Part One
Further definitions — firearms
2.1 In this Act, ammunition, antique firearm, automatic firearm, cartridge magazine, cross-bow, handgun, imitation firearm, prohibited ammunition, prohibited device, prohibited firearm, prohibited weapon, replica firearm, restricted firearm and restricted weapon, as well as authorization, licence and registration certificate when used in relation to those words and expressions, have the same meaning as in subsection 84(1).
- 2009, c. 22, s. 1
Marginal note:Acting on victim’s behalf
2.2 (1) For the purposes of sections 606, 672.5, 715.37, 722, 737.1 and 745.63, any of the following individuals may act on the victim’s behalf if the victim is dead or incapable of acting on their own behalf:
(a) the victim’s spouse, or if the victim is dead, their spouse at the time of death;
(b) the victim’s common-law partner, or if the victim is dead, their common-law partner at the time of death;
(c) a relative or dependant of the victim;
(d) an individual who has in law or fact custody, or is responsible for the care or support, of the victim; and
(e) an individual who has in law or fact custody, or is responsible for the care or support, of a dependant of the victim.
Application to territories
8 (1) The provisions of this Act apply throughout Canada except
(a) in Yukon, in so far as they are inconsistent with the Yukon Act;
(b) in the Northwest Territories, in so far as they are inconsistent with the Northwest Territories Act; and
(c) in Nunavut, in so far as they are inconsistent with the Nunavut Act.
Marginal note:Application of criminal law of England
(2) The criminal law of England that was in force in a province immediately before April 1, 1955 continues in force in the province except as altered, varied, modified or affected by this Act or any other Act of the Parliament of Canada.
OFOFFENCES BY OR RELATING TO PUBLIC SERVANTS
161. [Public servant taking a gratification other than legal remuneration, in respect of an official
act.] Rep. by the Prevention of Corruption Act, 1988 (49 of 1988), s. 31.
162. [Taking a gratification, in order, by corrupt or illegal means, to influence a public servant.] Rep.
by s. 31, ibid.
163. [Taking a gratification for the exercise of personal influence with a public servant.] Rep. by
s. 31, ibid.
164. [Punishment for abetment by public servant of the offences above defined.] Rep. by s. 31, ibid.
165. [Public servant obtaining any valuable thing, without consideration, from person concerned in
any proceeding or business transacted by such public servant.] Rep. by s. 31, ibid.
165A. [Punishment for abetment of offences defined in section 161 or section 165.] Rep. by the
Prevention of Corruption Act, 1988 (49 of 1988), s. 31.
166. Public servant disobeying law, with intent to cause injury to any person.—Whoever, being a
public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct
himself as such public servant, intending to cause, or knowing it to be likely that he will by such
disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which
may extend to one year, or with fine, or with both.
IIIustration
A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favour by a
Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A
has committed the offence defined in this section.
1
[166A. Public servant disobeying direction under law.—Whoever, being a public servant,—
(a) knowingly disobeys any direction of the law which prohibits him from requiring the
attendance at any place of any person for the purpose of investigation into an offence or any other
matter, or
(b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating
the manner in which he shall conduct such investigation, or
(c) fails to record any information given to him under sub-section (1) of section 154 of the Code
of Criminal Procedure, 1973 (2 of 1974), in relation to cognizable offence punishable under section
326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A,
2
[section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section
376E or section 509,
shall be punished with rigorous imprisonment for a term which shall not be less than six months but
which may extend to two years, and shall also be liable to fine.
166B. Punishment for non-treatment of victim.—Whoever, being in charge of a hospital, public or
private, whether run by the Central Government, the State Government, local bodies or any other person,
contravenes the provisions of section 357C of the Code of Criminal Procedure, 1973 (2 of 1974), shall be
punished with imprisonment for a term which may extend to one year or with fine or with both.]
167. Public servant framing an incorrect document with intent to cause injury.—Whoever, being
a public servant, and being, as 3
[such public servant, charged with the preparation or translation of any
document or electronic record, frames, prepares or translates that document or electronic record] in a
manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely
that he may thereby cause injury to any person, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both.
168. Public servant unlawfully engaging in trade.—Whoever, being a public servant, and being
legally bound as such public servant not to engage in trade, engages in trade, shall be punished with
simple imprisonment for a term which may extend to one year, or with fine, or with both.
169. Public servant unlawfully buying or bidding for property.—Whoever, being a public servant,
and being legally bound as such public servant, not to purchase or bid for certain property, purchases or
bids for that property, either in his own name or in the name of another, or jointly, or in shares with
others, shall be punished with simple imprisonment for a term which may extend to two years, or with
fine, or with both; and the property, if purchased, shall be confiscated.
170. Personating a public servant.—Whoever pretends to hold any particular office as a public
servant, knowing that he does not hold such office or falsely personates any other person holding such
office, and in such assumed character does or attempts to do any act under colour of such office, shall be
punished with imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
1. Ins. by Act 13 of 2013, s. 3 (w.e.f. 03-02-2013). 2. Subs. by Act 22 of 2018, s. 2, for “section 376B, section 376C, section 376D” (w.e.f. 21-4-2018). 3. Subs. by Act 21 of 2000, s. 91 and the First Sch., for certain words (w.e.f. 17-10-2000).
171. Wearing garb or carrying token used by public servant with fraudulent intent.—Whoever,
not belonging to a certain class of public servants, wears any garb or carries any token resembling any
garb or token used by that class of public servants, with the intention that it may be believed, or with the
knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be
punished with imprisonment of either description for a term which may extend to three months, or with
fine which may extend to two hundred rupees, or with both.
OF OFFENCESRELATING TO ELECTIONS
171A. “Candidate”, “Electoral right” defined.—For the purposes of this Chapter—
2
[(a) “candidate” means a person who has been nominated as a candidate at any election;]
(b) “electoral right” means the right of a person to stand, or not to stand as, or to withdraw from
being, a candidate or to vote or refrain from voting at an election.
171B. Bribery.—(1) Whoever—
(i) gives a gratification to any person with the object of inducing him or any other person to
exercise any electoral right or of rewarding any person for having exercised any such right; or
(ii) accepts either for himself or for any other person any gratification as a reward for exercising
any such right or for inducing or attempting to induce any other person to exercise any such right,
commits the offence of bribery:
Provided that a declaration of public policy or a promise of public action shall not be an offence
under this section.
(2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be
deemed to give a gratification.
(3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to
accept a gratification, and a person who accepts a gratification as a motive for doing what he does not
intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the
gratification as a reward.
171C. Undue influence at elections.—(1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election.
(2) Without prejudice to the generality of the provisions of sub-section (1), whoever—
(a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or
(b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1).
(3) A declaration of public policy or a promise of public action or the mere exercise or a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section. 171D. Personation at elections.—Whoever at an election applies for a voting paper on votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election.
1. Ins. by Act 39 of 1920, s. 2.
2. Subs. by Act 40 of 1975, s. 9, for cl. (a).
1
[Provided that nothing in this section shall apply to a person who has been authorised to vote as
proxy for an elector under any law for the time being in force in so far as he votes as a proxy for such
elector.]
171E. Punishment for bribery.—Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both: Provided that bribery by treating shall be punished with fine only. Explanation.—“Treating” means that form of bribery where the gratification consists in food, drink, entertainment, or provision. 171F. Punishment for undue influence or personation at an election.—Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both. 171G. False statement in connection with an election.—Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine. 171H. Illegal payments in connection with an election.—Whoever without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hundred rupees: Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate. 171-I. Failure to keep election accounts.—Whoever being required by any law for the time being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with fine which may extend to five hundred rupees.]
OF CONTEMPTSOF THE LAWFUL AUTHORITYOF PUBLIC SERVANTS
172. Absconding to avoid service of summons or other proceeding.—Whoever absconds in order
to avoid being served with a summons, notice or order proceeding from any public servant legally
competent, as such public servant, to issue such summons, notice or order, shall be punished with simple
imprisonment for a term which may extend to one month, or with fine which may extend to five hundred
rupees, or with both;
or, if the summons or notice or order is to attend in person or by agent, or to 2
[produce a document or
an electronic record in a Court of Justice], with simple imprisonment for a term which may extend to six
months, or with fine which may extend to one thousand rupees, or with both.
173. Preventing service of summons or other proceeding, or preventing publication thereof.—
Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any
summons, notice or order proceeding from any public servant legally competent, as such public servant,
to issue such summons, notice or order,
or intentionally prevents the lawful affixing to any place of any such summons, notice or order,
or intentionally removes any such summons, notice or order from any place to which it is lawfully
affixed,
or intentionally prevents the lawful making of any proclamation, under the authority of any public
servant legally competent, as such public servant, to direct such proclamation to be made,
1. The proviso ins. by Act 24 of 2003, s. 5 (w.e.f. 22-9-2003).
2. Subs. by Act 21 of 2000, s. 91 and the First Sch., for “produce a document in a Court of Justice” (w.e.f. 17-10-2000).
shall be punished with simple imprisonment for a term which may extend to one month, or with fine
which may extend to five hundred rupees, or with both;
or, if the summons, notice, order or proclamation is to attend in person or by agent, or 1
[to produce a
document or electronic record in a Court of Justice] with simple imprisonment for a term which may
extend to six months, or with fine which may extend to one thousand rupees, or with both.
174. Non-attendance in obedience to an order from public servant.—Whoever, being legally
bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice,
order, or proclamation proceeding from any public servant legally competent, as such public servant, to
issue the same,
intentionally omits to attend at that place or time, or departs from the place where he is bound to
attend before the time at which it is lawful for him to depart,
shall be punished with simple imprisonment for a term which may extend to one month, or with fine
which may extend to five hundred rupees, or with both;
or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of
Justice, with simple imprisonment for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
Illustrations
(a) A, being legally bound to appear before the 2
[High Court] at Calcutta, in obedience to a subpoena issuing from that
Court, intentionally omits to appear. A has committed the offence defined in this section.
(b) A, being legally bound to appear before a 3
[District Judge], as a witness, in obedience to a summons issued by that
2
[District Judge] intentionally omits to appear. A has committed the offence defined in this section.
4
[174A .Non-appearance in response to a proclamation under section 82 of Act 2 of 1974.—
Whoever fails to appear at the specified place and the specified time as required by a proclamation
published under sub-section (1) of section 82 of the Code of Criminal Procedure, 1973 shall be punished
with imprisonment for a term which may extend to three years or with fine or with both, and where a
declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed
offender, he shall be punished with imprisonment for a term which may extend to seven years and shall
also be liable to fine.]
175. Omission to produce document to public servant by person legally bound to produce it.—
Whoever, being legally bound to produce or deliver up any 5
[document or electronic record] to any public
servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple
imprisonment for a term which may extend to one month, or with fine which may extend to five hundred
rupees, or with both;
or, if the 4
[document or electronic record] is to be produced or delivered up to a Court of Justice, with
simple imprisonment for a term which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
Illustration
A, being legally bound to produce a document before a 6
[District Court], intentionally omits to produce the same. A has
committed the offence defined in this section.
176. Omission to give notice or information to public servant by person legally bound to give
it.—Whoever, being legally bound to give any notice or to furnish information on any subject to any
public servant, as such, intentionally omits to give such notice or to furnish such information in the
manner and at the time required by law, shall be punished with simple imprisonment for a term which
may extend to one month, or with fine which may extend to five hundred rupees, or with both;
1. Subs. by Act 21 of 2000, s. 91 and the First Sch., for “to produce a document in a Court of Justice” (w.e.f. 17-10-2000).
2. Subs. by the A. O. 1950, for “Supreme Court”.
3. Subs. ibid., for “Zila Judge”.
4. Ins. by Act 25 of 2005, s. 44 (w.e.f. 23-6-2005).
5. Subs. by Act 21 of 2000, s. 91 and the First Sch., for “document” (w.e.f. 17-10-2000).
6. Subs. by the A.O. 1950, for “Zila Court”.
or, if the notice or information required to be given respects the commission of an offence, or is
required for the purpose of preventing the commission of an offence, or in order to the apprehension of an
offender, with simple imprisonment for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both;
1
[or, if the notice or information required to be given is required by an order passed under
sub-section (1) of section 565 of the Code of Criminal Procedure, 1898 (5 of 1898), with imprisonment of
either description for a term which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.]
177. Furnishing false information.—Whoever, being legally bound to furnish information on any
subject to any public servant, as such, furnishes, as true, information on the subject which he knows or
has reason to believe to be false shall be punished with simple imprisonment for a term which may extend
to six months, or with fine which may extend to one thousand rupees, or with both;
or, if the information which he is legally bound to give respects the commission of an offence, or is
required for the purpose of preventing the commission of an offence, or in order to the apprehension of an
offender, with imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
Illustrations
(a) A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully misinforms the
Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence
defined in this section.
(b) A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit
a dacoity in the house of Z, a wealthy merchant residing in a neighbouring place, and being bound under clause 5, section VII,
2Regulation III, 1821, of the Bengal Code, to give early and punctual information of the above fact to the officer of the nearest
police-station, wilfully misinforms the police officer that a body of suspicious characters passed through the village with a view
to commit dacoity in a certain distant place in a different direction. Here A is guilty of the offence defined in the latter part of this
section.
3
[Explanation.—In section 176 and in this section the word “offence” includes any act committed at
any place out of 4
[India], which, if committed in 3
[India], would be punishable under any of the following
following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449,
450, 457, 458, 459 and 460; and the word “offender” includes any person who is alleged to have been
guilty of any such act.]
178. Refusing oath or affirmation when duly required by public servant to make it.—Whoever
refuses to bind himself by an oath 5
[or affirmation] to state the truth, when required so to bind himself by
a public servant legally competent to require that he shall so bind himself, shall be punished with simple
imprisonment for a term which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
179. Refusing to answer public servant authorised to question.—Whoever, being legally bound to
state the truth on any subject to any public servant, refuses to answer any question demanded of him
touching that subject by such public servant in the exercise of the legal powers of such public servant,
shall be punished with simple imprisonment for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both.
180. Refusing to sign statement.—Whoever refuses to sign any statement made by him, when
required to sign that statement by a public servant legally competent to require that he shall sign that
statement, shall be punished with simple imprisonment for a term which may extend to three months, or
with fine which may extend to five hundred rupees, or with both.
181. False statement on oath or affirmation to public servant or person authorised to
administer an oath or affirmation.—Whoever, being legally bound by an oath 4
[or affirmation] to state
1. Added by Act 22 of 1939, s. 2.
2. Rep. by Act 17 of 1862, s. VII and Sch.
3. Added by Act 3 of 1894, s. 5.
4. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
5. Ins. by Act 10 of 1873, s. 15
the truth on any subject to any public servant or other person authorized by law to administer such oath
1
[or affirmation], makes, to such public servant or other person as aforesaid, touching that subject, any
statement which is false, and which he either knows or believes to be false or does not believe to be true,
shall be punished with imprisonment of either description for a term which may extend to three years, and
shall also be liable to fine.
2
[182. False information, with intent to cause public servant to use his lawful power to the
injury of another person.—Whoever gives to any public servant any information which he knows or
believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such
public servant—
(a) to do or omit anything which such public servant ought not to do or omit if the true state of
facts respecting which such information is given were known by him, or
(b) to use the lawful power of such public servant to the injury or annoyance of any person,
shall be punished with imprisonment of either description for a term which may extend to six months, or
with fine which may extend to one thousand rupees, or with both.
Illustrations
(a) A informs a Magistrate that Z, a police-officer, subordinate to such Magistrate, has been guilty of neglect of duty or
misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to
dismiss Z. A has committed the offence defined in this section.
(b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and
knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A
has committed the offence defined in this section.
(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He
does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of this information
the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has
committed an offence under this section.]
183. Resistance to the taking of property by the lawful authority of a public servant.—Whoever
offers any resistance to the taking of any property by the lawful authority of any public servant, knowing
or having reason to believe that he is such public servant, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
184. Obstructing sale of property offered for sale by authority of public servant.—Whoever
intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant,
as such, shall be punished with imprisonment of either description for a term which may extend to one
month, or with fine which may extend to five hundred rupees, or with both.
185. Illegal purchase or bid for property offered for sale by authority of public servant.—
Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or
bids for any property on account of any person, whether himself or any other, whom he knows to be
under a legal incapacity to purchase that property at that sale, or bids for such property not intending to
perform the obligations under which he lays himself by such bidding, shall be punished with
imprisonment of either description for a term which may extend to one month, or with fine which may
extend to two hundred rupees, or with both.
186. Obstructing public servant in discharge of public functions.—Whoever voluntarily obstructs
any public servant in the discharge of his public functions, shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine which may extend to five hundred
rupees, or with both.
187. Omission to assist public servant when bound by law to give assistance.—Whoever, being
bound by law to render or furnish assistance to any public servant in the execution of his public duty,
intentionally omits to give such assistance, shall be punished with simple imprisonment for a term which
may extend to one month, or with fine which may extend to two hundred rupees, or with both;
1. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
2. Subs. by Act 3 of 1895, s. 1, for section 182.
49
and if such assistance be demanded of him by a public servant legally competent to make such demand
for the purposes of executing any process lawfully issued by a Court of Justice, or of preventing the
commission of an offence, or suppressing a riot, or affray, or of apprehending a person charged with or
guilty of an offence, or of having escaped from lawful custody, shall be punished with simple
imprisonment for a term which may extend to six months, or with fine which may extend to five hundred
rupees, or with both.
188. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an
order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to
abstain from a certain act, or to take certain order with certain property in his possession or under his
management, disobeys such direction,
shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of
obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple
imprisonment for a term which may extend to one month or with fine which may extend to two hundred
rupees, or with both;
and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or
tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which
may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his
disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and
that his disobedience produces, or is likely to produce, harm.
Illustration
An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious
procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has
committed the offence defined in this section.
189. Threat of injury to public servant.—Whoever holds out any threat of injury to any public
servant, or to any person in whom he believes that public servant to be interested, for the purpose of
inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise
of the public functions of such public servant, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
190. Threat of injury to induce person to refrain from applying for protection to public
servant.—Whoever holds out any threat of injury to any person for the purpose of inducing that person to
refrain or desist from making a legal application for protection against any injury to any public servant
legally empowered as such to give such protection, or to cause such protection to be given, shall be
punished with imprisonment of either description for a term which may extend to one year, or with fine,
or with both.
OF FALSE EVIDENCEAND OFFENCES AGAINST PUBLIC JUSTICE
191. Giving false evidence.—Whoever, being legally bound by an oath or by an express provision of
law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement
which is false, and which he either knows or believes to be false or does not believe to be true, is said to
give false evidence.
Explanation1.—A statement is within the meaning of this section, whether it is made verbally or
otherwise.
Explanation 2.—A false statement as to the belief of the person attesting is within the meaning of this
section, and a person may be guilty of giving false evidence by stating that he believes a thing which he
does not believe, as well as by stating that he knows a thing which he does not know.
Illustrations
(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z
admit the justice of B’s claim. A has given false evidence.
(b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when
he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false
evidence.
(c) A, knowing the general character of Z’s handwriting, states that he believes a certain signature to be the handwriting of
Z; A in good faith believing it to be so. Here A’s statement is merely as to his belief, and is true as to his belief, and therefore,
although the signature may not be the handwriting of Z, A has not given false evidence.
(d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not
knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not.
(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which
he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or
translation. A has given false evidence.
192. Fabricating false evidence.—Whoever causes any circumstance to exist or 1
[makes any false
entry in any book or record, or electronic record or makes any document or electronic record containing a
false statement,] intending that such circumstance, false entry or false statement may appear in evidence
in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an
arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause
any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous
opinion touching any point material to the result of such proceeding is said “to fabricate false evidence”.
Illustrations
(a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance
may cause Z to be convicted of theft. A has fabricated false evidence.
(b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court of Justice. A has
fabricated false evidence.
(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z’s handwriting,
purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the
officers of the police are likely to search. A has fabricated false evidence.
193. Punishment for false evidence.—Whoever intentionally gives false evidence in any of a
judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial
proceeding, shall be punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine;
and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with
imprisonment of either description for a term which may extend to three years, and shall also be liable to
fine.
Explanation 1.—A trial before a Court-martial2
***is a judicial proceeding.
Explanation 2.—An investigation directed by law preliminary to a proceeding before a Court of
Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of
Justice.
Illustration
A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on
oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A as given false evidence.
Explanation 3.—An investigation directed by a Court of Justice according to law, and conducted
under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may
not take place before a Court of Justice.
Illustration
A, in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on
oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence.
194. Giving or fabricating false evidence with intent to procure conviction of capital offence.—
Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he
will thereby cause, any person to be convicted of an offence which is capital 3
[by the law for the time
being in force in 4
[India]] shall be punished with 5
[imprisonment for life], or with rigorous imprisonment
for a term which may extend to ten years, and shall also be liable to fine;
1. Subs. by Act 21 of 2000, s. 91 and the First Sch., for certain words (w.e.f. 17-10-2000).
2. The words “or before a Military Court of Request” rep. by Act 13 of 1889, s. 2 and Sch.
3. Subs. by the A.O. 1948, for “by the law of British India or England”.
4. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the States”.
5. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956)
If innocent person be thereby convicted and executed.—and if an innocent person be convicted
and executed in consequence of such false evidence, the person who gives such false evidence shall be
punished either with death or the punishment hereinbefore described.
195. Giving or fabricating false evidence with intent to procure conviction of offence punishable
with imprisonment for life or imprisonment.—Whoever gives or fabricates false evidence intending
thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an
offence which 1
[by the law for the time being in force in 2
[India]] is not capital, but punishable with
3
[imprisonment for life], or imprisonment for a term of seven years or upwards, shall be punished as a
person convicted of that offence would be liable to be punished.
Illustration
A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The punishment
of dacoity is 4
[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, with or without fine.
A, therefore, is liable to 5
[imprisonment for life] or imprisonment, with or without fine.
6
[195A. Threatening any person to give false evidence.—Whoever threatens another with any
injury to his person, reputation or property or to the person or reputation of any one in whom that person
is interested, with intent to cause that person to give false evidence shall be punished with imprisonment
of either description for a term which may extend to seven years, or with fine, or with both;
and if innocent person is convicted and sentenced in consequence of such false evidence, with death
or imprisonment for more than seven years, the person who threatens shall be punished with the same
punishment and sentence in the same manner and to the same extent such innocent person is punished and
sentenced.]
196. Using evidence known to be false.—Whoever corruptly uses or attempts to use as true or
genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same
manner as if he gave or fabricated false evidence.
197. Issuing or signing false certificate.—Whoever issues or signs any certificate required by law to
be given or signed, or relating to any fact of which such certificate is by law admissible in evidence,
knowing or believing that such certificate is false in any material point, shall be punished in the same
manner as if he gave false evidence.
198. Using as true a certificate known to be false.—Whoever corruptly uses or attempts to use any
such certificate as a true certificate, knowing the same to be false in any material point, shall be punished
in the same manner as if he gave false evidence.
199. False statement made in declaration which is by law receivable as evidence.—Whoever, in
any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant
or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement
which is false, and which he either knows or believes to be false or does not believe to be true, touching
any point material to the object for which the declaration is made or used, shall be punished in the same
manner as if he gave false evidence.
200. Using as true such declaration knowing it to be false.—Whoever corruptly uses or attempts to
use as true any such declaration, knowing the same to be false in any material point, shall be punished in
the same manner as if he gave false evidence.
Explanation.—A declaration which is inadmissible merely upon the ground of some informality, is a
declaration within the meaning of sections 199 and 200.
201. Causing disappearance of evidence of offence, or giving false information to screen
offender.—Whoever, knowing or having reason to believe that an offence has been committed, causes
any evidence of the commission of that offence to disappear, with the intention of screening the offender
from legal punishment, or with that intention gives any information respecting the offence which he
knows or believes to be false,
1. Subs. by the A.O. 1948, for “by the law of British India or England”.
2. Subs.by Act 3 of 1951, s. 3 and Schedule, for “the States”.
3. Subs. by Act 26 of 1955, s. 117 and Schedule, for “transportation for life” (w.e.f. 1-1-1956).
4. Subs. by s. 117 and the Schedule, ibid., for “transportation for life” (w.e.f. 1-1-1956).
5. Subs. by s. 117 and the Schedule, ibid., for “such transportation” (w.e.f. 1-1-1956).
6. Ins. by Act 2 of 2006, s. 2 (w.e.f. 16-4-2006).
if a capital offence.—shall, if the offence which he knows or believes to have been committed is
punishable with death be punished with imprisonment of either description for a term which may extend
to seven years, and shall also be liable to fine;
if punishable with imprisonment for life.—and if the offence is punishable with 1
[imprisonment for
life], or with imprisonment which may extend to ten years, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also be liable to fine;
if punishable with less than ten years’ imprisonment.—and if the offence is punishable with
imprisonment for any term not extending to ten years, shall be punished with imprisonment of the
description provided for the offence, for a term which may extend to one-fourth part of the longest term
of the imprisonment provided for the offence, or with fine, or with both.
Illustration
A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable
to imprisonment of either description for seven years, and also to fine.
202. Intentional omission to give information of offence by person bound to inform.—Whoever,
knowing or having reason to believe that an offence has been committed, intentionally omits to give any
information respecting that offence which he is legally bound to give, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine, or with both.
203. Giving false information respecting an offence committed.—Whoever, knowing or having
reason to believe that an offence has been committed, gives any information respecting that offence which
he knows or believes to be false, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
1
[Explanation.—In sections 201 and 202 and in this section the word “offence” includes any act
committed at any place out of 2
[India], which, if committed in 2
[India], would be punishable under any of
the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449,
450, 457, 458, 459 and 460.]
204. Destruction of document to prevent its production as evidence.—Whoever secretes or
destroys any 3
[document and electronic record] which he may be lawfully compelled to produce as
evidence in a Court of Justice, or in any proceeding lawfully held before a public servant, as such, or
obliterates or renders illegible the whole or any part of such 3
[document or electronic record] with the
intention of preventing the same from being produced or used as evidence before such Court or public
servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for
that purpose, shall be punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
205. False personation for purpose of act or proceeding in suit or prosecution.—Whoever falsely
personates another, and in such assumed character makes any admission or statement, or confesses
judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit
or criminal prosecution, shall be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in
execution.—Whoever fraudulently removes, conceals, transfers or delivers to any person any property or
any interest therein, intending thereby to prevent that property or interest therein from being taken as a
forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to
be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken in
execution of a decree or order which has been made, or which he knows to be likely to be made by a
Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which
may extend to two years or with fine, or with both.
1. Added by Act 3 of 1894, s. 6.
2. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
3. Subs. by Act 21 of 2000, s. 91 and the First Sch., for “document” (w.e.f. 17-10-2000).
207. Fraudulent claim to property to prevent its seizure as forfeited or in execution.—Whoever
fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right
or rightful claim to such property or interest, or practices any deception touching any right to any property
or any interest therein, intending thereby to prevent that property or interest therein from being taken as a
forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to
be likely to be pronounced by a Court of Justice or other competent authority, or from being taken in
execution of a decree or order which has been made, or which he knows to be likely to be made by a
Court of Justice in a civil suit, shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.
208. Fraudulently suffering decree for sum not due.—Whoever fraudulently causes or suffers a
decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum
than is due to such person or for any property or interest in property to which such person is not entitled,
or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or
for anything in respect of which it has been satisfied, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.
Illustration
A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently
suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against
him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any
sale of Z’s property which may be made under A’s decree. Z has committed an offence under this section.
209. Dishonesty making false claim in Court.—Whoever fraudulently or dishonestly, or with intent
to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be
punished with imprisonment of either description for a term which may extend to two years, and shall
also be liable to fine.
210. Fraudulently obtaining decree for sum not due.—Whoever fraudulently obtains a decree or
order against any person for a sum not due, or for a larger sum than is due or for any property or interest
in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any
person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently
suffers or permits any such act to be done in his name, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.
211. False charge of offence made with intent to injure.—Whoever, with intent to cause injury to
any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely
charges any person with having committed an offence, knowing that there is no just or lawful ground for
such proceeding or charge against that person, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both;
and if such criminal proceeding be instituted on a false charge of an offence punishable with death,
1
[imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with
imprisonment of either description for a term which may extend to seven years, and shall also be liable to
fine.
212. Harbouring offender.—Whenever an offence has been committed, whoever harbours or
conceals a person whom he knows or has reason to believe to be the offender, with the intention of
screening him from legal punishment,
if a capital offence.—shall, if the offence is punishable with death, be punished with imprisonment
of either description for a term which may extend to five years, and shall also be liable to fine;
if punishable with imprisonment for life, or with imprisonment.—and if the offence is punishable
with 1
[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished
with imprisonment of either description for a term which may extend to three years, and shall also be
liable to fine;
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
and if the offence is punishable with imprisonment which may extend to one year, and not to ten
years, shall be punished with imprisonment of the description provided for the offence for a term which
may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine,
or with both.
1
[“Offence” in this section includes any act committed at any place out of 2
[India], which, if
committed in 3
[India], would be punishable under any of the following sections, namely, 302, 304, 382,
392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and every such
act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been
guilty of it in 3
[India].]
Exception.—This provision shall not extend to any case in which the harbour or concealment is by the
husband or wife of the offender.
Illustration
A, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal punishment. Here, as B
is liable to 3
[imprisonment for life], A is liable to imprisonment of either description for a term not exceeding three years, and is
also liable to fine.
213. Taking gift, etc., to screen an offender from punishment.—Whoever accepts or attempts to
obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property
to himself or any other person, in consideration of his concealing an offence or of his screening any
person from legal punishment for any offence, or of his not proceeding against any person for the purpose
of bringing him to legal punishment,
if a capital offence.—shall, if the offence is punishable with death, be punished with imprisonment
of either description for a term which may extend to seven years, and shall also be liable to fine;
if punishable with imprisonment for life, or with imprisonment.—and if the offence is punishable
with 1
[imprisonment for life], or with imprisonment which may extend to ten years, shall be punished
with imprisonment of either description for a term which may extend to three years, and shall also be
liable to fine;
and if the offence is punishable with imprisonment not extending to ten years, shall be punished with
imprisonment of the description provided for the offence for a term which may extend to one fourth part
of the longest term of imprisonment provided for the offence, or with fine, or with both.
214. Offering gift or restoration of property in consideration of screening offender.—Whoever
gives or causes, or offers or agrees to give or cause, any gratification to any person, or 4
[restores or causes
the restoration of] any property to any person, in consideration of that person’s concealing an offence, or
of his screening any person from legal punishment for any offence, or of his not proceeding against any
person for the purpose of bringing him to legal punishment,
if a capital offence.—shall, if the offence is punishable with death, be punished with imprisonment
of either description for a term which may extend to seven years, and shall also be liable to fine;
if punishable with imprisonment for life, or with imprisonment.—and if the offence is punishable
with 1
[imprisonment for life] or with imprisonment which may extend to ten years, shall be punished with
imprisonment of either description for a term which may extend to three years, and shall also be liable to
fine;
and if the offence is punishable with imprisonment not extending to ten years, shall be punished with
imprisonment of the description provided for the offence for a term which may extend to one-fourth part
of the longest term of imprisonment provided for the offence, or with fine, or with both.
5
[Exception.—The provisions of sections 213 and 214 do not extend to any case in which the offence
may lawfully be compounded.]
1. Ins. by Act 3 of 1894, s. 7.
2. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951 s. 3 and the Sch.,
to read as above.
3. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
4. Subs. by Act 42 of 1953, s. 4 and the Third Sch., for “to restore or cause the restoration of”.
5. Subs. by Act 8 of 1882, s. 6, for the original exception.
215. Taking gift to help to recover stolen property, etc.—Whoever takes or agrees or consents to
take any gratification under pretence or on account of helping any person to recover any movable
property of which he shall have been deprived by any offence punishable under this Code, shall, unless he
uses all means in his power to cause the offender to be apprehended and convicted of the offence, be
punished with imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
216. Harbouring offender who has escaped from custody or whose apprehension has been
ordered.—Whenever any person convicted of a charged with an offence, being in lawful custody for that
offence, escapes from such custody,
or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain
person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension,
harbours or conceals that person with the intention of preventing him from being apprehended, shall be
punished in the manner following, that is to say,
if a capital offence.—if the offence for which the person was in custody or is ordered to be
apprehended is punishable with death, he shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine;
if punishable with imprisonment for life, or with imprisonment.—if the offence is punishable
with 2
[imprisonment for life] or imprisonment for ten years, he shall be punished with imprisonment of
either description for a term which may extend to three years, with or without fine;
and if the offence is punishable with imprisonment which may extend to one year and not to ten
years, he shall be punished with imprisonment of the description provided for the offence for a term
which may extend to one-fourth part of the longest term of the imprisonment provided for such offence,
or with fine, or with both.
3
[“Offence” in this section includes also any act or omission of which a person is alleged to have been
guilty out of 4
[India], which, if he had been guilty of it in 3
[India], would have been punishable as an
offence, and for which he is, under any law relating to extradition, 5
*** or otherwise, liable to be
apprehended or detained in custody in 3
[India], and every such act or omission shall, for the purposes of
this section, be deemed to be punishable as if the accused person had been guilty of it in 3
[India].]
Exception.—The provision does not extend to the case in which the harbour or concealment is by the
husband or wife of the person to be apprehended.
6
[216A. Penalty for harbouring robbers or dacoits.—Whoever, knowing or having reason to
believe that any persons are about to commit or have recently committed robbery or dacoity, harbours
them or any of them, with the intention of facilitating the commission of such robbery or dacoity, or of
screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term
which may extend to seven years, and shall also be liable to fine.
Explanation.—For the purposes of this section it is immaterial whether the robbery or dacoity is
intended to be committed, or has been committed, within or without 3
[India].
Exception.—This provision does not extend to the case in which the harbour is by the husband or
wife of the offender.]
5
[216B. Definition of “harbour” in sections 212, 216 and 216A.] Rep. by the Indian Penal Code
(Amendment) Act, 1942 (8 of 1942), s. 3.
217. Public servant disobeying direction of law with intent to save person from punishment or
property from forfeiture.—Whoever, being a public servant, knowingly disobeys any direction of the
1. Illustrations rep. by Act 10 of 1882, s. 2 and the First Sch.
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
3. Ins. by Act 10 of 1886, s. 23.
4. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
5. The words “or under the Fugitive Offenders Act, 1881,” omitted by Act 3 of 1951, s. 3 and the Sch.
6. Ins. by Act 3 of 1894, s. 8.
law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or
knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a
less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby
to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both.
218. Public servant framing incorrect record or writing with intent to save person from
punishment or property from forfeiture.—Whoever, being a public servant, and being as such public
servant, charged with the preparation of any record or other writing, frames that record or writing in a
manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will
thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to
be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing
that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law,
shall be punished with imprisonment of either description for a term which may extend to three years, or
with fine, or with both.
219. Public servant in judicial proceeding corruptly making report, etc., contrary to law.—
Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial
proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished
with imprisonment of either description for a term which may extend to seven years, or with fine, or with
both.
220. Commitment for trial or confinement by person having authority who knows that he is
acting contrary to law.—Whoever, being in any office which gives him legal authority to commit
persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits
any person for trial or to confinement, or keeps any person in confinement, in the exercise of that
authority knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of
either description for a term which may extend to seven years, or with fine, or with both.
221. Intentional omission to apprehend on the part of public servant bound to apprehend.—
Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in
confinement any person charged with or liable to be apprehended for an offence, intentionally omits to
apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in
escaping or attempting to escape from such confinement, shall be punished as follows, that is to say:—
with imprisonment of either description for a term which may extend to seven years, with or without
fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to
be apprehended for, an offence punishable with death; or
with imprisonment of either description for a term which may extend to three years, with or without
fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to
be apprehended for, an offence punishable with 1
[imprisonment for life] or imprisonment for a term
which may extend to ten years; or
with imprisonment of either description for a term which may extend to two years, with or without
fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to
be apprehended for, an offence punishable with imprisonment for a term less than ten years.
222. Intentional omission to apprehend on the part of public servant bound to apprehend
person under sentence or lawfully committed.—Whoever, being a public servant, legally bound as
such public servant to apprehend or to keep in confinement any person under sentence of a Court of
Justice for any offence 2
[or lawfully committed to custody], intentionally omits to apprehend such person,
or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting
to escape from such confinement, shall be punished as follows, that is to say:—
with 1
[imprisonment for life] or with imprisonment of either description for a term which may extend
to fourteen years, with or without fine, if the person in confinement, or who ought to have been
apprehended, is under sentence of death; or
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. Ins. by Act 27 of 1870, s. 8.
with imprisonment of either description for a term which may extend to seven years, with or without
fine, if the person in confinement or who ought to have been apprehended, is subject, by a sentence of a
Court of Justice, or by virtue of a commutation of such sentence, to 1
[imprisonment for life] 1
*** 2
***
3
*** 4
*** or imprisonment for a term of ten years, or upwards; or
with imprisonment of either description for a term which may extend to three years, or with fine, or
with both, if the person in confinement or who ought to have been apprehended is subject by a sentence
of a Court of Justice, to imprisonment for a term not extending to ten years 2
[or if the person was lawfully
committed to custody].
223. Escape from confinement or custody negligently suffered by public servant.—Whoever,
being a public servant legally bound as such public servant to keep in confinement any person charged
with or convicted of any offence 5
[or lawfully committed to custody], negligently suffers such person to
escape from confinement, shall be punished with simple imprisonment for a term which may extend to
two years, or with fine, or with both.
224. Resistance or obstruction by a person to his lawful apprehension.—Whoever intentionally
offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with
which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody
in which he is lawfully detained for any such offence, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.
Explanation.—The punishment in this section is in addition to the punishment for which the person to
be apprehended or detained in custody was liable for the offence with which he was charged, or of which
he was convicted.
225. Resistance or obstruction to lawful apprehension of another person.—Whoever intentionally
offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence,
or rescues or attempts to rescue any other person from any custody in which that person is lawfully
detained for an offence, shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both;
or, if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with
or liable to be apprehended for an offence punishable with 6
[imprisonment for life] or imprisonment for a
term which may extend to ten years, shall be punished with imprisonment of either description for a term
which may extend to three years, and shall also be liable to fine;
or, if the person to be apprehended, or rescued, or attempted to be rescued, is charged with or liable to
be apprehended for an offence punishable with death, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine;
or, if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence
of a Court of Justice, or by virtue of a commutation of such a sentence, to 2
[imprisonment for life], 7
***
8
*** 9
*** or imprisonment, for a term of ten years, or upwards, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine;
or, if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death,
shall be punished with 2
[imprisonment for life] or imprisonment of either description for a term not
exceeding ten years, and shall also be liable to fine.
10[225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not
otherwise, provided for.—Whoever, being a public servant legally bound as such public servant to
1. The words “or penal servitude for life” omitted by Act 17 of 1949, s. 2 (w.e.f. 6-4-1949).
2. The words “or to” omitted by Act 36 of 1957, s. 3 and the Second Sch.
3. The word “transportation” omitted by Act 26 of 1955, s. 117 and the Sch. (w.e.f. 1-1-1956).
4. The words “or penal servitude” omitted by Act 17 of 1949, s. 2 (w.e.f. 6-4-1949).
5. Ins. by Act 27 of 1870, s. 8.
6. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
7. The words “or to” omitted by Act 36 of 1957, s. 3 and the Second Sch.
8. The word “transportation” omitted by Act 26 of 1955, s. 117 and the Sch. (w.e.f. 1-1-1956).
9. The words “penal servitude” omitted by Act 17 of 1949, s. 2 (w.e.f. 6-4-1949).
10. Subs. by Act 10 of 1886, s. 24(1), for section 225A which had been ins. by Act 27 of 1870, s. 9.
apprehend, or to keep in confinement, any person in any case not provided for in section 221, section 222
or section 223, or in any other law for the time being in force, omits to apprehend that person or suffers
him to escape from confinement, shall be punished—
(a) if he does so intentionally, with imprisonment of either description for a term which may
extend to three years, or with fine or with both; and
(b) if he does so negligently, with simple imprisonment for a term which may extend to two
years, or with fine, or with both.
225B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not
otherwise provided for.—Whoever, in any case not provided for in section 224 or section 225 or in any
other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful
apprehension of himself or of any other person, or escapes or attempts to escape from any custody in
which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in
which that person is lawfully detained, shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine, or with both.]
226. [Unlawful return from transportation.] Rep. by the Code of Criminal Procedure (Amendment)
Act, 1955 (26 of 1955), s. 117 and the Sch (w.e.f. 1-1-1956).
227. Violation of condition of remission of punishment.—Whoever, having accepted any
conditional remission of punishment, knowingly violates any condition on which such remission was
granted, shall be punished with the punishment to which he was originally sentenced, if he has already
suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much
of that punishment as he has not already suffered.
228. Intentional insult or interruption to public servant sitting in judicial proceeding.—Whoever
intentionally offers any insult, or causes any interruption to any public servant, while such public servant
is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term
which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
1
[228A. Disclosure of identity of the victim of certain offences, etc.—(1) Whoever prints or
publishes the name or any matter which may make known the identity of any person against whom an
2
[offence under section 376, 3
[section 376A, section 376AB, section 376B, section 376C, section 376D,
section 376DA, section 376DB] or section 376E] is alleged or found to have been committed (hereafter
in this section referred to as the victim) shall be punished with imprisonment of either description for a
term which may extend to two years and shall also be liable to fine.
(2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which
may make known the identity of the victim if such printing or publication is—
(a) by or under the order in writing of the officer-in-charge of the police station or the police
officer making the investigation into such offence acting in good faith for the purposes of such
investigation; or
(b) by, or with the authorisation in writing of, the victim; or
(c) where the victim is dead or minor or of unsound mind, by, or with the authorisation in writing
of, the next of kin of the victim:
Provided that no such authorisation shall be given by the next of kin to anybody other than the
chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.
Explanation.—For the purposes of this sub-section, “recognised welfare institution or organisation”
means a social welfare institution or organisationrecognised in this behalf by the Central or State
Government.
1. Ins. by Act 43 of 1983, s. 2.
2. Subs. by Act 13 of 2013, s. 4, for “offence under section 376, section 376A, section 376B, section 376C or section 376D”
(w.e.f. 3-2-2013).
3. Subs. by Act 22 of 2018, s. 3, for “section 376A, section 376B, section 376C, section 376D” (w.e.f. 21-4-2018).
(3) Whoever prints or publishes any matter in relation to any proceeding before a court with respect to
an offence referred to in sub-section (1) without the previous permission of such court shall be punished
with imprisonment of either description for a term which may extend to two years and shall also be liable
to fine.
Explanation.—The printing or publication of the judgment of any High Court or the Supreme Court
does not amount to an offence within the meaning of this section.]
229. Personation of a juror or assessor.—Whoever, by personation or otherwise, shall intentionally
cause, or knowingly suffer himself to be returned, empanelled or sworn as a juryman or assessor in any
case in which he knows that he is not entitled by law to be so returned, empanelled or sworn, or knowing
himself to have been so returned, empanelled or sworn contrary to law, shall voluntarily serve on such
jury or as such assessor, shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
1
[229A. Failure by person released on bail or bond to appear in court.—Whoever, having been
charged with an offence and released on bail or on bond without sureties, fails without sufficient cause
(the burden of proving which shall lie upon him), to appear in court in accordance with the terms of the
bail or bond, shall be punished with imprisonment of either description for a term which may extend to
one year, or with fine, or with both.
Explanation.—The punishment under this section is—
(a) in addition to the punishment to which the offender would be liable on a conviction for the
offence with which he has been charged; and
(b) without prejudice to the power of the court to order forfeiture of the bond.]
OF OFFENCES RELATINGTO COINAND GOVERNMENT STAMPS
230. “Coin” defined.—2
[Coin is metal used for the time being as money, and stamped and issued by
the authority of some State or Sovereign Power in order to be so used.]
3
[Indian coin.—Indian coin is metal stamped and issued by the authority of the Government of India
in order to be used as money; and metal which has been so stamped and issued shall continue to be Indian
coin for the purposes of this Chapter, notwithstanding that it may have ceased to be used as money.]
Illustrations
(a) Cowries are not coin.
(b) Lumps of unstamped copper, though used as money, are not coin.
(c) Medals are not coin, inasmuch as they are not intended to be used as money.
(d) The coin denominated as the Company’s rupee is 4
[Indian coin].
5
[(e) The “Farukhabad rupee”, which was formerly used as money under the authority of the Government of India, is
6
[Indian coin] although it is no longer so used.]
231. Counterfeiting coin.—Whoever counterfeits or knowingly performs any part of the process of
counterfeiting coin, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
Explanation.—A person commits this offence who intending to practise deception, or knowing it to
be likely that deception will thereby be practised, causes a genuine coin to appear like a different coin.
232. Counterfeiting Indian coin.—Whoever counterfeits, or knowingly performs any part of the
process of counterfeiting 4
[Indian coin], shall be punished with 7
[imprisonment for life], or with
1. Ins. by Act 25 of 2005, s. 44 (w.e.f. 23-6-2005).
2. Subs. by Act 19 of 1872, s. 1, for the first paragraph.
3. Subs. by the A. O. 1950, for the second paragraph.
4. Subs., ibid., for “the Queen’s coin”.
5. Added by Act 6 of 1896, s. 1(2).
6. Subs. by the A. O. 1950, for “Queen’s coin”
7. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
imprisonment of either description for a term which may extend to ten years, and shall also be liable to
fine.
233. Making or selling instrument for counterfeiting coin.—Whoever makes or mends, or
performs any part of the process of making or mending, or buys, sells or disposes of, any die or
instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be
used, for the purpose of counterfeiting coin, shall be punished with imprisonment of either description for
a term which may extended to three years, and shall also be liable to fine.
234. Making or selling instrument for counterfeiting Indian coin.—Whoever makes or mends, or
performs any part of the process of making or mending or buys, sells or disposes of, any die or
instrument, for the purpose of being used, or knowing or having reason to believe that it is intended to be
used, for the purpose of counterfeiting 1
[Indian coin], shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
235. Possession of instrument or material for the purpose of using the same for counterfeiting
coin.—Whoever is in possession of any instrument or material, for the purpose of using the same for
counterfeiting coin, or knowing or having reason to believe that the same is intended to be used for that
purpose, shall be punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine;
if Indian coin.—and if the coin to be counterfeited is 1
[Indian coin], shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall also be liable to
fine.
236. Abetting in India the counterfeiting out of India of coin.—Whoever, being within 2
[India]
abets the counterfeiting of coin out of 2
[India] shall be punished in the same manner as if he abetted the
counterfeiting of such coin within 2
[India].
237. Import or export of counterfeit coin.—Whoever imports into 2
[India], or exports therefrom,
any counterfeit coin, knowing or having reason to believe that the same is counterfeit, shall be punished
with imprisonment of either description for a term which may extend to three years, and shall also be
liable to fine.
238. Import or export of counterfeits of the Indian coin.—Whoever imports into 2
[India], or
exports therefrom, any counterfeit coin, which he knows or has reason to believe to be a counterfeit of
1
[Indian coin], shall be punished with 3
[Imprisonment for life], or with imprisonment of either description
description for a term which may extend to ten years, and shall also be liable to fine
239. Delivery of coin, possessed with knowledge that it is counterfeit.—Whoever, having any
counterfeit coin, which at the time when he became possessed of it, he knew to be counterfeit,
fraudulently or with intent that fraud may be committed, delivers the same to any persons or attempts to
induce any person to receive it, shall be punished with imprisonment of either description for a term
which may extend to five years, and shall also be liable to fine.
240. Delivery of Indian coin, possessed with knowledge that it is counterfeit.—Whoever, having
any counterfeit coin which is a counterfeit of 1
[Indian coin], and which, at the time when he became
possessed of it, he knew to be a counterfeit of 1
[Indian coin], fraudulently or with intent that fraud may be
committed, delivers the same to any person, or attempts to induce any person to receive it, shall be
punished with imprisonment of either description for a term which may extend to ten years, and shall also
be liable to fine.
241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be
counterfeit.—Whoever delivers to any other person as genuine, or attempts to induce any other person to
receive as genuine, any counterfeit coin which he knows to be counterfeit, but which he did not know to
be counterfeit at the time when he took it into his possession, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine to an amount which may extend
to ten times the value of the coin counterfeited, or with both.
1. Subs. by the A. O. 1950, for “the Queen’s coin”.
2. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
3. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
Illustration
A, a coiner, delivers counterfeit Company’s rupees to his accomplice B, for the purpose of uttering
them. B sells the rupees to C, another utterer, who buys them knowing them to be counterfeit. C pays
away the rupees for goods to D, who receives them, not knowing them to be counterfeit. D, after
receiving the rupees, discovers that they are counterfeit and pays them away as if they were good. Here D
is punishable only under this section, but B and C are punishable under section 239 or 240, as the case
may be.
242. Possession of counterfeit coin by person who knew it to be counterfeit when he became
possessed thereof.—Whoever, fraudulently or with intent that fraud may be committed, is in possession
of counterfeit coin, having known at the time when he became possessed thereof that such coin was
counterfeit, shall be punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.
243. Possession of Indian coin by person who knew it to be counterfeit when he became
possessed thereof.—Whoever, fraudulently or with intent that fraud may be committed, is in possession
of counterfeit coin, which is a counterfeit of 1
[Indian coin], having known at the time when he became
possessed of it that it was counterfeit, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine.
244. Person employed in mint causing coin to be of different weight or composition from that
fixed by law.—Whoever, being employed in any mint lawfully established in 2
[India], does any act, or
omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of
a different weight or composition from the weight or composition fixed by law, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be liable to
fine.
245. Unlawfully taking coining instrument from mint.—Whoever, without lawful authority, takes
out of any mint, lawfully established in 2
[India], any coining tool or instrument, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be liable to
fine.
246. Fraudulently or dishonestly diminishing weight or altering composition of coin.—Whoever,
fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the
composition of that coin, shall be punished with imprisonment of either description for a term which may
extend to three years, and shall also be liable to fine.
Explanation.—A person who scoops out part of the coin and puts anything else into the cavity alters
the composition of the coin.
247. Fraudulently or dishonestly diminishing weight or altering composition of Indian coin.—
Whoever fraudulently or dishonestly performs on 3
[any Indian coin] any operation which diminishes the
weight or alters the composition of that coin, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine.
248. Altering appearance of coin with intent that it shall pass as coin of different description.—
Whoever performs on any coin any operation which alters the appearance of that coin, with the intention
that the said coin shall pass as a coin of a different description, shall be punished with imprisonment of
either description for a term which may extend to three years, and shall also be liable to fine.
1. Subs. by the A. O. 1950, for “the Queen’s coin”.
2. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
3. Subs. by the A. O. 1950, for “any of the Queen’s coin”.
249. Altering appearance of Indian coin with intent that it shall pass as coin of different
description.—Whoever performs on 1
[any Indian coin] any operation which alters the appearance of that
coin, with the intention that the said coin shall pass as a coin of a different description, shall be punished
with imprisonment of either description for a term which may extend to seven years, and shall also be
liable to fine.
250. Delivery of coin, possessed with knowledge that it is altered.—Whoever, having coin in his
possession with respect to which the offence defined in section 246 or 248 has been committed, and
having known at the time when he became possessed of such coin that such offence had been committed
with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other
person, or attempts to induce any other person to receive the same, shall be punished with imprisonment
of either description for a term which may extend to five years, and shall also be liable to fine.
251. Delivery of Indian coin, possessed with knowledge that it is altered.—Whoever, having coin
in his possession with respect to which the offence defined in section 247 or 249 has been committed, and
having known at the time when he became possessed of such coin that such offence had been committed
with respect to it, fraudulently or with intent that fraud may be committed, delivers such coin to any other
person, or attempts to induce any other person to receive the same, shall be punished with imprisonment
of either description for a term which may extend to ten years, and shall also be liable to fine.
252. Possession of coin by person who knew it to be altered when he became possessed
thereof.—Whoever fraudulently or with intent that fraud may be committed, is in possession of coin with
respect to which the offence defined in either of the section 246 or 248 has been committed, having
known at the time of becoming possessed thereof that such offence had been committed with respect to
such coin, shall be punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine.
253. Possession of Indian coin by person who knew it to be altered when he became possessed
thereof.—Whoever, fraudulently or with intent that fraud may be committed, is in possession of coin
with respect to which the offence defined in either of the section 247 or 249 has been committed having
known at the time of becoming possessed thereof, that such offence had been committed with respect to
such coin, shall be punished with imprisonment of either description for a term which may extend to five
years, and shall also be liable to fine.
254. Delivery of coin as genuine which, when first possessed, the deliverer did not know to be
altered.—Whoever delivers to any other person as genuine or as a coin of a different description from
what it is, or attempts to induce any person to receive as genuine, or as a different coin from what it is,
any coin in respect of which he knows that any such operation as that mentioned in sections 246, 247, 248
or 249 has been performed, but in respect of which he did not, at the time when he took it into his
possession, know that such operation had been performed, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine to an amount which may extend to ten
times the value of the coin for which the altered coin is passed, or attempted to be passed.
255. Counterfeiting Government stamp.—Whoever counterfeits, or knowingly performs any part
of the process of counterfeiting, any stamp issued by Government for the purpose of revenue shall be
punished with 2
[imprisonment for life] or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
Explanation.—A person commits this offence who counterfeits by causing a genuine stamps of one
denomination to appear like a genuine stamp of a different denomination.
256. Having possession of instrument or material for counterfeiting Government stamp.—
Whoever has in his possession any instrument or material for the purpose of being used, or knowing or
having reason to believe that it is intended to be used, for the purpose of counterfeiting any stamp issued
by Government for the purpose of revenue, shall be punished with imprisonment of either description for
a term which may extend to seven years, and shall also be liable to fine.
1. Subs. by the A. O. 1950, for “any of the Queen’s coin”.
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
257. Making or selling instrument for counterfeiting Government stamp.—Whoever makes or
performs any part of the process of making, or buys, or sells, or disposes or, any instrument for the
purpose of being used, or knowing or having reason to believe that it is intended to be used, for the
purpose of counterfeiting any stamp issued by Government for the purpose of revenue, shall be punished
with imprisonment of either description for a term which may extend to seven years, and shall also be
liable to fine.
258. Sale of counterfeit Government stamp.—Whoever sells, or offers for sale, any stamp which he
knows or has reason to believe to be a counterfeit of any stamp issued by Government for the purpose of
revenue, shall be punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
259. Having possession of counterfeit Government stamp.—Whoever has in his possession any
stamp which he knows to be a counterfeit of any stamp issued by Government for the purpose of revenue,
intending to use, or dispose of the same as a genuine stamp, or in order that it may be used as a genuine
stamp, shall be punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
260. Using as genuine a Government stamp known to be counterfeit.—Whoever uses as genuine
any stamp, knowing it to be a counterfeit of any stamp issued by Government for the purpose of revenue,
shall be punished with imprisonment of either description for a term which may extend to seven years, or
with fine, or with both.
261. Effacing writing from substance bearing Government stamp, or removing from document
a stamp used for it, with intent to cause loss to Government.—Whoever, fraudulently or with intent to
cause loss to the Government, removes or effaces from any substance, bearing any stamp issued by
Government for the purpose of revenue, any writing or document for which such stamp has been used, or
removes from any writing or document a stamp which has been used for such writing or document, in
order that such stamp may be used for a different writing or document, shall be punished with
imprisonment of either description for a term which may extend to three years, or with fine, or with both.
262. Using Government stamp known to have been before used.—Whoever, fraudulently or with
intent to cause loss to the Government, uses for any purpose a stamp issued by Government for the
purpose of revenue, which he knows to have been before used, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both.
263. Erasure of mark denoting that stamp has been used.—Whoever, fraudulently or with intent
to cause loss to Government, erases or removes from a stamp issued by Government for the purpose of
revenue, any mark, put or impressed upon such stamp for the purpose of denoting that the same has been
used, or knowingly has in his possession or sells or disposes of any such stamp from which such mark has
been erased or removed, or sells or disposes of any such stamp which he knows to have been used, shall
be punished with imprisonment of either description for a term which may extend to three years, or with
fine, or with both.
1
[263A. Prohibition of fictitious stamps.—(1) Whoever—
(a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any
postal purpose any fictitious stamp, or
(b) has in his possession, without lawful excuse, any fictitious stamp, or
(c) makes or, without lawful excuse, has in his possession any die, plate, instrument or materials
for making any fictitious stamp,
shall be punished with fine which may extend to two hundred rupees.
(2) Any such stamp, die, plate, instrument or materials in the possession of any person for making any
fictitious stamp 2
[may be seized and, if seized] shall be forfeited.
(3) In this section “fictitious stamp” means any stamp falsely purporting to be issued by Government
for the purpose of denoting a rate of postage, or any facsimile or imitation or representation, whether on
paper or otherwise, of any stamp issued by Government for that purpose.
1. Added by Act 3 of 1895, s. 2.
2. Subs. by Act 42 of 1953, s. 4 and the Third Sch., for “may be seized and”.
(4) In this section and also in sections 255 to 263, both inclusive, the word “Government”, when used in connection with, or in reference to any stamp issued for the purpose of denoting a rate of postage, shall, notwithstanding anything in section 17, be deemed to include the person or persons authorized by law to administer executive government in any part of India, and also in any part of Her Majesty’s dominions or in any foreign country.
OF OFFENCESRELATINGTO WEIGHTSAND MEASURES 264.
Fraudulent use of false instrument for weighing.—Whoever, fraudulently uses any instrument for weighing which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 265. Fraudulent use of false weight or measure.—Whoever, fraudulently uses any false weight or false measure of length or capacity, or fraudulently uses any weight or any measure of length or capacity as a different weight or measure from what it is, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 266. Being in possession of false weight or measure.—Whoever is in possession of any instrument for weighing, or of any weight, or of any measure of length or capacity, which he knows to be false, 1 *** intending that the same may be fraudulently used, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 267. Making or selling false weight or measure.—Whoever makes, sells or disposes of any instrument for weighing, or any weight, or any measure of length or capacity which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
OF OFFENCESAFFECTINGTHE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCYAND MORALS
268. Public nuisance.—A person is guilty of a public nuisance who does any act or is guilty of an
illegal omission which causes any common injury, danger or annoyance to the public or to the people in
general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction,
danger or annoyance to persons who may have occasion to use any public right.
A common nuisance is not excused on the ground that it causes some convenience or advantage.
269. Negligent act likely to spread infection of disease dangerous to life.—Whoever unlawfully or
negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the
infection of any disease dangerous to life, shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine, or with both.
270. Malignant act likely to spread infection of disease dangerous to life.—Whoever malignantly
does any act which is, and which he knows or has reason the believe to be, likely to spread the infection
of any disease dangerous to life, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
271. Disobedience to quarantine rule.—Whoever knowingly disobeys any rule made and
promulgated 2
[by the 3
*** Government 4
***] for putting any vessel into a state of quarantine, or for
regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, for
regulating the intercourse between places where an infectious disease prevails and other places, shall be
punished with imprisonment of either description for a term which may extend to six months, or with
fine, or with both.
272. Adulteration of food or drink intended for sale.—Whoever adulterates any article of food or
drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink,
1. The word “and” omitted by Act 42 of 1953, s. 4 and the Third Sch.
2. Subs. by the A. O. 1937, for “by the G. of I., or by any Government”.
3. The words “Central or any Provincial” omitted by the A. O. 1950.
4. The words “or the Crown Representative” omitted by the A. O. 1948.
or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment
of either description for a term which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
273. Sale of noxious food or drink.—Whoever sells, or offers or exposes for sale, as food or drink,
any article which has been rendered or has become noxious, or is in a state unfit for food or drink,
knowing or having reason to believe that the same is noxious as food or drink, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
274. Adulteration of drugs.—Whoever adulterates any drug or medical preparation in such a manner
as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it
noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used
for, any medicinal purpose, as if it had not undergone such adulteration, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
275. Sale of adulterated drugs.—Whoever, knowing any drug or medical preparation to have been
adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells
the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as
unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the
adulteration, shall be punished with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or with both.
276. Sale of drug as a different drug or preparation.—Whoever knowingly sells, or offers or
exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a
different drug or medical preparation, shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine which may extend to one thousand rupees, or with
both.
277. Fouling water of public spring or reservoir.—Whoever voluntarily corrupts or fouls the water
of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used,
shall be punished with imprisonment of either description for a term which may extend to three months,
or with fine which may extend to five hundred rupees, or with both.
278. Making atmosphere noxious to health.—Whoever voluntarily vitiates the atmosphere in any
place so as to make it noxious to the health of persons in general dwelling or carrying on business in the
neighbourhood or passing along a public way, shall be punished with fine which may extend to five
hundred rupees.
279. Rash driving or riding on a public way.—Whoever drives any vehicle, or rides, on any public
way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to
any other person, shall be punished with imprisonment of either description for a term which may extend
to six months, or with fine which may extend to one thousand rupees, or with both.
280. Rash navigation of vessel.—Whoever navigates any vessel in a manner so rash or negligent as
to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
281. Exhibition of false light, mark or buoy.—Whoever exhibits any false light, mark or buoy,
intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished
with imprisonment of either description for a term which may extend to seven years, or with fine, or with
both.
282. Conveying person by water for hire in unsafe or overloaded vessel.—Whoever knowingly or
negligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that
vessel is in such a state or so loaded as to endanger the life of that person, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
283. Danger or obstruction in public way or line of navigation.—Whoever, by doing any act, or
by omitting to take order with any property in his possession or under his charge, causes danger,
obstruction or injury to any person in any public way or public line of navigation, shall be punished, with
fine which may extend to two hundred rupees.
284. Negligent conduct with respect to poisonous substance.—Whoever does, with any poisonous
substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt
or injury to any person,
or knowingly or negligently omits to take such order with any poisonous substance in his possession
as is sufficient to guard against any probable danger to human life from such poisonous substance,
shall be punished with imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both.
285. Negligent conduct with respect to fire or combustible matter.—Whoever does, with fire or
any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to
cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any
fire or any combustible matter in his possession as is sufficient to guard against any probable danger to
human life from such fire or combustible matter,
shall be punished with imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both.
286. Negligent conduct with respect to explosive substance.—Whoever does, with any explosive
substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or
injury to any other person,
or knowingly or negligently omits to take such order with any explosive substance in his possession
as is sufficient to guard against any probable danger to human life from that substance,
shall be punished with imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both.
287. Negligent conduct with respect to machinery.—Whoever does, with any machinery, any act
so rashly or negligently as to endanger human life or to be likely to cause hurt or injury to any other
person,
or knowingly or negligently omits to take such order with any machinery in his possession or under
his care as is sufficient to guard against any probable danger to human life from such machinery,
shall be punished with imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both.
288. Negligent conduct with respect to pulling down or repairing buildings.—Whoever, in
pulling down or repairing any building, knowingly or negligently omits to take such order with that
building as is sufficient to guard against any probable danger to human life from the fall of that building,
or of any part thereof, shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand rupees, or with both.
289. Negligent conduct with respect to animal.—Whoever knowingly or negligently omits to take
such order with any animal in his possession as is sufficient to guard against any probable danger to
human life, or any probable danger of grievous hurt from such animal, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
290. Punishment for public nuisance in cases not otherwise provided for.—Whoever commits a
public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may
extend to two hundred rupees.
291. Continuance of nuisance after injunction to discontinue.—Whoever repeats or continues a
public nuisance, having been enjoined by any public servant who has lawful authority to issue such
injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term
which may extend to six months, or with fine, or with both.
1
[292. Sale, etc., of obscene books, etc.—2
[(1) For the purposes of sub-section (2), a book, pamphlet,
paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be
obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or
more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave
and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the
matter contained or embodied in it.]
3
[(2)] Whoever—
(a) sells, lets to hire, distributes, publicity exhibits or in any manner puts into circulation, or for
purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his
possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any
other obscene object whatsoever, or
(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing
or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited
or in any manner put into circulation, or
(c) takes part in or receives profits from any business in the course of which he knows or has
reason to believe that any such obscene objects are, for any of the purposes aforesaid, made,
produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put
into circulation, or
(d) advertises or makes known by any means whatsoever that any person is engaged or is ready to
engage in any act which is an offence under this section, or that any such obscene object can be
procured from or through any person, or
(e) offers or attempts to do any act which is an offence under this section,
shall be punished 4
[on first conviction with imprisonment of either description for a term which may
extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a
second or subsequent conviction, with imprisonment of either description for a term which may extend to
five years, and also with fine which may extend to five thousand rupees].
5 [Exception.—This section does not extend to— (a) any book, pamphlet, paper, writing, drawing, painting, representation or figure— (i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern, or (ii) which is kept or used bona fide for religious purposes; (b) any representation sculptured, engraved, painted or otherwise represented on or in— (i) any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or (ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.]] 6 [293. Sale, etc., of obscene objects to young person.—Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be punished 1 [on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to seven years, and also with fine which may extend to five thousand rupees].] 1. Subs. by Act 8 of 1925, s. 2, for s. 292. 2. Ins. by Act 36 of 1969, s. 2. 3. S. 292 renumbered as sub-section (2) thereof by s. 2, ibid. 4. Subs. s. 2, ibid., for certain words. 5. Subs. by s. 2, ibid., for Exception. 6. Subs. by Act 8 of 1925, s. 2, for section 293.
1
[294. Obscene acts and songs.—Whoever, to the annoyance of others,
(a) does any obscene act in any public place, or
(b) sings, recites or utters any obscene song, ballad or words, in or near any public place,
shall be punished with imprisonment of either description for a term which may extend to three months,
or with fine, or with both.]
2
[294A. Keeping lottery office.—Whoever keeps any office or place for the purpose of drawing any
lottery 3
[not being 4
[a State lottery] or a lottery authorised by the 5
[State] Government], shall be punished
punished with imprisonment of either description for a term which may extend to six months, or with
fine, or with both.
And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear
doing anything for the benefit of any person, on any event or contingency relative or applicable to the
drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may
extend to one thousand rupees.]
OF OFFENCESRELATING TO RELIGION
295. Injuring or defiling place of worship, with intent to insult the religion of any class.—
Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of
persons with the intention of thereby insulting the religion of any class of persons or with the knowledge
that any class of persons is likely to consider such destruction, damage or defilement as an insult to their
religion, shall be punished with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
6
[295A. Deliberate and malicious acts, intended to outrage religious feelings of any class by
insulting its religion or religious beliefs.—Whoever, with deliberate and malicious intention of
outraging the religious feelings of any class of 7
[citizens of India], 8
[by words, either spoken or written, or
or by signs or by visible representations or otherwise], insults or attempts to insult the religion or the
religious beliefs of that class, shall be punished with imprisonment of either description for a term which
may extend to 9
[three years], or with fine, or with both.]
296. Disturbing religious assembly.—Whoever voluntarily causes disturbance to any assembly
lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with
imprisonment of either description for a term which may extend to one year, or with fine, or with both.
297. Trespassing on burial places, etc.—Whoever, with the intention of wounding the feelings of
any person, or of insulting the religion of any person or with the knowledge that the feelings of any
person are likely to be wounded, or that the religion of any person is likely to be insulted thereby,
commits any trespass in any place of worship or on any place of sepulture, or any place set apart for
the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to
any human corpse, or causes disturbance to any persons assembled for the performance of funeral
ceremonies,
shall be punished with imprisonment of either description for a term which may extend to one year, or
with fine, or with both.
298. Uttering words, etc., with deliberate intent to wound religious feelings.—Whoever, with the
deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound
1. Subs. by Act 3 of 1895, s. 3, for section 294.
2. Ins. by Act 27 of 1870, s. 10.
3. Subs. by the A. O. 1937, for “not authorized by Government”.
4. Subs. by Act 3 of 1951, s. 3 and the Sch., for “a lottery organized by the Central Government or the Government of a Part A
State or a Part B State”.
5. Subs. by the A. O. 1950, for “Provincial”.
6. Ins. by Act 25 of 1927, s. 2.
7. Subs. by the A. O. 1950, for “His Majesty’s subjects”.
8. Subs. by Act 41 of 1961, s. 3, for certain words.
9. Subs. by s. 3, ibid., for “two years”.
in the hearing of that person or makes any gesture in the sight of that persons or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
OF OFFENCESAFFECTINGTHE HUMAN BODY
Of offences affecting life
299. Culpable homicide.—Whoever causes death by doing an act with the intention of causing
death, or with the intention of causing such bodily injury as is likely to cause death, or with the
knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.
Illustrations
(a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to
be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable
homicide.
(b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z’s death,
induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable
homicide.
(c) A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not knowing that he was there.
Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause
death by doing an act that he knew was likely to cause death.
Explanation 1.—A person who causes bodily injury to another who is labouring under a disorder,
disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused
his death.
Explanation 2.—Where death is caused by bodily injury, the person who causes such bodily injury
shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment
the death might have been prevented.
Explanation 3.—The causing of the death of a child in the mother’s womb is not homicide. But it may
amount to culpable homicide to cause the death of a living child, if any part of that child has been brought
forth, though the child may not have breathed or been completely born.
300. Murder.—Except in the cases hereinafter excepted, culpable homicide is murder, if the act by
which the death is caused is done with the intention of causing death, or—
2ndly.—If it is done with the intention of causing such bodily injury as the offender knows to be
likely to cause the death of the person to whom the harm is caused, or—
3rdly.—If it is done with the intention of causing bodily injury to any person and the bodily injury
intended to be inflicted is sufficient in the ordinary course of nature to cause death, or—
4thly.—If the person committing the act knows that it is so imminently dangerous that it must, in all
probability, cause death, or such bodily injury as is likely to cause death, and commits such act without
any excuse for incurring the risk of causing death or such injury as aforesaid.
Illustrations
(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder.
(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention
of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been
sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is
labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of
health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such
bodily injury as in the ordinary course of nature would cause death.
(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature.
Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Z’s death.
(d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder,
although he may not have had a premeditated design to kill any particular individual.
Exception 1.—When culpable homicide is not murder.—Culpable homicide is not murder if the
offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death
of the person who gave the provocation or causes the death of any other person by mistake or accident.
The above exception is subject to the following provisos:—
First.—That the provocation is not sought or voluntarily provoked by the offender as an excuse for
killing or doing harm to any person.
Secondly.—That the provocation is not given by anything done in obedience to the law, or by a public
servant in the lawful exercise of the powers of such public servant.
Thirdly.—That the provocation is not given by anything done in the lawful exercise of the right of
private defence.
Explanation.—Whether the provocation was grave and sudden enough to prevent the offence from
amounting to murder is a question of fact.
Illustrations
(a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Z’s child. This is murder,
inasmuch as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in
doing an act caused by the provocation.
(b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing
himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable
homicide.
(c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder,
inasmuch as the provocation was given by a thing done by a public servant in the exercise of his powers.
(d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of A’s deposition, and that A has
perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder.
(e)A attempts to pull Z’s nose. Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so.
A is moved to sudden and violent passion in consequence, and kills Z. This is murder, inasmuch as the provocation was giving by
a thing done in the exercise of the right of private defence.
(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B’s rage, and
to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z with the knife. Here B may have committed only
culpable homicide, but A is guilty of murder.
Exception 2.—Culpable homicide is not murder if the offender in the exercise in good faith of the
right of private defence of person or property, exceeds the power given to him by law and causes the
death of the person against whom he is exercising such right of defence without premeditation, and
without any intention of doing more harm than is necessary for the purpose of such defence.
Illustration
Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the
assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has
not committed murder, but only culpable homicide.
Exception 3.—Culpable homicide is not murder if the offender, being a public servant or aiding a
public servant acting for the advancement of public justice, exceeds the powers given to him by law, and
causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due
discharge of his duty as such public servant and without ill-will towards the person whose death is
caused.
Exception 4.—Culpable homicide is not murder if it is committed without premeditation in a sudden
fight in the heat of passion upon a sudden quarrel and without the offender’s having taken undue
advantage or acted in a cruel or unusual manner.
Explanation.—It is immaterial in such cases which party offers the provocation or commits the first
assault.
Exception 5.—Culpable homicide is not murder when the person whose death is caused, being above
the age of eighteen years, suffers death or takes the risk of death with his own consent.
Illustration
A, by instigation, voluntarily causes Z, a person under eighteen years of age to commit suicide. Here, on account of Z’s
youth, he was incapable of giving consent to his own death; A has therefore abetted murder.
301. Culpable homicide by causing death of person other than person whose death was
intended.—If a person, by doing anything which he intends or knows to be likely to cause death,
commits culpable homicide by causing the death of any person, whose death he neither intends nor knows
himself to be likely to cause, the culpable homicide committed by the offender is of the description of
which it would have been if he had caused the death of the person whose death he intended or knew
himself to he likely to cause.
302. Punishment for murder.—Whoever commits murder shall be punished with death or
1
[imprisonment for life], and shall also be liable to fine.
303. Punishment for murder by life-convict.—Whoever, being under sentence of 1
[imprisonment
for life], commits murder, shall be punished with death.
304. Punishment for culpable homicide not amounting to murder.—Whoever commits culpable
homicide not amounting to murder, shall be punished with 1
[imprisonment for life], or imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine, if the act by
which the death is caused is done with the intention of causing death, or of causing such bodily injury as
is likely to cause death;
or with imprisonment of either description for a term which may extend to ten years, or with fine, or
with both, if the act is done with the knowledge that it is likely to cause death, but without any intention
to cause death, or to cause such bodily injury as is likely to cause death.
2
[304A. Causing death by negligence.—Whoever causes the death of any person by doing any rash
or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.]
3
[304B. Dowry death.—(1) Where the death of a woman is caused by any burns or bodily injury or
occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that
soon before her death she was subjected to cruelty or harassment by her husband or any relative of her
husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and
such husband or relative shall be deemed to have caused her death.
Explanation.—For the purposes of this sub-section, “dowry” shall have the same meaning as in
section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be
less than seven years but which may extend to imprisonment for life.]
305. Abetment of suicide of child or insane person.—If any person under eighteen years of age,
any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits
suicide, whoever abets the commission of such suicide, shall be punished with death or 1
[imprisonment
for life], or imprisonment for a term not exceeding ten years, and shall also be liable to fine.
306. Abetment of suicide.—If any person commits suicide, whoever abets the commission of such
suicide, shall be punished with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
307. Attempt to murder.—Whoever does any act with such intention or knowledge, and under such
circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall also be liable to
fine; and if hurt is caused to any person by such act, the offender shall be liable either to 1
[imprisonment
for life], or to such punishment as is hereinbefore mentioned.
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. Ins. by Act 27 of 1870, s. 12.
3. Ins. by Act 43 of 1986, s. 10 (w.e.f. 19-11-1986).
Attempts by life-convicts.—1
[When any person offending under this section is under sentence of
1
[imprisonment for life], he may, if hurt is caused, be punished with death.]
Illustrations
(a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued A would be guilty of murder. A is
liable to punishment under this section.
(b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place A has committed the
offence defined by this section, though the death of the child does not ensue.
(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has
committed the offence defined in this section, and, if by such firing he wounds Z, he is liable to the punishment provided by the
latter part of 2
[the first paragraph of] this section.
(d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping; A
has not yet committed the offence defined in this section. A places the food on Z’s table or delivers it to Z’s servants to place it on
Z’s table. A has committed the offence defined in this section.
308. Attempt to commit culpable homicide.—Whoever does any act with such intention or
knowledge and under such circumstances that, if he by that act caused death, he would be guilty of
culpable homicide not amounting to murder, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person
by such act, shall be punished with imprisonment of either description for a term which may extend to
seven years, or with fine, or with both.
Illustration
A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he there by caused death he would
be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section.
309. Attempt to commit suicide.—Whoever attempts to commit suicide and does any act towards
the commission of such offence, shall be punished with simple imprisonment for a term which may
extend to one year 3
[or with fine, or with both.]
310. Thug.—Whoever, at any time after the passing of this Act, shall have been habitually associated
with any other or others for the purpose of committing robbery or child-stealing by means of or
accompanied with murder, is a thug.
311. Punishment.—Whoever is a thug, shall be punished with 4
[imprisonment for life], and shall also
be liable to fine.
Of the causing of miscarriage, of injuries to unborn children, of the exposure
Of infants, and of the concealment of births.
312. Causing miscarraige.—Whoever voluntarily causes a woman with child to miscarry, shall, if
such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished
with imprisonment of either description for a term which may extend to three years, or with fine, or with
both; and, if the woman be quick with child, shall be punished with imprisonment of either description for
a term which may extend to seven years, and shall also be liable to fine.
Explanation.—A woman who causes herself to miscarry, is within the meaning of this section.
313. Causing miscarriage without woman’s consent.—Whoever commits the offence defined in
the last preceding section without the consent of the woman, whether the woman is quick with child or
not, shall be punished with 4
[imprisonment for life], or with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
314. Death caused by act done with intent to cause miscarriage.—Whoever, with intent to cause
the miscarriage of a woman with child, does any act which causes the death of such woman, shall be
punished with imprisonment of either description for a term which may extend to ten years, and shall also
be liable to fine;
1. Added by Act 27 of 1870, s. 11.
2. Ins. by Act 12 of 1891, s. 2 and the Second Sch.
3. Subs. by Act 8 of 1882, s. 7, for “and shall also be liable to fine”.
4. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
if act done without woman’s consent.—and if the act is done without the consent of the woman,
shall be punished either with 1
[imprisonment for life], or with the punishment above mentioned.
Explanation.—It is not essential to this offence that the offender should know that the act is likely to
cause death.
315. Act done with intent to prevent child being born alive or to cause it to die after birth.—
Whoever before the birth of any child does any act with the intention of thereby preventing that child
from being born alive or causing it to die after its birth, and does by such act prevent that child from being
born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of
saving the life of the mother, be punished with imprisonment of either description for a term which may
extend to ten years, or with fine, or with both.
316. Causing death of quick unborn child by act amounting to culpable homicide.—Whoever
does any act under such circumstances, that if he thereby caused death he would be guilty of culpable
homicide, and does by such act cause the death of a quick unborn child, shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall also be liable to
fine.
Illustration
A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman,
would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which
she is pregnant is thereby caused. A is guilty of the offence defined in this section.
317. Exposure and abandonment of child under twelve years, by parent or person having care
of it.—Whoever being the father or mother of a child under the age of twelve years, or having the care of
such child, shall expose or leave such child in any place with the intention of wholly abandoning such
child, shall be punished with imprisonment of either description for a term which may extend to seven
years, or with fine, or with both.
Explanation.—This section is not intended to prevent the trial of the offender for murder or culpable
homicide, as the case may be, if the child die in consequence of the exposure.
318. Concealment of birth by secret disposal of dead body.—Whoever, by secretly burying or
otherwise disposing of the dead body of a child whether such child die before or after or during its birth,
intentionally conceals or endeavors to conceal the birth of such child, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Of Hurt
319. Hurt.—Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.
320. Grievous hurt.—The following kinds of hurt only are designated as “grievous”:—
First.—Emasculation.
Secondly.—Permanent privation of the sight of either eye.
Thirdly.—Permanent privation of the hearing of either ear.
Fourthly.—Privation of any member or joint.
Fifthly.—Destruction or permanent impairing of the powers of any member or joint.
Sixthly.—Permanent disfiguration of the head or face.
Seventhly.—Fracture or dislocation of a bone or tooth.
Eighthly.—Any hurt which endangers life or which causes the sufferer to be during the space of
twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
321. Voluntarily causing hurt.—Whoever does any act with the intention of thereby causing hurt to
any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby
cause hurt to any person, is said “voluntarily to cause hurt”.
322. Voluntarily causing grievous hurt.—Whoever voluntarily causes hurt, if the hurt which he
intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is
grievous hurt, is said “voluntarily to cause grievous hurt”.
Explanation.—A person is not said voluntarily to cause grievous hurt except when he both causes
grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily
to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he
actually causes grievous hurt of another kind.
Illustration
A, intending of knowing himself to be likely permanently to disfigure Z’s face, gives Z a blow which does not permanently
disfigure Z’s face, but which causes Z to suffer severe bodily pain for the space of twenty days. A has voluntarily caused grievous
hurt.
323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by
section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term
which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
324. Voluntarily causing hurt by dangerous weapons or means.—Whoever, except in the case
provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or
cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire
or any heated substance, or by means of any poison or any corrosive substance, or by means of any
explosive substance or by means of any substance which it is deleterious to the human body to inhale, to
swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of
either description for a term which may extend to three years, or with fine, or with both.
325. Punishment for voluntarily causing grievous hurt.—Whoever, except in the case provided for
by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine.
scription for a term which may extend to seven years, and shall also be liable to fine.
326. Voluntarily causing grievous hurt by dangerous weapons or means.—Whoever, except in
the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for
shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause
death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance,
or by means of any explosive substance, or by means of any substance which it is deleterious to the
human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be
punished with 1
[imprisonment for life], or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
2
[326A. Voluntarily causing grievous hurt by use of acid, etc.—Whoever causes permanent or
partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body
of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by
using any other means with the intention of causing or with the knowledge that he is likely to cause such
injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less
than ten years but which may extend to imprisonment for life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of
the victim:
Provided further that any fine imposed under this section shall be paid to the victim.
326B. Voluntarily throwing or attempting to throw acid.—Whoever throws or attempts to throw
acid on any person or attempts to administer acid to any person, or attempts to use any other means, with
the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement
or disability or grievous hurt to that person, shall be punished with imprisonment of either description for
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. Ins. by Act 13 of 2013, s. 5 (w.e.f. 3-2-2013).
a term which shall not be less than five years but which may extend to seven years, and shall also be
liable to fine.
Explanation 1.—For the purposes of section 326A and this section, “acid” includes any substance
which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading
to scars or disfigurement or temporary or permanent disability.
Explanation 2.—For the purposes of section 326A and this section, permanent or partial damage or
deformity shall not be required to be irreversible.]
327. Voluntarily causing hurt to extort property, or to constrain to an illegal to an act.—
Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person
interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person
interested in such sufferer to do anything which is illegal or which may facilitate the commission of an
offence, shall be punished with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
328. Causing hurt by means of poison, etc., with intent to commit and offence.—Whoever
administers to or causes to be taken by any person any poison or any stupefying, intoxicating or
unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to
facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be
punished with imprisonment of either description for a term which may extend to ten years, and shall also
be liable to fine.
329. Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act.—
Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any
person interested in the sufferer any property or valuable security, or of constraining the sufferer or any
person interested in such sufferer to do anything that is illegal or which may facilitate the commission of
an offence, shall be punished with 1
[imprisonment for life], or imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.
330. Voluntarily causing hurt to extort confession, or to compel restoration of property.—
Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer or from any person
interested in the sufferer, any confession or any information which may lead to the detection of an offence
or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to
restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand,
or to give information which may lead to the restoration of any property or valuable security, shall be
punished with imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine.
Illustrations
(a) A, a police-officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under
this section.
(b) A, a police-officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an
offence under this section.
(c) A, a revenue officer, tortures z in order to compel him to pay certain arrears of revenue due from Z. A is guilty of an
offence under this section.
(d) A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty of an offence under this section.
331. Voluntarily causing grievous hurt to extort confession, or to compel restoration of
property.—Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or
from any person interested in the sufferer any confession or any information which may lead to the
detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person
interested in the sufferer to restore or to cause the restoration of any property or valuable security, or to
satisfy any claim or demand or to give information which may lead to the restoration of any property or
valuable security, shall be punished with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
332. Voluntarily causing hurt to deter public servant from his duty.—Whoever voluntarily causes
hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent
to prevent or deter that person or any other public servant from discharging his duty as such public
servant or in consequence of anything done or attempted to be done by that person in the lawful discharge
of his duty as such public servant, shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both.
333. Voluntarily causing grievous hurt to deter public servant from his duty.—Whoever
voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such
public servant, or with intent to prevent or deter that person or any other public servant from discharging
his duty as such public servant, or in consequence of anything done or attempted to be done by that
person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine.
334. Voluntarily causing hurt on provocation.—Whoever voluntarily causes hurt on grave and
sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other
than the person who gave the provocation, shall be punished with imprisonment of either description for a
term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.
335. Voluntarily causing grievous hurt on provocation.—Whoever 1
[voluntarily] causes grievous
hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause
grievous hurt to any person other than the person who gave the provocation, shall be punished with
imprisonment of either description for a term which may extend to four years, or with fine which may
extend to two thousand rupees, or with both.
Explanation.—The last two sections are subject to the same provisos as Exception 1, section 300.
336. Act endangering life or personal safety of others.—Whoever does any act so rashly or
negligently as to endanger human life or the personal safety of others, shall be punished with
imprisonment of either description for a term which may extend to three months or with fine which may
extend to two hundred and fifty rupees, or with both.
337. Causing hurt by act endangering life or personal safety of others.—Whoever causes hurt to
any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of
others, shall be punished with imprisonment of either description for a term which may extend to six
months, or with fine which may extend to five hundred rupees, or with both.
338. Causing grievous hurt by act endangering life or personal safety of others.—Whoever
causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or
the personal safety of others, shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine which may extend to one thousand rupees, or with both.
Of wrongful restraint and wrongful confinement
339. Wrongful restraint.—Whoever voluntarily obstructs any person so as to prevent that person
from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain
that person.
Exception.—The obstruction of a private way over land or water which a person in good faith
believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.
Illustration
A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is
thereby prevented from passing. A wrongfully restrains Z.
340. Wrongful confinement.—Whoever wrongfully restrains any person in such a manner as to
prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to
confine” that person.
1. Ins. by Act 8 of 1882, s. 8.
Illustrations
(a) A causes Z to go within a walled space, and locks Z in Z is thus prevented from proceeding in any
direction beyond the circumscribing line of wall. A wrongfully confines Z.
(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z
attempts leave the building. A wrongfully confines Z.
341. Punishment for wrongful restraint.—Whoever wrongfully restrains any person shall be
punished with simple imprisonment for a term which may extend to one month, or with fine which may
extend to five hundred rupees, or with both.
342. Punishment for wrongful confinement.—Whoever wrongfully confines any person shall be
punished with imprisonment of either description for a term which may extend to one year, or with fine
which may extend to one thousand rupees, or with both.
343. Wrongful confinement for three or more days.—Whoever wrongfully confines any person for
three days, or more, shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
344. Wrongful confinement for ten or more days.—Whoever wrongfully confines any person for
ten days, or more, shall be punished with imprisonment of either description for a term which may extend
to three years, and shall also be liable to fine.
345. Wrongful confinement of person for whose liberation writ has been issued.—Whoever
keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been
duly issued, shall be punished with imprisonment of either description for a term which may extend to
two years in addition to any term of imprisonment to which he may be liable under any other section of
this Chapter.
346. Wrongful confinement in secret.—Whoever wrongfully confines any person in such manner as
to indicate an intention that the confinement of such person may not be known to any person interested in
the person so confined, or to any public servant, or that the place of such confinement may not be known
to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with
imprisonment of either description for a term which may extend to two years in addition to any other
punishment to which he may be liable for such wrongful confinement.
347. Wrongful confinement to extort property, or constrain to illegal act.—Whoever wrongfully
confines any person for the purpose of extorting from the person confined, or from any person interested
in the person confined, any property or valuable security or of constraining the person confined or any
person interested in such person to do anything illegal or to give any information which may facilitate the
commission of an offence, shall be punished with imprisonment of either description for a term which
may extend to three years, and shall also be liable to fine.
348. Wrongful confinement to extort confession, or compel restoration of property.—Whoever
wrongfully confines any person for the purpose of extorting from the person confined or any person
interested in the person confined any confession or any information which may lead to the detection of an
offence or misconduct, or for the purpose of constraining the person confined or any person interested in
the person confined to restore or to cause the restoration of any property or valuable security or to satisfy
any claim or demand, or to give information which may lead to the restoration of any property or valuable
security, shall be punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine.
Of Criminal Force and Assault
349. Force.—A person is said to use force to another if he causes motion, change of motion, or
cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or
cessation of motion as brings that substance into contact with any part of that other’s body, or with
anything which that other is wearing or carrying, or with anything so situated that such contact affects that
other’s sense of feeling: Provided that the person causing the motion, or change of motion, or cessation of
motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter
described:
First.—By his own bodily power.
Secondly.—By disposing any substance in such a manner that the motion or change or cessation of
motion takes place without any further act on his part, or on the part of any other person.
Thirdly.—By inducing any animal to move, to change its motion, or to cease to move.
350. Criminal force.—Whoever intentionally uses force to any person, without that person’s consent,
in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to
be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the
force is used, is said to use criminal force to that other.
Illustrations
(a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the
stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is
produced without any other action on any person’s part. A has therefore intentionally used force to Z; and if he has done so
without Z’s consent, in order to the committing of any offence, or intending or knowing it to be likely that this use of force will
cause injury, fear or annoyance to Z, A has used criminal force to Z.
(b) Z is riding in a chariot. A lashes Z’s horses, and thereby causes them to quicken their pace. Here A has caused change of
motion to Z by inducing the animals to change their motion. A has therefore used force to Z; and if A has done this without Z’s
consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z.
(c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here A has caused cessation of
motion to Z, and he has done this by his own bodily power. A has therefore used force to Z; and as A has acted thus intentionally,
without Z’s consent, in order to the commission of an offence. A has used criminal force to Z.
(d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring
it into contact with Z. He has therefore intentionally used force to Z; and if he has done so without Z’s consent, intending or
knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z.
(e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z’s
clothes, or with something carried by Z, or that it will strike water and dash up the water against Z’s clothes or something carried
by Z. Here, if the throwing of the stone produce the effect of causing any substance to come into contact with Z, or Z’s clothes, A
has used force to Z, and if he did so without Z’s consent, intending thereby to injure, frighten or annoy Z, he has used criminal
force to Z.
(f) A intentionally pulls up a Woman’s veil. Here A intentionally uses force to her, and if he does so without her consent
intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her.
(g) Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally by his own bodily power
causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact
must affect Z’s sense of feeling; A has therefore intentionally used force to Z; and if he has done this without Z’s consent
intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force.
(h) A incites a dog to spring upon Z, without Z’s consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses
criminal force to Z.
351. Assault.—Whoever makes any gesture, or any preparation intending or knowing it to be likely
that such gesture or preparation will cause any person present to apprehend that he who makes that
gesture or preparation is about to use criminal force to that person, is said to commit an assault.
Explanation.—Mere words do not amount to an assault. But the words which a person uses may give
to his gestures or preparation such a meaning as may make those gestures or preparations amount to an
assault.
Illustrations
(a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike
Z. A has committed an assault.
(b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to
believe that he is about to cause the dog to attack Z. A has committed an assault upon Z.
(c) A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words used by A could in no case amount to
an assault, and though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault,the gesture
explained by the words may amount to an assault.
352. Punishment for assault or criminal force otherwise than on grave provocation.—Whoever
assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by
that person, shall be punished with imprisonment of either description for a term which may extend to
three months, or with fine which may extend to five hundred rupees, or with both.
Explanation.—Grave and sudden provocation will not mitigate the punishment for an offence under
this section, if the provocation is sought or voluntarily provoked by the offender as an excuse for the
offence, or
if the provocation is given by anything done in obedience to the law, or by a public servant, in the
lawful exercise of the powers of such public servant, or
if the provocation is given by anything done in the lawful exercise of the right of private defence.
Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact.
353. Assault or criminal force to deter public servant from discharge of his duty.—Whoever
assaults or uses criminal force to any person being a public servant in the execution of his duty as such
public servant, or with intent to prevent or deter that person from discharging his duty as such public
servant, or in consequence of anything done or attempted to be done by such person to the lawful
discharge of his duty as such public servant, shall be punished with imprisonment of either description for
a term which may extend to two years, or with fine, or with both.
354. Assault or criminal force to woman with intent to outrage her modesty.—Whoever assaults
or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by
outrage her modesty, 1
[shall be punished with imprisonment of either description for a term which shall not be less
than one year but which may extend to five years, and shall also be liable to fine].
2
[354A. Sexual harassment and punishment for sexual harassment.—(1) Aman committing any
of the following acts—
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks,
shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of
sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years,
or with fine, or with both.
(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished
with imprisonment of either description for a term which may extend to one year, or with fine, or with
both.
354B. Assault or use of criminal force to woman with intent to disrobe.—Any man who assaults
or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to
be naked, shall be punished with imprisonment of either description for a term which shall not be less
than three years but which may extend to seven years, and shall also be liable to fine.
354C. Voyeurism.—Any man who watches, or captures the image of a woman engaging in a private
act in circumstances where she would usually have the expectation of not being observed either by the
perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be
punished on first conviction with imprisonment of either description for a term which shall not be less
than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a
second or subsequent conviction, with imprisonment of either description for a term which shall not be
less than three years, but which may extend to seven years, and shall also be liable to fine.
Explanation 1.—For the purpose of this section, “private act” includes an act of watching carried out
in a place which, in the circumstances, would reasonably be expected to provide privacy and where the
victim’s genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a
lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.
1. Subs. by Act 13 of 2013, s. 6, for “shall be punished with imprisonment of either description for a term which may extend to two years, or
with fine, or with both” (w.e.f. 3-2-2013).
2. Ins. by s. 7, ibid. (w.e.f. 3-2-2013).
Explanation 2.—Where the victim consents to the capture of the images or any act, but not to their
dissemination to third persons and where such image or act is disseminated, such dissemination shall be
considered an offence under this section.
354D. Stalking.—(1) Any man who—
(i) follows a woman and contacts, or attempts to contact such woman to foster personal
interaction repeatedly despite a clear indication of disinterest by such woman; or
(ii) monitors the use by a woman of the internet, email or any other form of electronic
communication,
commits the offence of stalking:
Provided that such conduct shall not amount to stalking if the man who pursued it proves that—
(i) it was pursued for the purpose of preventing or detecting crime and the man accused of
stalking had been entrusted with the responsibility of prevention and detection of crime by the
State; or
(ii) it was pursued under any law or to comply with any condition or requirement imposed by
any person under any law; or
(iii) in the particular circumstances such conduct was reasonable and justified.
(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment
of either description for a term which may extend to three years, and shall also be liable to fine; and be
punished on a second or subsequent conviction, with imprisonment of either description for a term which
may extend to five years, and shall also be liable to fine.]
355. Assault or criminal force with intent to dishonour person, otherwise than on grave
provocation. —Whoever assaults or uses criminal force to any person, intending thereby to dishonour
that person, otherwise than on grave and sudden provocation given by that person, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both.
356. Assault or criminal force in attempt to commit theft of property carried by a person.—
Whoever assaults or uses criminal force to any person, in attempting to commit theft on any property
which that person is then wearing or carrying, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
357. Assault or criminal force in attempt wrongfully to confine a person.—Whoever assaults or
uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with
imprisonment of either description for a term which may extend to one year, or with fine which may
extend to one thousand rupees, or with both.
358. Assault or criminal force on grave provocation.—Whoever assaults or uses criminal force to
any person on grave and sudden provocation given by that person, shall be punished with simple
imprisonment for a term which may extend to one month, or with fine which may extend to two hundred
rupees, or with both.
Explanation.—The last section is subject to the same Explanation as section 352.
Of Kidnapping, Abduction, Slavery and Forced Labour
359. Kidnapping.—Kidnapping is of two kinds: kidnapping from 1
[India], and kidnapping from
lawful guardianship.
360. Kidnapping from India.—Whoever conveys any person beyond the limits of 1
[India] without
the consent of that person, or of some person legally authorised to consent on behalf of that person, is said
to kidnap that person from 1
[India].
361. Kidnapping from lawful guardianship.—Whoever takes or entices any minor under 2
[sixteen]
years of age if a male, or under 3
[eighteen] years of age if a female, or any person of unsound mind, out of
the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such
guardian, is said to kidnap such minor or person from lawful guardianship.
1. The words “British India” have successively been subs. by the A. O. 1948, the A. O. 1950 and Act 3 of 1951, s. 3 and the Sch.,
to read as above.
2. Subs. by Act 42 of 1949, s. 2, for “fourteen”.
3. Subs. by s. 2, ibid., for “sixteen”.
