rep. by the A. O. 1948.
\n6. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation
\nfor life or any shorter term”.<\/p>\n

7. Ins. by Act 16 of 1921, s. 3.
\n8. Subs. by the A. O. 1950, for “Queen”.<\/p>\n

9. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation
\nfor life”.<\/p>\n

10. Subs. by Act 16 of 1921, s. 2, for “and shall forfeit all his
\nproperty”.<\/p>\n

11. Subs. by the A. O. 1950, for “Governor General”.<\/p>\n

12. Subs. by Act 3 of 1951, s. 3 and Sch., for “Governor”.<\/p>\n

13. The words “or Rajpramukh” omitted by the Adaptation of Laws (No.
\n2) Order, 1956.
\n14. The words “or a Leutenant-Governor” rep. by the A. O. 1937.
\n15. The words “or a Member of the Council of the Governor General of
\nIndia” rep. by the A. O. 1948.
\n16. The words “or of the Council of any Presidency” rep. by the A. O.
\n1937.
\n17. The original words “Governor General, Governor, Lieutenant-
\nGovernor or Member of Council” have successively been amended by
\nthe A.O. 1937, A. O. 1948 and A. O. 1950 to read as above.
\n———————————————————————-<\/p>\n

128.
\nshall be punished with imprisonment of either description for a
\nterm which may extend to seven years, and shall also be liable to
\nfine.<\/p>\n

124A.<\/p>\n

Sedition.<\/p>\n

1*[124A. Sedition.–Whoever by words, either spoken or written,
\nor by signs, or by visible representation, or otherwise, brings or
\nattempts to bring INTO hatred or contempt, or excites or attempts to
\nexcite disaffection towards, 2***the Government established by law in
\n3*[India], a 4***shall be punished with 5*[imprisonment for life], to
\nwhich fine may be added, or with imprisonment which may extend to
\nthree years, to which fine may be added, or with fine.<\/p>\n

Explanation 1.-The expression “disaffection” includes disloyalty
\nand all feelings of enmity.<\/p>\n

Explanation 2.-Comments expressing disapprobation of the measures
\nof the Government with a view to obtain their alteration by lawful
\nmeans, without exciting or attempting to excite hatred, contempt or
\ndisaffection, do not constitute an offence under this section.<\/p>\n

Explanation 3.-Comments expressing disapprobation of the
\nadministrative or other action of the Government without exciting or
\nattempting to excite hatred, contempt or disaffection, do not
\nconstitute an offence under this section.]<\/p>\n

125.<\/p>\n

Waging war against any Asiatic Power in alliance with the Government
\nof India.<\/p>\n

125. Waging war against any Asiatic Power in alliance with the
\nGovernment of India.–Whoever wages war against the Government of any
\nAsiatic Power in alliance or at peace with the 6*[Government of
\nIndia] or attempts to wage such war, or abets the waging of such war,
\nshall be punished with 7*[imprisonment for life], to which fine may
\nbe added, or with imprisonment of either description for a term which
\nmay extend to seven years, to which fine may be added, or with fine.<\/p>\n

126.<\/p>\n

Committing depredation on territories of Power at peace with the
\nGovernment of India.<\/p>\n

126. Committing depredation on territories of Power at peace with
\nthe Government of India.–Whoever commits depredation, or makes
\npreparations to commit depredation, on the territories of any Power in
\nalliance or at peace with the 6*[Government of India], shall be
\npunished with imprisonment of either description for a term which may
\nextend to seven years, and shall also be liable to fine and to
\nforfeiture of any property used or intended to be used in committing
\nsuch depredation, or acquired by such depredation.<\/p>\n

127.<\/p>\n

Receiving property taken by war or depredation mentioned in sections
\n125 and 126.<\/p>\n

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

128.<\/p>\n

Public servant voluntarily allowing prisoner of state or war to
\nescape.<\/p>\n

128. Public servant voluntarily allowing prisoner of state or war
\nto escape.–Whoever, being a public servant and HAVING the custody of
\nany State prisoner or prisoner of war, voluntarily allows such
\nprisoner to escape FROM any place in which such prisoner is confined,
\nshall be punished with 7*[imprisonment for life], or imprisonment of
\neither description for a term which may extend to ten years, and shall
\nalso be liable to fine.
\n———————————————————————-
\n1. Subs. by Act 4 of 1898, s. 4, for the original s. 124A which had
\nbeen ins. by Act 27 of 1870, s. 5. 2. The words “Her Majesty or” rep. by the A.O. 1950. The words “or
\nthe Crown Representative” ins. after the word “Majesty” by the
\nA.O. 1937 were rep. by the A.O. 1948. 3. Subs. by Act 3 of 1951, s. 3 and Sch., for “the States”.
\n4. The words “or British Burma” ins. by the A.O. 1937 rep. by the
\nA.O. 1948. 5. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation for
\nlife or any shorter term”.
\n6. Subs. by the A.O. 1950, for “Queen”.
\n7. Subs. by Act 26 of 1955, s. 117 and Sch., for “transportation
\nfor life”.<\/p>\n

129.<\/p>\n

129.<\/p>\n

Public servant negligently suffering such prisoner to escape.<\/p>\n

129. Public servant negligently suffering such prisoner to
\nescape.–Whoever, being a public servant and HAVING the custody of any
\nState prisoner or prisoner of war, negligently suffers such prisoner
\nto escape FROM any place of confinement in which such prisoner is
\nconfined, shall be punished with simple imprisonment for a term which
\nmay extend to three years, and shall also be liable to fine.<\/p>\n

130.<\/p>\n

Aiding escape of, rescuing or harbouring such prisoner.<\/p>\n

130. Aiding escape of, rescuing or harbouring such prisoner.–
\nWhoever knowingly aids or assists any State prisoner or prisoner of
\nwar in escaping FROM lawful custody, or rescues or attempts to rescue
\nany such prisoner, or harbours or conceals any such prisoner who has
\nescaped FROM lawful custody, or offers or attempts to offer any
\nresistance to the recapture of such prisoner shall be punished with
\n1*[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

Explanation.-A State prisoner or prisoner of war, who is
\npermitted to be at large on his parole within certain limits in
\n2*[India], is said to escape FROM lawful custody if he goes beyond the
\nlimits within which he is allowed to be at large.<\/p>\n

CHAPTER VIIOF OFFENCES RELATING TO THE ARMY, [NAVY AND AIR FORCE]<\/p>\n

\u00a0<\/p>\n

<\/span><\/strong><\/span><\/strong>131. Abetting mutiny, or attempting to seduce a soldier, sailor
\nor airman FROM his duty.–Whoever abets the committing of mutiny by an
\nofficer, soldier, 4*[sailor or airman], in the Army, 5*[Navy or Air
\nForce] of the 6*[Government of India] or attempts to seduce any such
\nofficer, soldier, 4*[sailor or airman] FROM his allegiance or his
\nduty, 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

\u00a0<\/p>\n

7*[Explanation.-In this section the words “officer”, 8*
\n[“soldier”, 9*[“sailor”] and “airman”] include any person subject to
\nthe 10*[Army Act, 11*[the Army Act, 1950 (46 of 1950)], 9*[the Naval
\nDiscipline Act, 12***the Indian Navy (Discipline) Act,1934 (34 of
\n1934)] 13*[the Air Force Act or 14*[the Air Force Act, 1950 (45 of
\n1950)]], as the case may be].]<\/p>\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. Subs. by Act 10 of 1927, s. 2 and Sch. I, for “and Navy”.
\n4. Subs. by s. 2 and Sch. I, ibid., for “or sailor”.
\n5. Subs. by s. 2 and sch. I, ibid., for “or Navy”.
\n6. Subs. by the A.O. 1950 for “Queen”.
\n7. Ins. by Act 27 of 1870, s. 6. 8. Subs. by Act 10 of 1927, s. 2 and Sch. I, for “and soldier”.
\n9. Ins. by Act 25 of 1934, s. 2 and Sch.
\n10. Subs. by Act 10 of 1927, s. 2 and Sch. I, for “Articles of War
\nfor the better government of Her Majestys Army, or to the
\nArticles of War contained in Act No. 5 of 1869”.
\n11. Subs. by Act 3 of 1951, s. 3 and Sch., for “the Indian Army Act,
\n1911”.
\n12. The words “or that Act as modified by” were rep. by the A.O.
\n1950.
\n13. Subs. by Act 14 of 1932, s. 130 and Sch., for “or the Air Force
\nAct”.
\n14. Subs. by Act 3 of 1951, s.3 and Sch., for “the Indian Air Force
\nAct, 1932”.
\n———————————————————————-<\/p>\n

130<\/p>\n

132.<\/p>\n

Abetment of mutiny, if mutiny is committed in consequence thereof.<\/p>\n

132. Abetment of mutiny, if mutiny is committed in consequence
\nthereof.–Whoever abets the committing of mutiny by an officer,
\nsoldier, 1*[sailor or airman], in the Army, 2*[Navy or Air Force] of
\nthe 3*[Government of India], shall, if mutiny be committed in
\nconsequence of that abetment, be punished with death or with
\n4*[imprisonment for life], or imprisonment of either description for a
\nterm which may extend to ten years, and shall also be liable to fine.<\/p>\n

133.<\/p>\n

Abetment of assault by soldier, sailor or airman on his superior
\nofficer, when in execution of his office.<\/p>\n

133. Abetment of assault by soldier, sailor or airman on his
\nsuperior officer, when in execution of his office.–Whoever abets an
\nassault by an officer, soldier, 1*[sailor or airman], in the Army,
\n2*[Navy or Air Force] of the 3*[Government of India], on any superior
\nofficer being in the execution of his office, 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

134.<\/p>\n

Abetment of such assault, if the assault committed.<\/p>\n

134. Abetment of such assault, if the assault committed.–Whoever
\nabets an assault by an officer, soldier, 1*[sailor or airman], in the
\nArmy, 2*[Navy or Air Force] of the 3*[Government of India], on any
\nsuperior officer being in the execution of his office, shall, if such
\nassault be committed in consequence of that abetment 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

135.<\/p>\n

Abetment of desertion of soldier, sailor or airman.<\/p>\n

135. Abetment of desertion of soldier, sailor or airman.–
\nWhoever, abets the desertion of any officer, soldier, 1*[sailor or
\nairman], in the Army, 2*[Navy or Air Force] of the 3*[Government
\nof India], 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

136.<\/p>\n

Harbouring deserter.<\/p>\n

136. Harbouring deserter.–Whoever, except as hereinafter
\nexcepted, knowing or HAVING reason to believe that an officer,
\nsoldier, 1*[sailor or airman], in the Army, 2*[Navy or Air Force] of
\nthe 3*[Government of India], has deserted, harbours such officer,
\nsoldier, 1*[sailor or airman], 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

Exception.-This provision does not extend to the case in which
\nthe harbour is given by a wife to her husband.<\/p>\n

137.<\/p>\n

Deserter concealed on board merchant vessel through negligence of
\nmaster.<\/p>\n

137. Deserter concealed on board merchant vessel through
\nnegligence of master.–The master or person in charge of a merchant
\nvessel, on board of which any deserter FROM the Army, 2*[Navy or Air
\nForce] of the 3*[Government of India] is concealed, shall, though
\nignorant of such concealment, be liable to a penalty not exceeding
\nfive hundred rupees, if he might have known of such concealment but
\nfor some neglect of his duty as such master or person in charge, or
\nbut for some want of discipline on board of the vessel.<\/p>\n

138.<\/p>\n

Abetment of act of insubordination by soldier, sailor or airman.<\/p>\n

138. Abetment of act of insubordination by soldier, sailor or
\nairman.-Whoever abets what he knows to be an act of insubordination by
\nan officer, soldier, 1*[sailor or airman], in the Army, 2*[Navy or air
\nForce], of the 3*[Government of India], shall, if such act of
\ninsubordination be committed in consequence of that abetment, be
\npunished with imprisonment of either description for a term which may
\nextend to six months, or with fine, or with both.<\/p>\n

138A.<\/p>\n

[Repealed.]<\/p>\n

138A. [Application of foregoing sections to the Indian Marine
\nService.] Rep. by the Amending Act, 1934 (35 of 1934), s. 2 and Sch.
\n———————————————————————-
\n1. Subs. by Act 10 of 1927, s. 2 and Sch. I, for “or sailor”.<\/p>\n

2. Subs. by s. 2 and Sch. I, ibid., for “or Navy”.<\/p>\n

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

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

131.<\/p>\n

139.<\/p>\n

Persons subject to certain Acts.<\/p>\n

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

140.<\/p>\n

Wearing garb or carrying token used by soldier, sailor or airman.<\/p>\n

140. Wearing garb or carrying token used by soldier, sailor or
\nairman.–Whoever, not being a soldier, 7*[sailor or airman] in the
\nMilitary, 8*[Naval or Air] service of the 9*[Government of India],
\nwears any garb or carries any token resembling any garb or token used
\nby such a soldier, 7*[sailor or airman] with the intention that it may
\nbe believed that he is such a soldier, 7*[sailor or airman], shall be
\npunished with imprisonment of either description for a term which may
\nextend to three months, or with fine which may extend to five hundred
\nrupees, or with both.<\/p>\n

CHAPTER IXOF OFFENCES BY OR RELATING TO PUBLIC SERVANTS<\/p>\n

<\/span><\/strong><\/span><\/strong>161 to 165A.Rep. by the Prevention of Corruption Act, 1988 (49 of
\n1988), s. 31.
\n166.<\/p>\n

\u00a0<\/p>\n

Public servant disobeying law, with intent to cause injury to any
\nperson.<\/p>\n

166. Public servant disobeying law, with intent to cause injury
\nto any person.–Whoever, being a public servant, knowingly disobeys
\nany direction of the law as to the way in which he is to conduct
\nhimself as such public servant, intending to cause, or knowing it to
\nbe likely that he will, by such disobedience, cause injury to any
\nperson, shall be punished with simple imprisonment for a term which
\nmay extend to one year, or with fine, or with both.<\/p>\n

IIIustration<\/p>\n

A, being an officer directed by law to take property in execution,
\nin ORDER to satisfy a decree pronounced in Zs favour by a Court of
\nJustice, knowingly disobeys that direction of law, with the knowledge
\nthat he is likely thereby to cause injury to Z. A has committed the
\noffence defined in this section.<\/p>\n

167.<\/p>\n

Public servant framing an incorrect document with intent to cause
\ninjury.<\/p>\n

167. Public servant framing an incorrect document with intent to
\ncause injury.–Whoever, being a public servant, and being, as such
\npublic servant, charged with the preparation or translation of any
\ndocument, frames or translates that document in a manner which he
\nknows or believes to be incorrect, intending thereby to cause or
\nknowing it to be likely that he may thereby cause injury to any
\nperson, 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

168.<\/p>\n

Public servant unlawfully engaging in trade.<\/p>\n

168. Public servant unlawfully engaging in trade.–Whoever, being
\na public servant, and being legally bound as such public servant not
\nto engages in trade, engages in trade, shall be punished with simple
\nimprisonment for a term which may extend to one year, or with fine, or
\nwith both.<\/p>\n

169.<\/p>\n

Public servant unlawfully buying or bidding for property.<\/p>\n

169. Public servant unlawfully buying or bidding for property.–
\nWhoever, being a public servant, and being legally bound as such
\npublic servant, not to purchase or bid for certain property, purchases
\nor bids for that property, either in his own name or in the name of
\nanother, or jointly, or in shares with others, shall be punished with
\nsimple imprisonment for a term which may extend to two years, or with
\nfine, or with both; and the property, if purchased, shall be
\nconfiscated.<\/p>\n

170.<\/p>\n

Personating a public servant.<\/p>\n

170. Personating a public servant.–Whoever pretends to hold any
\nparticular office as public servant, knowing that he does not hold
\nsuch office or falsely personates any other person holding such
\noffice, and in such assumed character does or attempts to do any act
\nunder colour of such office, 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

136.<\/p>\n

171.
\nWearing garb or carrying token used by public servant with fraudulent
\nintent.<\/p>\n

171. Wearing garb or carrying token used by public servant with
\nfraudulent intent.–Whoever, not belonging to a certain class of
\npublic servants, wears any garb or carries any token resembling any
\ngarb or token used by that class of public servants, with the
\nintention that it may be believed, or with the knowledge that it is
\nlikely to be believed, that he belongs to that class of public
\nservants, shall be punished with imprisonment of either description,
\nfor a term which may extend to three months, or with fine which may
\nextend to two hundred rupees, or with both.<\/p>\n

CHAPTER IXA<\/p>\n

OF OFFENCES RELATING TO ELECTIONS<\/p>\n

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

OF OFFENCES RELATING TO ELECTIONS<\/p>\n

171A.<\/p>\n

“Candidate”, “Electoral right” defined.<\/p>\n

171A. “Candidate”, “Electoral right” defined.–For the purposes
\nof this Chapter-<\/p>\n

2*[(a) “candidate” means a person who has been nominated as
\na candidate at any election;]<\/p>\n

(b) “electoral right” means the right of a person to stand,
\nor not to stand as, or to withdraw FROM being, a candidate or to
\nvote or refrain FROM voting at an election.<\/p>\n

171B.<\/p>\n

Bribery.<\/p>\n

171B. Bribery.–(1) Whoever-<\/p>\n

(i) gives a gratification to any person with the object of
\ninducing him or any other person to exercise any electoral right
\nor of rewarding any person for HAVING exercised any such right;
\nor<\/p>\n

(ii) accepts either for himself or for any other person any
\ngratification as a reward for exercising any such right or for
\ninducing or attempting to induce any other person to exercise any
\nsuch right,<\/p>\n

commits the offence of bribery:<\/p>\n

Provided that a declaration of public policy or a promise of
\npublic action shall not be an offence under this section.<\/p>\n

(2) A person who offers, or agrees to give, or offers or attempts
\nto procure, a gratification shall be deemed to give a gratification.<\/p>\n

(3) A person who obtains or agrees to accept or attempts to
\nobtain a gratification shall be deemed to accept a gratification, and
\na person who accepts a gratification as a motive for doing what he
\ndoes not intend to do, or as a reward for doing what he has not done,
\nshall be deemed to have accepted the gratification as a reward.<\/p>\n

171C.<\/p>\n

Undue influence at elections.<\/p>\n

171C. Undue influence at elections.–(1) Whoever voluntarily
\ninterferes or attempts to interfere with the free exercise of any
\nelectoral right commits the offence of undue influence at an election.<\/p>\n

(2) Without prejudice to the generality of the provisions of sub-
\nsection (1), whoever-<\/p>\n

(a) threatens any candidate or voter, or any person in whom
\na candidate or voter is interested, with injury of any kind, or<\/p>\n

(b) induces or attempts to induce a candidate or voter to
\nbelieve that he or any person in whom he is interested will
\nbecome or will be rendered an object of Divine displeasure or of
\nspiritual censure,<\/p>\n

shall be deemed to interfere with the free exercise of the electoral
\nright of such candidate or voter, within the meaning of sub-section
\n(1).
\n———————————————————————-
\n1. Chapter IXA was ins. by Act 39 of 1920, s. 2. 2. Subs. by Act 40 of 1975, s. 9. for cl. (a), (w.e.f. 6-8-1975).
\n———————————————————————-<\/p>\n

137.<\/p>\n

(3) A declaration of public policy or a promise of public action,
\nor the mere exercise or a legal right without intent to interfere with
\nan electoral right, shall not be deemed to be interference within the
\nmeaning of this section.<\/p>\n

171D.<\/p>\n

Personation at elections.<\/p>\n

171D. Personation at elections.–Whoever at an election applies
\nfor a voting paper on votes in the name of any other person, whether
\nliving or dead, or in a fictitious name, or who HAVING voted once at
\nsuch election applies at the same election for a voting paper in his
\nown name, and whoever abets, procures or attempts to procure the
\nvoting by any person in any such way, commits the offence of
\npersonation at an election.<\/p>\n

171E.<\/p>\n

Punishment for bribery.<\/p>\n

171E. Punishment for bribery.–Whoever commits the offence of
\nbribery 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

Provided that bribery by treating shall be punished with fine
\nonly.<\/p>\n

Explanation.-“Treating” means that form of bribery where the
\ngratification consists in food, drink, entertainment, or provision.<\/p>\n

171F.<\/p>\n

Punishment for undue influence or personation at an election.<\/p>\n

171F. Punishment for undue influence or personation at an
\nelection.–Whoever commits the offence of undue influence or
\npersonation at an election shall be punished with imprisonment of
\neither description for a term which may extend to one year or with
\nfine, or with both.<\/p>\n

171G.<\/p>\n

False statement in connection with an election.<\/p>\n

171G. False statement in connection with an election.–Whoever
\nwith intent to affect the result of an election makes or publishes any
\nstatement purporting to be a statement of fact which is false and
\nwhich he either knows or believes to be false or does not believe to
\nbe true, in relation to the personal character or conduct of any
\ncandidate shall be punished with fine.<\/p>\n

171H.<\/p>\n

Illegal payments in connection with an election.<\/p>\n

171H. Illegal payments in connection with an election.–Whoever
\nwithout the general or special authority in writing of a candidate
\nincurs or authorizes expenses on account of the holding of any public
\nmeeting, or upon any advertisement, circular or publication, or in any
\nother way whatsoever for the purpose of promoting or procuring the
\nelection of such candidate, shall be punished with fine which may
\nextend to five hundred rupees :<\/p>\n

Provided that if any person HAVING incurred any such expenses not
\nexceeding the amount of ten rupees without authority obtains within
\nten days FROM the date on which such expenses were incurred the
\napproval in writing of the candidate, he shall be deemed to have
\nincurred such expenses with the authority of the candidate.<\/p>\n

171-I.<\/p>\n

Failure to keep election accounts.<\/p>\n

171-I. Failure to keep election accounts.–Whoever being required
\nby any law for the time being in force or any rule HAVING the force of
\nlaw to keep accounts of expenses incurred at or in connection with an
\nelection fails to keep such accounts shall be punished with fine which
\nmay extend to five hundred rupees.]<\/p>\n","protected":false},"excerpt":{"rendered":"

CHAPTER IINTRODUCTION \u00a0 Preamble.-WHEREAS it is expedient to provide a general Penal Code for 2*[India]; It is enacted as follows:– 1. Title and extent of operation of the Code. 1. 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