Training 3

OF OFFENCESAGAINST PROPERTY
Of Theft

378. Theft.—Whoever, intending to take dishonestly any movable property out of the possession of
any person without that person’s consent, moves that property in order to such taking, is said to commit
theft.

Explanation 1.—A thing so long as it is attached to the earth, not being movable property, is not the
subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.

Explanation 2.—A moving effected by the same act which effects the severance may be a theft.

Explanation 3.—A person is said to cause a thing to move by removing an obstacle which prevented
it from moving or by separating it from any other thing, as well as by actually moving it.

Explanation 4.—A person, who by any means causes an animal to move, is said to move that animal,
and to move everything which, in consequence of the motion so caused, is moved by that animal.

Explanation 5.—The consent mentioned in the definition may be express or implied, and may be
given either by the person in possession, or by any person having for that purpose authority either express
or implied.
Illustrations
(a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s possession without Z’s
consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft.
(b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A’s intention be dishonestly to take the
dog out of Z’s possession without Z’s consent, A has committed theft as soon as Z’s dog has begun to follow A.
(c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may
dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure.
(d) A being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly runs away with the plate, without Z’s
consent. A has committed theft.
(e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries the plate to a
goldsmith and sells it. Here the plate was not in Z’s possession. It could not therefore be taken out of Z’s possession, and A has
not committed theft, though he may have committed criminal breach of trust.
(f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s possession, and if A
dishonestly removes it, A commits theft.
(g) A finds a ring lying on the highroad, not in the possession of any person. A, by taking it, commits no theft, though he
may commit criminal misappropriation of property.
(h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the ring immediately for fear
of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the

1. Subs. by Act 22 of 2018, s. 7, for “section 376D” (w.e.f. 21-4-2018).

2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956)intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the
ring, commits theft.

(i) A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop. A, not owing to the jeweller any debt for
which the jeweller might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z’s hand,
and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, inasmuch as
what he did was not done dishonestly.

(j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes
the watch out of Z’s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft,
inasmuch as he takes it dishonestly.

(k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not having paid what he
borrowed on the watch, he commits theft, though the watch is his own property inasmuch as he takes it dishonestly.

(l) A takes an article belonging to Z out of Z’s possession without Z’s consent, with the intention of keeping it until he
obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has therefor committed theft.

(m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express
consent for the purpose merely of reading it, and with the intention of returning it. Here, it is probable that A may have conceived
that he had Z’s implied consent to use Z’s book. If this was A’s impression, A has not committed theft.

(n) A asks charity from Z’s wife. She gives A money, food and clothes, which A knows to belong to Z her husband. Here it
is probable that A may conceive that Z’s wife is authorised to give away alms. If this was A’s impression, A has not committed
theft.

(o) A is the paramour of Z’s wife. She gives a valuable property, which A knows to belong to her husband Z, and to be such
property as she has not authority from Z to give. If A takes the property dishonestly, he commits theft.

(p) A, in good faith, believing property belonging to Z to be A’s own property, takes that property out of B’s possession.

Here, as A does not take dishonestly, he does not commit theft.

379. Punishment for theft.—Whoever commits theft shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with both.

380. Theft in dwelling house, etc.—Whoever commits theft in any building, tent or vessel, which
building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished
with imprisonment of either description for a term which may extend to seven years, and shall also be
liable to fine.

381. Theft by clerk or servant of property in possession of master.—Whoever, being a clerk or
servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property
in the possession of his master or employer, shall be punished with imprisonment of either description for
a term which may extend to seven years, and shall also be liable to fine.

382. Theft after preparation made for causing death, hurt or restraint in order to the
committing of the theft.—Whoever commits theft, having made preparation for causing death, or hurt,
or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such
theft, or in order to the effecting of his escape after the committing of such theft, or in order to the
retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which
may extend to ten years, and shall also be liable to fine.

Illustrations
(a) A commits theft on property in Z’s possession; and while committing this theft, he has a loaded pistol under his garment,
having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this
section.

(b) A picks Z’s pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should
perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section.
Of Extortion.

383. Extortion.—Whoever intentionally puts any person in fear of any injury to that person, or to any
other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or
valuable security or anything signed or sealed which may be converted into a valuable security, commits
“extortion”.
Illustrations
(a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money.
A has committed extortion.

(b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A a promissory note
binding Z to pay certain monies to A. Z sings and delivers the note. A has committed extortion.

(c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B a bond binding Z under a penalty
to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion.

(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to
A. Z sings and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed
extortion.

384. Punishment for extortion.—Whoever commits extortion shall be punished with imprisonment
of either description for a term which may extend to three years, or with fine, or with both.
385. Putting person in fear of injury in order to commit extortion.—Whoever, in order to the
committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall
be punished with imprisonment of either description for a term which may extend to two years, or with
fine, or with both.

386. Extortion by putting a person in fear of death or grievous hurt.—Whoever commits
extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be
punished with imprisonment of either description for a term which may extend to ten years, and shall also
be liable to fine.

387. Putting person in fear of death or of grievous hurt, in order to commit extortion.—
Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of
grievous hurt to that person or to any other, shall be punished with imprisonment of either description for
a term which may extend to seven years, and shall also be liable to fine.

388. Extortion by threat of accusation of an offence punishable with death or imprisonment for
life, etc.—Whoever commits extortion by putting any person in fear of an accusation against that person
or any other, of having committed or attempted to commit any offence punishable with death, or with
1
[imprisonment for life], or with imprisonment for a term which may extend to ten years, or of having
attempted to induce any other person to commit such 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; and, if the
offence be one punishable under section

377 of this Code, may be punished with 1
[imprisonment for life].
389. Putting person in fear or accusation of offence, in order to commit extortion.—Whoever, in
order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against
that person or any other, of having committed, or attempted to commit, an offence punishable with death
or with 1
[imprisonment for life], or with 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 ten years, and shall also
be liable to fine; and, if the offence be punishable under section 377 of this Code, may be punished with
1
[imprisonment for life].
Of Robbery and Dacoity
390. Robbery.—In all robbery there is either theft or extortion.
When theft is robbery.—Theft is “robbery” if, in order to the committing of the theft, or in
committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the
offender, for that end voluntarily causes or attempts to cause to any person death or hurt or wrongful
restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.
When extortion is robbery.—Extortion is “robbery” if the offender, at the time of committing the
extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in
fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person,
and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.
Explanation.—The offender is said to be present if he is sufficiently near to put the other person in
fear of instant death, of instant hurt, or of instant wrongful restraint.

1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
91
Illustrations
(a) A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, without Z’s consent. Here A has
committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore
committed robbery.

(b) A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in consequence, surrenders his purse. Here A has
extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence.
A has therefore committed robbery.

(c) A meets Z and Z’s child on the high road. A takes the child, and threatens to filing it down a precipice, unless Z delivers
his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to
the child who is there present. A has therefore committed robbery on Z.

(d) A obtains property from Z by saying “Your child is in the hands of my gang, and will be put to death unless you send us
ten thousand rupees”. This is extortion, and punishable as such: but it is not robbery, unless Z is put in fear of the instant death of
his child.

391. Dacoity.—When five or more persons conjointly commit or attempt to commit a robbery, or
where the whole number of persons conjointly committing or attempting to commit a robbery, and
persons present and aiding such commission or attempt, amount to five or more, every person so
committing, attempting or aiding, is said to commit “dacoity”.

392. Punishment for robbery.—Whoever commits robbery shall be punished with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery
be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen
years.

393. Attempt to commit robbery.—Whoever attempts to commit robbery shall be punished with
rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

394. Voluntarily causing hurt in committing robbery.—If any person, in committing or in
attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly
concerned in committing or attempting to commit such robbery, shall be punished with 1
[imprisonment
for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable
to fine.

395. Punishment for dacoity.—Whoever commits dacoity shall be punished with 1
[imprisonment for
life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to
fine.

396. Dacoity with murder.—If any one of five or more persons, who are conjointly committing
dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with
death, or 1
[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years,
and shall also be liable to fine.

397. Robbery, or dacoity, with attempt to cause death or grievous hurt.—If, at the time of
committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any
person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such
offender shall be punished shall not be less than seven years.

398. Attempt to commit robbery or dacoity when armed with deadly weapon.—If, at the time of
attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the
imprisonment with which such offender shall be punished shall not be less than seven years.
399. Making preparation to commit dacoity.—Whoever makes any preparation for committing
dacoity, shall be punished with rigorous imprisonment 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).
92
400. Punishment for belonging to gang of dacoits.—Whoever, at any time after the passing of this
Act, shall belong to a gang of persons associated for the purpose of habitually committing dacoity, shall
be punished with

400. Punishment for belonging to gang of dacoits.—Whoever, at any time after the passing of this
Act, shall belong to a gang of persons associated for the purpose of habitually committing dacoity, shall
be punished with 1
[imprisonment for life], or with rigorous imprisonment for a term which may extend to
ten years, and shall also be liable to fine.
401. Punishment for belonging to gang of thieves.—Whoever, at any time after the passing of this
Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually
committing theft or robbery, and not being a gang of thugs or dacoits, shall be punished with rigorous
imprisonment for a term which may extend to seven years, and shall also be liable to fine.
402. Assembling for purpose of committing dacoity.—Whoever, at any time after the passing of
this Act, shall be one of five or more persons assembled for the purpose of committing dacoity, shall be
punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable
to fine.
Of Criminal Misappropriation of Property
403. Dishonest misappropriation of property.—Whoever dishonestly misappropriates or converts
to his own use any movable property, shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
Illustrations
(a) A takes property belonging to Z out of Z’s possession, in good faith believing at the time when he takes it, that the
property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property
to his own use, he is guilty of an offence under this section.
(b) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express
consent. Here, if A was under the impression that he had Z’s implied consent to take the book for the purpose of reading it, A has
not committed theft. But, if A afterwards sells the book for his own benefit, he is guilty of an offence under this section.
(c) A and B, being, joint owners of a horse, A takes the horse out of B’s possession, intending to use it. Here, as A has a right
to use the horse, he does not dishonestly misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his
own use, he is guilty of an offence under this section.
Explanation 1.—A dishonest misappropriation for a time only is a misappropriation with the meaning
of this section.
Illustration
A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z,
pledges it with a banker as a security or a loan, intending at a future time to restore it to Z. A has committed an offence under this
section.
Explanation 2.—A person who finds property not in the possession of any other person, and takes
such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or
misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined,
if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before
he has used reasonable means to discover and give notice to the owner and has kept the property a
reasonable time to enable the owner to claim it.
What are reasonable means or what is a reasonable time in such a case, is a question of fact.
It is not necessary that the finder should know who is the owner of the property, or that any particular
person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his
own property, or in good faith believe that the real owner cannot be found.
Illustrations
(a) A finds a rupee on the high road, not knowing to whom the rupee belongs, A picks up the rupee. Here A has not
committed the offence defined in this section.
(b) A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whom the
note belongs. He appropriates the note. He is guilty of an offence under this section.

1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
93
(c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of
the person, who has drawn the cheque, appears. A knows that this person can direct him to the person in whose favour the cheque
was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section.
(d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards
appropriates it to his own use. A has committed an offence under this section.
(e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and
appropriates it to his own use. A is guilty of an offence under this section.
(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the
owner. A is guilty of an offence under this section.
404. Dishonest misappropriation of property possessed by deceased person at the time of his
death.—Whoever dishonestly misappropriates or converts to his own use property, knowing that such
property was in the possession of a deceased person at the time of that person’s decease, and has not since
been in the possession of any person legally entitled to such possession, 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 offender at the time of such person’s decease was employed by him as a clerk or servant,
the imprisonment may extend to seven years.
Illustration
Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person
entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section.
Of Criminal Breach of Trust
405. Criminal breach of trust.—Whoever, being in any manner entrusted with property, or with any
dominion over property, dishonestly misappropriates or converts to his own use that property, or
dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in
which such trust is to be discharged, or of any legal contract, express or implied, which he has made
touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal
breach of trust”.
1
[
2
[Explanation 1].—A person, being an employer 3
[of an establishment whether exempted under
section 17 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) or
not] who deducts the employee’s contribution from the wages payable to the employee for credit to a
Provident Fund or Family Pension Fund established by any law for the time being in force, shall be
deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes
default in the payment of such contribution to the said Fund in violation of the said law, shall be deemed
to have dishonestly used the amount of the said contribution in violation of a direction of law as
aforesaid.]
4
[Explanation 2.—A person, being an employer, who deducts the employees’ contribution from the
wages payable to the employee for credit to the Employees’ State Insurance Fund held and administered
by the Employees’ State Insurance Corporation established under the Employees’ State Insurance Act,
1948 (34 of 1948), shall be deemed to have been entrusted with the amount of the contribution so
deducted by him and if he makes default in the payment of such contribution to the said Fund in violation
of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation
of a direction of law as aforesaid.]
Illustrations
(a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects
according to the will, and appropriates them to his own use. A has committed criminal breach of trust.
(b) A is a warehouse-keeper. Z going on a journey, entrusts his furniture to A, under a contract that it shall be returned on
payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A has committed criminal breach of trust.

1. Ins. by Act 40 of 1973, s. 9 (w.e.f. 1-11-1973).
2. Explanation numbered as Explanation 1 by Act 38 of 1975, s. 9 (w.e.f. 1-9-1975).
3. Ins. by Act 33 of 1988, s. 27 (w.e.f. 1-8-1988).
4. Ins. by Act 38 of 1975, s. 9 (w.e.f. 1-9-1975).
94
(c) A, residing in Calcutta, is agent for Z, residing at Delhi. There is an express or implied contract between A and Z, that all
sums remitted by Z to A shall be invested by A, according to Z’s direction. Z remits a lakh of rupees to A, with directions to A to
invest the same in Company’s paper. A dishonestly disobeys the directions and employs the money in his own business. A has
committed criminal breach of trust.
(d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z’s advantage to hold
shares in the Bank of Bengal, disobeys Z’s directions, and buys shares in the Bank of Bengal, for Z, instead of buying Company’s
paper, here, thought Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A,
not having acted dishonestly, has not committed criminal breach of trust.
(e) A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a contract, express or
implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the
money. A has committed criminal breach of trust.
(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property.
A has committed criminal breach of trust.
406. Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be
punished with imprisonment of either description for a term which may extend to three years, or with
fine, or with both.
407. Criminal breach of trust by carrier, etc.—Whoever, being entrusted with property as a carrier,
wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be
punished with imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine.
408. Criminal breach of trust by clerk or servant.—Whoever, being a clerk or servant or employed
as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any
dominion over property, commits criminal breach of trust in respect of that property, shall be punished
with imprisonment of either description for a term which may extend to seven years, and shall also be
liable to fine.
409. Criminal breach of trust by public servant, or by banker, merchant or agent.—Whoever,
being in any manner entrusted with property, or with any dominion over property in his capacity of a
public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent,
commits criminal breach of trust in respect of that property, 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.
Of the Receiving of Stolen Property
410. Stolen property.—Property, the possession whereof has been transferred by theft, or by
extortion, or by robbery, and property which has been criminally misappropriated or in respect of which
2
*** 3
***criminal breach of trust has been committed, is designated as “stolen property”,
4
[whether the
transfer has been made, or the misappropriation or breach of trust has been committed, within or without
5
[India]]. But, if such property subsequently comes into the possession of a person legally entitled to the
possession thereof, it then ceases to be stolen property.
411. Dishonestly receiving stolen property.—Whoever dishonestly receives or retains any stolen
property, knowing or having reason to believe the same to be stolen property, shall be punished with
imprisonment of either description for a term which may extend to three years, or with fine, or with both.
412. Dishonestly receiving property stolen in the commission of a dacoity.—Whoever dishonestly
receives or retains any stolen property, the possession whereof he knows or has reason to believe to have
been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or
has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has
reason to believe to have been stolen, shall be punished with 1
[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 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. The word “the” rep by Act 12 of 1891, s. 2 and the First Sch.
3. The words “offence of” rep by Act 8 of 1882, s. 9.
4. Ins. by s. 9, ibid.
5. 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.
95
413. Habitually dealing in stolen property.—Whoever habitually receives or deals in property
which he knows or has reason to believe to be stolen property, 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.
414. Assisting in concealment of stolen property.—Whoever voluntarily assists in concealing or
disposing of or making away with property which he knows or has reason to believe to be stolen property,
shall be punished with imprisonment of either description for a term which may extend to three years, or
with fine, or with both.
Of Cheating
415. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person
so deceived to deliver any property to any person, or to consent that any person shall retain any property,
or intentionally induces the person so deceived to do or omit to do anything which he would not do or
omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to
that person in body, mind, reputation or property, is said to “cheat”.
Explanation.—A dishonest concealment of facts is a deception within the meaning of this section.
Illustrations
(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him
have on credit goods for which he does not mean to pay. A cheats.
(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain
celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.
(c) A, by exhibiting to Z a false sample of an article intentionally deceives Z into believing that the article corresponds with
the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats.
(d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that
the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to
pay for it. A cheats.
(e) A, by pledging as diamond articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly
induces Z to lend money. A cheats.
(f) A Intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and thereby dishonestly
induces Z to lend him money, A not intending to repay it. A cheats.
(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not
intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the
time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he
does not cheat, but is liable only to a civil action for breach of contract.
(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not
performed, and thereby dishonestly induces Z to pay money. A cheats.
(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or
mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or
mortgage money from Z. A cheats.
416. Cheating by personation.—A person is said to “cheat by personation” if he cheats by
pretending to be some other person, or by knowingly substituting one person for or another, or
representing that he or any other person is a person other than he or such other person really is.
Explanation.—The offence is committed whether the individual personated is a real or imaginary
person.
Illustrations
(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.
(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.

1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
96
417. Punishment for cheating.—Whoever cheats shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or with both.
418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is
bound to protect.—Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss
to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or
by a legal contract, to protect, shall be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.
419. Punishment for cheating by personation.—Whoever cheats by personation shall be punished
with imprisonment of either description for a term which may extend to three years, or with fine, or with
both.
420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby
dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy
the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable
of being converted into a 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.
Of Fraudulent Deeds and Dispositions of Property
421. Dishonest or fraudulent removal or concealment of property to prevent distribution among
creditors.—Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers
or causes to be transferred to any person, without adequate consideration, any property, intending thereby
to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property
according to law among his creditors or the creditors of any other person, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both.
422. Dishonestly or fraudulently preventing debt being available for creditors.—Whoever
dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being
made available according to law for payment of his debts or the debts of such other person, shall be
punished with imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
423. Dishonest or fraudulent execution of deed of transfer containing false statement of
consideration.—Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or
instrument which purports to transfer or subject to any charge any property, or any interest therein, and
which contains any false statement relating to the consideration for such transfer or charge, or relating to
the person or persons for whose use or benefit it is really intended to operate, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both.
424. Dishonest or fraudulent removal or concealment of property.—Whoever dishonestly or
fraudulently conceals or removes any property of himself or any other person, or dishonestly or
fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to
which he is entitled, shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
Of Mischief
425. Mischief.—Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or
damage to the public or to any person, causes the destruction of any property, or any such change in any
property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously,
commits “mischief”.
Explanation 1.—It is not essential to the offence of mischief that the offender should intend to cause
loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or
knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether
it belongs to that person or not.
Explanation 2.—Mischief may be committed by an act affecting property belonging to the person
who commits the act, or to that person and others jointly.
97
Illustrations
(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief.
(b) A introduces water in to an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has
committed mischief.
(c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has
committed mischief.
(d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those
effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has
committed mischief.
(e) A having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the
underwriters. A has committed mischief.
(f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A
has committed mischief.
(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has
committed mischief.
(h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to
Z’s crop. A has committed mischief.
426. Punishment for mischief.—Whoever commits mischief shall be punished with imprisonment of
either description for a term which may extend to three months, or with fine, or with both.
427. Mischief causing damage to the amount of fifty rupees.—Whoever commits mischief and
thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with both.
428. Mischief by killing or maiming animal of the value of ten rupees.—Whoever commits
mischief by killing, poisoning, maiming or rendering useless any animal or animals of the value of the ten
rupees or upwards, shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty
rupees.—Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant,
camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of
the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term
which may extend to five years, or with fine, or with both.
430. Mischief by injury to works of irrigation or by wrongfully diverting water.—Whoever
commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution
of the supply of water for agricultural purposes, or for food or drink for human beings or for animals
which are property, or for cleanliness or for carrying on any manufacture, shall be punished with
imprisonment of either description for a term which may extend to five years, or with fine, or with both.
431. Mischief by injury to public road, bridge, river or channel.—Whoever commits mischief by
doing any act which renders or which he knows to be likely to render any public road, bridge, navigable
river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying
property, shall be punished with imprisonment of either description for a term which may extend to five
years, or with fine, or with both.
432. Mischief by causing inundation or obstruction to public drainage attended with damage.—
Whoever commits mischief by doing any act which causes or which he knows to be likely to cause an
inundation or an obstruction to any public drainage attended with injury or damage, shall be punished
with imprisonment of either description for a term which may extend to five years, or with fine, or with
both.
433. Mischief by destroying, moving or rendering less useful a light-house or sea-mark.—
Whoever commits mischief by destroying or moving any light-house or other light used as a sea-mark, or
any sea- mark or buoy or other thing placed as a guide for navigators, or by any act which renders any
such light-house, sea-mark, buoy or other such thing as aforesaid less useful as a guide for navigators,
shall be punished with imprisonment of either description for a term which may extend to seven years, or
with fine, or with both.
98
434. Mischief by destroying or moving, etc., a land-mark fixed by public authority.—Whoeve

434. Mischief by destroying or moving, etc., a land-mark fixed by public authority.—Whoever
commits mischief by destroying or moving any land-mark fixed by the authority of a public servant, or by
any act which renders such land-mark less useful as such, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or with both.
435. Mischief by fire or explosive substance with intent to cause damage to amount of one
hundred or (in case of agricultural produce) ten rupees.—Whoever commits mischief by fire or any
explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to
any property to the amount of one hundred rupees or upwards 1
[or (where the property is agricultural
produce) ten rupees 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.
436. Mischief by fire or explosive substance with intent to destroy house, etc.—Whoever commits
mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will
thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a
human dwelling or as a place for the custody of property, 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.
437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons
burden.—Whoever commits mischief to any decked vessel or any vessel of a burden of twenty tons or
upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or
render unsafe, that vessel, shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
438. Punishment for the mischief described in section 437 committed by fire or explosive
substance. —Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief
as is described in the last preceding section, 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.
439. Punishment for intentionally running vessel aground or ashore with intent to commit theft,
etc.—Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property
contained therein or to dishonestly misappropriate any such property, or with intent that such theft or
misappropriation of property may be committed, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be liable to fine.
440. Mischief committed after preparation made for causing death or hurt.—Whoever commits
mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear
of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for
a term which may extend to five years, and shall also be liable to fine.
Of Criminal Trespass
441. Criminal trespass.—Whoever enters into or upon property in the possession of another with
intent to commit an offence or to intimidate, insult or annoy any person in possession of such property,
or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to
intimidate, insult or annoy any such person, or with intent to commit an offence,
is said to commit “criminal trespass”.
442. House-trespass.—Whoever commits criminal trespass by entering into or remaining in any
building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a
place for the custody of property, is said to commit “house-trespass”.
Explanation.—The introduction of any part of the criminal trespasser’s body is entering sufficient to
constitute house-trespass.

1. Ins. by Act 8 of 1882, s. 10
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
99
443. Lurking house-trespass.—Whoever commits house-trespass having taken precautions to
conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the
building, tent or vessel which is the subject of the trespass, is said to commit “lurking house-trespass”.
444. Lurking house-trespass by night.—Whoever commits lurking house-trespass after sunset and
before sunrise, is said to commit “lurking house-trespass by night”.
445. House-breaking.—A person is said to commit “house-breaking” who commits house-trespass if
he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if,
being in the house or any part of it for the purpose of committing an offence, or having committed an
offence therein, he quits the house or any part of it in any of such six ways, that is to say:—
First.—If he enters or quits through a passage made by himself, or by any abettor of the housetrespass, in order to the committing of the house-trespass.
Secondly.—If he enters or quits through any passage not intended by any person, other than himself
or an abettor of the offence, for human entrance; or through any passage to which he has obtained access
by scaling or climbing over any wall or building.
Thirdly.—If he enters or quits through any passage which he or any abettor of the house-trespass has
opened, in order to the committing of the house-trespass by any means by which that passage was not
intended by the occupier of the house to be opened.
Fourthly.—If he enters or quits by opening any lock in order to the committing of the house-trespass,
or in order to the quitting of the house after a house-trespass.
Fifthly.—If he effects his entrance or departure by using criminal force or committing an assault, or
by threatening any person with assault.
Sixthly.—If he enters or quits by any passage which he knows to have been fastened against such
entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass.
Explanation.—Any out-house or building occupied with a house, and between which and such house
there is an immediate internal communication, is part of the house within the meaning of this section.
Illustrations
(a) A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand through the aperture.
This is house- breaking.
(b) A commits house-trespass by creeping into a ship at a port- hole between decks. This is house-breaking.
(c) A commits house-trespass by entering Z’s house through a window. This is house-breaking.
(d) A commits house-trespass by entering Z’s house through the door, having opened a door which was fastened. This is
house-breaking.
(e) A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting a wire through a hole
in the door. This is house-breaking.
(f) A finds the key of Z’s house door, which Z had lost, and commits house-trespass by entering Z’s house, having opened
the door with that key. This is house-breaking.
(g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits house-trespass by entering the
house. This is house-breaking.
(h) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by entering the house, having deterred Z
from opposing him by threatening to beat him. This is house-breaking.
446. House-breaking by night.—Whoever commits house-breaking after sunset and before sunrise,
is said to commit “house-breaking by night”.
447. Punishment for criminal trespass.—Whoever commits criminal trespass 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.
448. Punishment for house-trespass.—Whoever commits house-trespass 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.
100
449. House-trespass in order to commit offence punishable with death.—Whoever commits
house-trespass in order to the committing of any offence punishable with death, shall be punished with
1
[imprisonment for life], or with rigorous imprisonment for a term not exceeding ten years, and shall also
be liable to fine.
450. House-trespass in order to commit offence punishable with imprisonment for life.—
Whoever commits house-trespass in order to the committing of any offence punishable with
1
[imprisonment for life], shall be punished with imprisonment of either description for a term not
exceeding ten years, and shall also be liable to fine.
451. House-trespass in order to commit offence punishable with imprisonment.—Whoever
commits house-trespass in order to the committing of any offence punishable with imprisonment, shall be
punished with imprisonment of either description for a term which may extend to two years, and shall
also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment
may be extended to seven years.
452. House-trespass alter preparation for hurt, assault or wrongful restraint.—Whoever
commits house-trespass, having made preparation for causing hurt to any person or for assaulting any
person, or for wrongfully restraining any person, or for putting and person in fear of hurt, or of assault, or
of wrongful restraint, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
453. Punishment for lurking house-trespass or house-breaking.—Whoever commits lurking
house-trespass or house-breaking, shall be punished with imprisonment of either description for a term
which may extend to two years, and shall also be liable to fine.
454. Lurking house-trespass or house-breaking in order to commit offence punishable with
imprisonment.—Whoever commits lurking house-trespass or house-breaking, in order to the committing
of any offence punishable with imprisonment, 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 intended to
be committed is theft, the term of the imprisonment may be extended to ten years.
455. Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful
restraint.—Whoever commits lurking house-trespass, or house-breaking, having made preparation for
causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for
putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with
imprisonment of either description or a term which may extend to ten years, and shall also be liable to
fine.
456. Punishment for lurking house-trespass or house-breaking by night.—Whoever commits
lurking house-trespass by night, or house-breaking by night, shall be punished with imprisonment of
either description for a term which may extend to three years, and shall also be liable to fine.
457. Lurking house-trespass or house-breaking by night in order to commit offence punishable
with imprisonment.—Whoever commits lurking house-trespass by night, or house-breaking by night, in
order to the committing of any offence punishable with imprisonment, shall be punished with
imprisonment of either description for a term which may extend to five years, and shall also be liable to
fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended
to fourteen years.
458. Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or
wrongful restraint.—Whoever commits lurking house-trespass by night, or house-breaking by night,
having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully
restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint,
shall be punished with imprisonment of either description for a term which may extend to fourteen 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).
101
459. Grievous hurt caused whilst committing lurking house-trespass or house-breaking.—
Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person
or attempts to cause death or grievous hurt to any person, 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.
460. All persons jointly concerned in lurking house-trespass or house-breaking by night
punishable where death or grievous hurt caused by one of them.—If, at the time of the committing of
lurking house-trespass by night or house-breaking by night, any person guilty of such offence shall
voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned
in committing such lurkking house-trespass by night or house-breaking by night, 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.
461. Dishonestly breaking open receptacle containing property.—Whoever dishonestly or with
intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he
believes to contain property, shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.
462. Punishment for same offence when committed by person entrusted with custody.—
Whoever, being entrusted with any closed receptacle which contains or which he believes to contain
property, without having authority to open the same, dishonestly, or with intent to commit mischief,
breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.

OF OFFENCES RELATING TO DOCUMENTSAND TO2
*** PROPERTY MARKS

463. Forgery.—3
[Whoever makes any false document or false electronic record or part of a
document or electronic record, with intent to cause damage or injury], to the public or to any person, or to
support any claim or title, or to cause any person to part with property, or to enter into any express or
implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.

464. Making a false document.—3
[A person is said to make a false document or false electronic
record—
First.—Who dishonestly or fraudulently—
(a) makes, signs, seals or executes a document or part of a document;

(b) makes or transmits any electronic record or part of any electronic record;

(c) affixes any 4
[electronic signature] on any electronic record;
(d) makes any mark denoting the execution of a document or the authenticity of the
4
[electronic signature],
with the intention of causing it to be believed that such document or part of document, electronic
record or 4
[electronic signature] was made, signed, sealed, executed, transmitted or affixed by or by the
authority of a person by whom or by whose authority he knows that it was not made, singed, sealed,
executed or affixed; or
Secondly.—Who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise,
alters a document or an electronic record in any material part thereof, after it has been made, executed or
affixed with 4
[electronic signature] either by himself or by any other person, whether such person be
living or dead at the time of such alteration; or
Thirdly.—Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a
document or an electronic record or to affix his 4
[electronic signature] on any electronic record knowing
that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception

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

2. The words “TRADE OR” omitted by Act 43 of 1958, s. 135 and Sch. (w.e.f. 25-11-1959).

3. Subs. by Act 21 of 2000, s. 91 and the First Sch., for certain words (w.e.f. 17-10-2000).

4. Subs. by Act 10 of 2009, s. 51, for “digital signature” (w.e.f. 27-10-2009).

102
practised upon him, he does not know the contents of the document or electronic record or the nature of
the alteration.]
Illustrations
(a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds cipher to the 10,000, and
makes the sum 1,00,000 intending that it may be believed by B that Z so wrote the letter. A has committed forgery.

(b) A, without Z’s authority, affixes Z’s seal to a document purporting to be a conveyance of an estate from Z to A, with the
intention of selling the estate to B and thereby of obtaining from B the purchase-money. A has committed forgery.

(c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque.
A fraudulently fills up the cheque by inserting the sum of ten thousand rupees. A commits forgery.

(d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable and authorizes B to fill
up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments. B fraudulently
fills up the cheque by inserting the sum of twenty thousand rupees. B commits forgery.

(e) A draws a bill of exchange on himself in the name of B without B’s authority, intending to discount it as a genuine bill
with a banker and intending to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by
leading him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery.

(f) Z’s will contains these words—“I direct that all my remaining property be equally divided between A, B and C.” A
dishonestly scratches out B’s name, intending that it may be believed that the whole was left to himself and C. A has committed
forgery.

(g) A endorses a Government promissory note and makes it payable to Z or his order by writing on the bill the words “Pay
to Z or his order” and signing the endorsement. B dishonestly erases the words “Pay to Z or his order”, and thereby converts the
special endorsement into a blank endorsement. B commits forgery.

(h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a conveyance of the same
estate to B, dated six months earlier than the date of the conveyance to Z, intending it to be believed that he had conveyed the
estate to B before he conveyed it to Z. A has committed forgery.

(i) Z dictates his will to A. A intentionally writes down a different legatee named by Z, and by representing to Z that he has
prepared the will according to his instructions, induces Z to sign the will. A has committed forgery.

(j) A writes a letter and signs it with B’s name without B’s authority, certifying that A is a man of good character and in
distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from Z and other persons.
Here, as A made a false document in order to induce Z to part with property, A has committed forgery.
(k) A without B’s authority writes a letter and signs it in B’s name certifying to A’s character, intending thereby to obtain
employment under Z. A has committed forgery inasmuch as he intended to deceive Z by the forged certificate, and thereby to
induce Z to enter into an express or implied contract for service.
Explanation 1.—A man’s signature of his own name may amount to forgery.
Illustrations
(a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person
of the same name. A has committed forgery.
(b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in order that B may afterwards write on the
paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery;
and if B, knowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty of forgery.
(c) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own
name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable; here A has committed
forgery.
(d) A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate, in collusion with Z,
executes a lease of the estate, to Z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with
intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in
his own name, commits forgery by antedating it.
(e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and with intent to defraud his creditors;
and in order to give a colour to the transaction, writes a promissory note binding himself to pay to B a sum for value received,
and antedates the note, intending that it may be believed to have been made before A was on the point of insolvency. A has
committed forgery under the first head of the definition.
Explanation 2.—The making of a false document in the name of a fictious person, intending it to be
believed that the document was made by a real person, or in the name of a deceased person, intending it to
be believed that the document was made by the person in his lifetime, may amount to forgery.
103
Illustration
A draws a bill of exchange upon a fictious person, and fraudulently accepts the bill in the name of such fictitious person with
intent to negotiate it. A commits forgery.
1
[Explanation 3.—For the purposes of this section, the expression “affixing 2
[electronic signature]”
shall have the meaning assigned to it in clause (d) of sub-section (1) of section 2 of the Information
Technology Act, 2000 (21 of 2000).]
465. Punishment for forgery.—Whoever commits forgery shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both.
466. Forgery of record of Court or of public register, etc.—3
[Whoever forges a document or an
electronic record], purporting to be a record or proceeding of or in a Court of Justice, or a register of birth,
baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document
purporting to be made by a public servant in his official capacity, or an authority to institute or defend a
suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, 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
[Explanation.—For the purposes of this section, “register” includes any list, data or record of any
entries maintained in the electronic form as defined in clause (r) of sub-section (1) of section 2 of the
Information Technology Act, 2000 (21 of 2000).]
467. Forgery of valuable security, will, etc.—Whoever forges a document which purports to be a
valuable security or a will, or an authority to adopt a son, or which purports to give authority to any
person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon,
or to receive or deliver any money, movable property, or valuable security, or any document purporting to
be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the
delivery of any movable property or valuable security, 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.
468. Forgery for purpose of cheating.—Whoever commits forgery, intending that the 3
[document or
electronic record forged] shall be used for the purpose of cheating, shall be punished with imprisonment
of either description for a term which may extend to seven years, and shall also be liable to fine.
469. Forgery for purpose of harming reputation.—Whoever commits forgery, 3
[intending that the
document or electronic record forged] shall harm the reputation of any party, or knowing that it is likely
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.
470. Forged document.—A false 5
[document or electronic record] made wholly or in part by forgery
is designated “a forged 5
[document or electronic record]”.
471. Using as genuine a forged document or electronic record.—Whoever fraudulently or
dishonestly uses as genuine any 5
[document or electronic record] which he knows or has reason to believe
to be a forged 5
[document or electronic record], shall be punished in the same manner as if he had forged
such 5
[document or electronic record].
472. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under
section 467.—Whoever makes or counterfeits any seal, plate or other instrument for making an
impression, intending that the same shall be used for the purpose of committing any forgery which would
be punishable under section 467 of this Code, or, with such intent, has in his possession any such seal,
plate or other instrument, knowing the same to be counterfeit, shall be punished with 4
[imprisonment for
life], or with imprisonment of either description for a term which may extend to seven years, and shall
also be liable to fine.

1. Ins. by Act 21 of 2000, s. 91 and the First Sch. (w.e.f. 17-10-2000).
2. Subs. by Act 10 of 2009, s. 51, for “digital signature” (w.e.f. 27-10-2009).
3. Subs. by Act 21 of 2000, s. 91 and the First Sch., for certain words (w.e.f. 17-10-2000).
4. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
5. Subs. by Act 21 of 2000, s. 91 and the First Sch., for “document” (w.e.f. 17-10-2000).
104
473. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable
otherwise.—Whoever makes or counterfeits any seal, plate or other instrument for making an impression,
intending that the same shall be used for the purpose of committing any forgery which would be
punishable under any section of this Chapter other than section 467, or, with such intent, has in his
possession any such seal, plate or other instrument, knowing the same to be 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.
474. Having possession of document described in section 466 or 467, knowing it to be forged and
intending to use it genuine.—1
[Whoever has in his possession any document or electronic record,
knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as
genuine, shall, if the document or electronic record is one of the description mentioned in section 466 of
this Code], be punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine; and if the document is one of the description mentioned in section
467, shall be punished with 2
[imprisonment for life], or with imprisonment of either description, for a
term which may extend to seven years, and shall also be liable to fine.
475. Counterfeiting device or mark used for authenticating documents described in section 467,
or possessing counterfeit marked material.—Whoever counterfeits upon, or in the substance of, any
material, any device or mark used for the purpose of authenticating any document described in section
467 of this Code, intending that such device or mark shall be used for the purpose of giving the
appearance of authenticity to any document then forged or thereafter to be forged on such material, or
who, with such intent, has in his possession any material upon or in the substance of which any such
device or mark has been counterfeited, shall be punished with 2
[imprisonment for life], or with
imprisonment of either description for a term which may extend to seven years, and shall also be liable to
fine.
476. Counterfeiting device or mark used for authenticating documents other than those
described in section 467, or possessing counterfeit marked material.—Whoever counterfeits upon, or
in the substance of, any material, any device or mark used for the purpose of authenticating 3
[any
document or electronic record] other than the documents described in section 467 of this Code, intending
that such device or mark shall be used for the purpose of giving the appearance of authenticity to any
document then forged or thereafter to be forged on such material, or who with such intent, has in his
possession any material upon or in the substance of which any such device or mark has been
counterfeited, shall be punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.
477. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable
security.—Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or
to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or
attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any
valuable security, or commits mischief in respect of such document, shall be punished with
2
[imprisonment for life], or with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
4
[477A. Falsification of accounts.—Whoever, being a clerk, officer or servant, or employed or
acting in the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters,
mutilates or falsifies any 5
[book, electronic record, paper, writing] valuable security or account which
belongs to or is in the possession of his employer, or has been received by him for or on behalf of his
employer, or wilfully, and with intent to defraud, makes or abets the making of any false entry in, or
omits or alters or abets the omission or alteration of any material particular from or in. any such 5
[book,
electronic record, paper, writing] valuable security or account, shall be punished with imprisonment of
either description for a term which may extend to seven years, or with fine, or with both.

1. Subs. by Act 21 of 2000, s. 91 and the First Sch., for certain words (w.e.f. 17-10-2000).
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
3. Subs. by Act 21 of 2000, s. 91 and the First Sch., for “any document” (w.e.f. 17-10-2000).
4. Added by Act 3 of 1895, s. 4.
5. Subs. by Act 21 of 2000, s. 91 and the First Sch., for “book, paper, writing” (w.e.f. 17-10-2000).
105
Explanation.—It shall be sufficient in any charge under this section to allege a general intent to
defraud without naming any particular person intended to be defrauded or specifying any particular sum
of money intended to be the subject of the fraud, or any particular day on which the offence was
committed.]
1
[Of 2
***Property and Other Marks
478. [Trade Mark.] Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958), s. 135 and
Sch. (w. e. f. 25-11-1959).
479. Property mark.—A mark used for denoting that movable property belongs to a particular
person is called a property mark.
480. [Using a false trade mark.] Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958), s.
135and Sch. (w.e.f. 25- 11-1959).
481. Using a false property mark.—Whoever marks any movable property or goods or any case,
package or other receptacle containing movable property or goods, or uses any case, package or other
receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the
property or goods so marked, or any property or goods contained in any such receptacle so marked,
belong to a person to whom they do not belong, is said to use a false property mark.
482. Punishment for using a false property mark.—Whoever uses 3
***any false property mark
shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or with both.
483. Counterfeiting a property mark used by another.—Whoever counterfeits any 4
***property
mark used by any other person shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.
484. Counterfeiting a mark used by a public servant.—Whoever counterfeits any property mark
used by a public servant, or any mark used by a public servant to denote that any property has been
manufactured by a particular person or at a particular time or place, or that the property is of a particular
quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine
any such mark knowing the same to be 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.
5
[485. Making or possession of any instrument for counterfeiting a property mark.—Whoever
makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a
property mark, or has in his possession a property mark for the purpose of denoting that any goods belong
to a person to whom they do not belong, shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.]
486. Selling goods marked with a counterfeit property mark.—6
[Whoever sells, or exposes, or has
has in possession for sale, any goods or things with a counterfeit property mark] affixed to or impressed
upon the same or to or upon any case, package or other receptacle in which such goods are contained,
shall, unless he proves
(a) that, having taken all reasonable precautions against committing an offence against this section, he
had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark,
and
(b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power
with respect to the persons from whom he obtained such goods or things, or
(c) that otherwise he had acted innocently,

1. Subs. by Act 4 of 1889, s. 3, for the original heading and ss. 478 to 489.
2. The word “Trade” omitted by Act 43 of 1958, s. 135 and the Sch. (w.e.f. 25-11-1959).
3. The words “any false trade mark or” omitted by s. 135 and the Sch., ibid. (w.e.f. 25-11-1959).
4. The words “trade mark or” omitted by s. 135 and the Sch., ibid. (w.e.f. 25-11-1959).
5. Subs. by s. 135 and the Sch., ibid., for s. 485 (w.e.f. 25-11-1959).
6. Subs. by s. 135 and the Sch., ibid., for certain words (w.e.f. 25-11-1959).
106
be punished with imprisonment of either description for a term which may extend to one year, or with
fine, or with both.
487. Making a false mark upon any receptacle containing goods.—Whoever makes any false
mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to
cause any public servant or any other person to believe that such receptacle contains goods which it does
not contain or that it does not contain goods which it does contain, or that the goods contained in such
receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he
proves that he acted without intent to defraud, be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.
488. Punishment for making use of any such false mark.—Whoever makes use of any such false
mark in any manner prohibited by the last foregoing section shall, unless he proves that he acted without
intent to defraud, be punished as if he had committed an offence against that section.
489. Tampering with property mark with intent to cause injury.—Whoever removes, destroys,
defaces or adds to any property mark, intending 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 one year, or with fine, or with both.]
1
[Of Currency-Notes and Bank-Notes
489A. Counterfeiting currency-notes or bank-notes.—Whoever counterfeits, or knowingly
performs any part of the process of counterfeiting, any currency-note or bank-note, 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.—For the purposes of this section and of sections 489B, 3
[489C, 489D and 489E], the
expression “bank-note” means a promissory note or engagement for the payment of money to bearer on
demand issued by any person carrying on the business of banking in any part of the world, or issued by or
under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a
substitute for money.
489B. Using as genuine, forged or counterfeit currency-notes or bank-notes.—Whoever sells to,
or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or
counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or
counterfeit, 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.
489C. Possession of forged or counterfeit currency-notes or bank-notes.—Whoever has in his
possession any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the
same to be forged or counterfeit and intending to use the same as genuine or that it may be used as
genuine, shall be punished with imprisonment of either description for a term which may extend to seven
years, or with fine, or with both.
489D. Making or possessing instruments or materials for forging or counterfeiting currency
notes or bank-notes.—Whoever makes, or performs any part of the process of making, or buys or sells
or disposes of, or has in his possession, any machinery, instrument or material for the purpose of being
used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting
any currency-note or bank-note, 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.]
4
[489E. Making or using documents resembling currency-notes or bank-notes.—(1) Whoever
makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any document
purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive, any
currency-note or bank-note shall be punished with fine which may extend to one hundred rupees.

1. Added by Act 12 of 1899, s. 2.
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
3. Subs. by Act 35 of 1950, s. 3 and the Second Sch., for “489C and 489D”.
4. Ins. by Act 6 of 1943, s. 2.
107
(2) If any person, whose name appears on a document the making of which is an offence under
sub-section (1), refuses, without lawful excuse, to disclose to a police-officer on being so required the
name and address of the person by whom it was printed or otherwise made, he shall be punished with fine
which may extend to two hundred rupees.
(3) Where the name of any person appears on any document in respect of which any person is
charged with an offence under sub- section (1) or on any other document used or distributed in connection
with that document it may, until the contrary is proved, be presumed that that person caused the document
to be made.]
CHAPTER XIX
OFTHE CRIMINAL BREACHOF CONTRACTSOF SERVICE
490. [Breach of contract of service during voyage or journey.] Rep. by the Workmen’s Breach of
Contract (Repealing) Act, 1925 (3 of 1925), s. 2 and Sch.
491. Breach of contract to attend on and supply wants of helpless person.—Whoever, being
bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or
of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his
own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with
imprisonment of either description for a term which may extend to three months, or with fine which may
extend to two hundred rupees, or with both.
492. [Breach of contract to serve at distant place to which servant is conveyed at master’s expense.]
Rep. by the Workmen’s Breach of Contract (Repealing) Act,1925 (3 of 1925), s. 2 and Sch.
CHAPTER XX
OFOFFENCES RELATINGTO MARRIAGE
493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.—Every man
who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully
married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall also be liable to
fine.
494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife
living, marries in any case in which such marriage is void by reason of its taking place during the life of
such husband or wife, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
Exception.—This section does not extend to any person whose marriage with such husband or wife
has been declared void by a Court of competent jurisdiction,
nor to any person who contracts a marriage during the life of a former husband or wife, if such
husband or wife, at the time of the subsequent marriage, shall have been continually absent from such
person for the space of seven years, and shall not have been heard of by such person as being alive within
that time provided the person contracting such subsequent marriage shall, before such marriage takes
place, inform the person with whom such marriage is contracted of the real state of facts so far as the
same are within his or her knowledge.
495. Same offence with concealment of former marriage from person with whom subsequent
marriage is contracted.—Whoever commits the offence defined in the last preceding section having
concealed from the person with whom the subsequent marriage is contracted, the fact of the former
marriage, shall be punished with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
496. Marriage ceremony fraudulently gone through without lawful marriage.—Whoever,
dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he
is not thereby lawfully married, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.
108
497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has
reason to believe to be the wife of another man, without the consent or connivance of that man, such
sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be
punished with imprisonment of either description for a term which may extend to five years, or with fine,
or with both. In such case the wife shall not be punishable as an abettor.
498. Enticing or taking away or detaining with criminal intent a married woman.—Whoever
takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of
any other man, from that man, or from any person having the care of her on behalf of that man, with
intent that she may have illicit intercourse with any person, or conceals or detains with that intent any
such woman, shall be punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both