Training

1. Title and extent of operation of the Code.
2. Punishment of offences committed within India.
3. Punishment of offences committed beyond, but which by law may be tried within, India.
4. Extension of Code to extra-territorial offences.
5. Certain laws not to be affected by this Act.

6. Definitions in the Code to be understood subject to exceptions.
7. Sense of expression once explained.
8. Gender.
9. Number.
10. “Man”. “Woman”.
11. “Person”.
12. “Public”.
13. [Omitted.].
14. “Servant of Government”.
15. [Repealed.].
16. [Repealed.].
17. “Government”.
18. “India”.
19. “Judge”.
20. “Court of Justice”.
21. “Public servant”.
22. “Moveable property”.
23. “Wrongful gain”.
“Wrongful loss”.
Gaining wrongfully/ Losing wrongfully.
24. “Dishonestly”.
25. “Fraudulently”.
26. “Reason to believe”.
27. Property in possession of wife, clerk or servant.
28. “Counterfeit”.
29. “Document”.
29A. “Electronic record”.
30. “Valuable security”.
31. “A will”.
32. Words referring to acts include illegal omissions.
33. “Act”.
“Omission”.
34. Acts done by several persons in furtherance of common intention.
35. When such an act is criminal by reason of its being done with a criminal knowledge or intention.
36. Effect caused partly by act and partly by omission.
37. Co-operation by doing one of several acts constituting an offence.
2
SECTIONS
38. Persons concerned in criminal act may be guilty of different offences.
39. “Voluntarily”.
40. “Offence”.
41. “Special law”.
42. “Local law”.
43. “Illegal”.
“Legally bound to do”.
44. “Injury”.
45. “Life”.
46. “Death”.
47. “Animal”.
48. “Vessel”.
49. “Year”.
“Month”.
50. “Section”.
51. “Oath”.
52. “Good faith”
.
52A. “Harbour-“
.

53. Punishments.
53A. Construction of reference to transportation.
54. Commutation of sentence of death.
55. Commutation of sentence of imprisonment for life.
55A. Definition of “appropriate Government”.
56. [Repealed.].
57. Fractions of terms of punishment.
58. [Repealed.].
59. [Repealed.].
60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous of simple.
61. [Repealed.].
62. [Repealed.].
63. Amount of fine.
64. Sentence of imprisonment for non-payment of fine.
65. Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable.
66. Description of imprisonment for non-payment of fine.
67. Imprisonment for non-payment of fine, when offence punishable with fine only.
68. Imprisonment to terminate on payment of fine.
69. Termination of imprisonment on payment of proportional part of fine.
70. Fine leviable within six years, of during imprisonment. Death not to discharge property from liability.
71. Limit of punishment of offence made up of several offences.
72. Punishment of person guilty of one of several offences, the judgment stating that is doubtful of which.
73. Solitary confinement.
74. Limit of solitary confinement.
75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous
conviction

76. Act done by a person bound, or by mistake of fact believing himself bound, by law.
77. Act of Judge when acting judicially.
78. Act done pursuant to the judgment or order of Court.
79. Act done by a person justified, or by mistake of fact believing himself justified, by law.
80. Accident in doing a lawful act.
81. Act likely to cause harm, but done without criminal intent, and to prevent other harm.
3
SECTIONS
82. Act of a child under seven years of age.
83. Act of a child above seven and under twelve of immature understanding.
84. Act of a person of unsound mind.
85. Act of a person incapable of judgment by reason of intoxication caused against his will.
86. Offence requiring a particular intent or knowledge committed by one who is intoxicated.
87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent.
88. Act not intended to cause death, done by consent in good faith for person’s benefit.
89. Act done in good faith for benefit of child or insane person, by or by consent of guardian.
Provisos.
90. Consent known to be given under fear or misconception.
Consent of insane person.
Consent of child.
91. Exclusion of acts which are offences independently of harm caused.
92. Act done in good faith for benefit of a person without consent.
Provisos.
93. Communication made in good faith.
94. Act to which a person is compelled by threats.
95. Act causing slight harm.
Of the Right of Private Defense
96. Things done in private defence.
97. Right of private defence of the body and of property.
98. Right of private defence against the act of a person of unsound mind. etc.
99. Acts against which there is no right of private defence.
Extent to which the right may be exercised.
100.When the right of private defence of the body extends to causing death.
101.When such right extends to causing any harm other than death.
102.Commencement and continuance of the right of private defence of the body.
103.When the right of private defence of property extends to causing death.
104.When such right extends to causing any harm other than death.
105.Commencement and continuance of the right of private defence of property.
106.Right of private defence against deadly assault when there is risk of harm to innocent person.

107.Abetment of a thing.
108.Abettor.
108A. Abetment in Indian of offences outside India.
109.Punishment of a abetment if the act abetted is committed in consequence and when no express
provision is made for its punishment.
110.Punishment of abetment if person abetted does act with different intention from that of abettor.
111.Liability of abettor when one act abetted and different act done.
112.Abettor when liable to cumulative punishment for act abetted and for act done .
113.Liability of abettor for an effect caused by the act abetted different from that intended by the abettor.
114.Abettor present when offence is committed.
115.Abetment of offence punishable with death or imprisonment for life.—if offence not committed.
if act causing harm be done in consequence.
116.Abetment of offence punishable with imprisonment.—if offence be not committed.
if abettor or person abetted be a public servant whose duty it is to prevent offence.
117.Abetting commission of offence by the public or by more than ten persons.
118.Concealing design to commit offence punishable with death or imprisonment for life.
If offence be committed;
if offence be not committed.
119.Public servant concealing design to commit offence which it is his duty to prevent.
if offence be committed;
if offence be punishable with death, etc.
if offence be not committed.
120.Concealing design to commit offence punishable with imprisonment.
if offence be committed;
if offence be not committed.
4
CHAPTER VA
CRIMINALCONSPIRACY
SECTIONS
120A. Definition of criminal conspiracy.
120B. Punishment of criminal conspiracy

121. Waging, or attempting to wage war, or abetting waging of war, against the Government of India.
121A. Conspiracy to commit offences punishable by section 121.
122. Collecting arms, etc., with intention of waging war against the Government of India.
123. Concealing with intent to facilitate design to wage war.
124. Assaulting President. Governor, etc., with intent to compel or restrain the exercise of any lawful power.
124A. Sedition.
125. Waging war against any Asiatic power in alliance with the Government of India.
126. Committing depredation on territories of power at peace with the Government of India.
127. Receiving property taken by war or depredation mentioned in sections 125 and 126.
128. Public servant voluntarily allowing prisoner of State or war to escape.
129. Public servant negligently suffering such prisoner to escape.
130. Aiding escape of, rescuing or harbouring such prisoner

131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.
132. Abetment of mutiny, if mutiny is committed in consequence thereof.
133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office.
134. Abetment of such assault, if the assault is committed.
135. Abetment of desertion of soldier, sailor or airman.
136. Harbouring deserter.
137. Deserter concealed on board merchant vessel through negligence of master.
138. Abetment of act of insubordination by soldier, sailor or airman.
138A. [Repealed.].
139. Persons subject to certain Acts.
140. Wearing garb or carrying token used by soldier, sailor or airman.

141. Unlawful assembly.
142. Being member of unlawful assembly.
143. Punishment.
144. Joining unlawful assembly armed with deadly weapon.
145. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse.
146. Rioting.
147. Punishment for rioting.
148. Rioting, armed with deadly weapon.
149. Every member of unlawful assembly guilty of offence committed in prosecution of common object.
150. Hiring, or conniving at hiring, of persons to join unlawful assembly.
151. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse.
152. Assaulting or obstructing public servant when suppressing riot, etc.
153. Wantonly giving provocation, with intent to cause riot—
if rioting be committed; if not committed.
153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence.
language, etc., and doing acts prejudicial to maintenance of harmony.
Offence committed in place of worship, etc.
153AA. Punishment for knowingly carrying arms in any procession or organizing, or holding or taking part in
any mass drill or mass training with arms.
153B. Imputation, assertions prejudicial to national-integration.
154. Owner or occupier of land on which an unlawful assembly is held.
155. Liability of person for whose benefit riot is committed.
156. Liablility of agent of owner or occupier for whose benefit riot is committed.
157. Harbouring persons hired for an unlawful assembly.
5
SECTIONS
158. Being hired to take part in an unlawful assembly or riot; or to go armed.
159. Affray.
160. Punishment for committing affray.

161. [Repealed.].
162. [Repealed.].
163. [Repealed.].
164. [Repealed.].
165. [Repealed.].
165A. [Repealed.].
166. Public servant disobeying law, with intent to cause injury to any person.
166A. Public servant disobeying direction under law.
166B. Punishment for non-treatment of victim.
167. Public servant framing an incorrect document with intent to cause injury.
168. Public servant unlawfully engaging in trade.
169. Public servant unlawfully buying or bidding for property.
170. Personating a public servant.
171. Wearing garb or carrying token used by public servant with fraudulent intent.

171A. “Candidate”, “Electoral right” defined.
171B. Bribery.
171C. Undue influence at elections.
171D.Personation at elections.
171E. Punishment for bribery.
171F. Punishment for undue influence or personation at an election.
171G.False statement in connection with an election.
171H. Illegal payments in connection with an election.
171-I. Failure to keep election accounts.

172. Absconding to avoid service of summons of other proceeding.
173. Preventing service of summons or other proceeding, or preventing publication thereof.
174. Non-attendance in obedience to an order from public servant.
174A. Non-appearance in response to a proclamation under section 82 of Act 2 of 1974.
175. Omission to produce document to public servant by person legally bound to produce it.
176. Omission to give notice or information to public servant by person legally bound to give i t.
177. Furnishing false information.
178. Refusing oath or affirmation when duly required by public servant to make it.
179. Refusing to answer public servant authorised to question.
180. Refusing to sign statement.
181. False statement on oath or affirmation to public servant or person authorised to administer an oath or
affirmation.
182. False information, with intent to cause public servant to use his lawful power to the injury of another person.
183. Resistance to the taking of property by the lawful authority of a public servant.
184. Obstructing sale of property offered for sale by authority of public servant.
185. Illegal purchase or bid for property offered for sale by authority of public servant.
186. Obstructing public servant in discharge of public functions.
187. Omission to assist public servant when bound by law to give assistance.
188. Disobedience to order duly promulgated by public servant.
189. Threat of injury to public servant.
190. Threat of injury to induce person to refrain from applying for protection to public servant.

191. Giving false evidence.
6
SECTIONS
192. Fabricating false evidence.
193. Punishment for false evidence.
194. Giving or fabricating false evidence with intent to procure conviction of capital offence.
if innocent person be thereby convicted and executed.
195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life
or imprisonment.
195A. Threatening any person to give false evidence.
196. Using evidence known to be false.
197. Issuing or signing false certificate.
198. Using as true a certificate known to be false.
199. False statement made in declaration which is by law receivable as evidence.
200. Using as true such declaration knowing it to be false.
201. Causing disappearance of evidence of offence, or giving false information, to screen offender—
if a capital offence;
if punishable with imprisonment for life;
if punishable with less than ten Years’ imprisonment.
202. Intentional omission to give information of offence by person bound to inform.
203. Giving false information respecting an offence committed.
204. Destruction of document to prevent its production as evidence.
205. False personation for purpose of act or proceeding in suit or prosecution.
206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution.
207. Fraudulent claim to property to prevent its seizure as forfeited or in execution.
208. Fraudulently suffering decree for sum not due.
209. Dishonestly making false claim in Court.
210. Fraudulently obtaining decree for sum not due.
211. False charge of offence made with intent to injure.
212. Harbouring offender.—
if a capital offence;
if punishable with imprisonment for life, or with imprisonment.
213. Taking gift, etc., to screen an offender from punishment.—
if a capital offence;
if punishable with imprisonment for life, or with imprisonment.
214. Offering gift or restoration of property in consideration of screening offenderif a capital offence;
if punishable with imprisonment for life, or with imprisonment.
215. Taking gift to help to recover stolen property, etc.
216. Harbouring offender who has escaped from custody of whose apprehension has been ordered –
if a capital offence;
if punishable with imprisonment for life, or with imprisonment.
216A. Penalty for harbouring robbers or dacoits.
216B. [Repealed.]
217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.
218. Public servant framing incorrect record or writing with intent to save person from punishment or property from
forfeiture.
219. Public servant in judicial proceeding corruptly making report, etc., contrary to law.
220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law.
221. Intentional omission to apprehend on the part of public servant bound to apprehend.
222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully
committed.
223. Escape from confinement or custody negligently suffered by public servant.
224. Resistance or obstruction by a person to his lawful apprehension.
225. Resistance or obstruction to lawful apprehension of another person.
225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for.
225B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for.
226. [Repealed.]
227. Violation of condition of remission of punishment.
228. Intentional insult or interruption to public servant sitting in judicial proceeding.
228A. Disclosure of identity of the victim of certain offences, etc.
229. Personation of a juror or assessor.
229A. Failure by person released on bail or bond to appear in Court.

230. “Coin” defined.
Indian coin.
231. Counterfeiting coin.
232. Counterfeiting Indian coin.
233. Making or selling instrument for counterfeiting coin.
234. Making or selling instrument for counterfeiting Indian coin.
235. Possession of instrument or material for the purpose of using the same for counterfeiting coin:
if Indian coin.
236. Abetting in India the counterfeiting out of India of coin.
237. Import or export of counterfeit coin.
238. Import or export of counterfeits of the Indian coin.
239. Delivery of coin, possessed with knowledge that it is counterfeit.
240. Delivery of Indian coin, possessed with knowledge that it is counterfeit.
241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit.
242. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof.
243. Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof.
244. Person employed in mint causing coin to be of different weight or composition from that fixed by law.
245. Unlawfully taking coining instrument from mint.
246. Fraudulently or dishonestly diminishing weight or altering composition of coin.
247. Fraudulently or dishonestly diminishing weight or altering composition of Indian coin.
248. Altering appearance of coin with intent that it shall pass as coin of different description.
249. Altering appearance of Indian coin with intent that it shall pass as coin of different description.
250. Delivery of coin, possessed with knowledge that it is altered.
251. Delivery of Indian coin, possessed with knowledge that it is altered.
252. Possession of coin by person who knew it to be altered when he became possessed thereof.
253. Possession of Indian coin by person who knew it to be altered when he became possessed thereof.
254. Delivery of coin as genuine which, when first possessed, the deliverer did not know to be altered.
255. Counterfeiting Government stamp.
256. Having possession of instrument or material for counterfeiting Government stamp.
257. Making or selling instrument for counterfeiting Government stamp.
258. Sale of counterfeit Government stamp.
259. Having possession of counterfeit Government stamp.
260. Using as genuine a Government stamp known to be counterfeit.
261. Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it,
with intent to cause loss to Government.
262. Using Government stamp known to have been before used.
263. Erasure of mark denoting that stamp has been used.
263A. Prohibition of fictitious stamps.

264. Fraudulent use of false instrument for weighing.
265. Fraudulent use of false weight or measure.
266. Being In possession of false weight or measure.
267. Making or selling false weight or measure.

268. Public nuisance.
269. Negligent act likely to spread infection of disease dangerous to life.
270. Malignant act likely to spread infection of disease dangerous to life.
271. Disobedience to quarantine rule.
272. Adulteration of food or drink intended for sale.
273. Sale of noxious food or drink.
274. Adulteration of drugs.
8
SECTIONS
275. Sale of adulterated drugs.
276. Sale of drug as a different drug or preparation.
277. Fouling water of public spring or reservoir.
278. Making atmosphere noxious to health.
279. Rash driving or riding on a public way.
280. Rash navigation of vessel.
281. Exhibition of false light, mark or buoy.
282. Conveying person by water for hire in unsafe or overloaded vessel.
283. Danger or obstruction in public way or line of navigation.
284. Negligent conduct with respect to poisonous substance.
285. Negligent conduct with respect to fire or combustible matter.
286. Negligent conduct with respect to explosive substance.
287. Negligent conduct with respect to machinery.
288. Negligent conduct with respect to pulling down or repairing buildings.
289. Negligent conduct with respect to animal.
290. Punishment for public nuisance in cases not otherwise provided for.
291. Continuance of nuisance after injunction to discontinue.
292. Sale, etc., of obscene books, etc.
293. Sale, etc., of obscene objects to young person.
294. Obscene acts and songs.
294A. Keeping lottery office.

295. Injuring or defiling place of work ship, with intent to insult the religion of any class.
295A. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its
religion or religious beliefs.
296. Disturbing religious assembly.
297. Trespassing on burial places, etc.
298. Uttering words, etc., with deliberate intent to wound the religious feelings.

299. Culpable homicide.
300. Murder.
When culpable homicide is not murder.
301. Culpable homicide by causing death of person other than person whose death was intended.
302. Punishment for murder.
303. Punishment for murder by life-convict.
304. Punishment for culpable homicide not amounting to murder.
304A. Causing death by negligence.
304B. Dowry death.
305. Abetment of suicide of child or insane person.
306. Abetment of suicide.
307. Attempt to murder.
Attempts by life-convicts.
308. Attempt to commit culpable homicide.
309. Attempt to commit suicide.
310. Thug.
311. Punishment.
Of the causing of Miscarriage, of Injuries to unborn Children, of the Exposure of Infants,
and of the concealment of Births
312. Causing miscarriage.
313. Causing miscarriage without woman’s consent.
314. Death caused by act done with intent to cause miscarriage.
if act done without woman’s consent.
315. Act done with intent to prevent child being born alive or to cause it to die after birth.
316. Causing death of quick unborn child by act amounting to culpable homicide.
9
SECTIONS
317. Exposure and abandonment of child under twelve years, by parent or person having care of it.
318. Concealment of birth by secret disposal of dead body.
Of Hurt
319. Hurt.
320. Grievous hurt.
321. Voluntarily causing hurt.
322. Voluntarily causing grievous hurt.
323. Punishment for voluntarily causing hurt.
324. Voluntarily causing hurt by dangerous weapons or means.
325. Punishment for voluntarily causing grievous hurt.
326. Voluntarily causing grievous hurt by dangerous weapons or means.
326A. Voluntarily causing grievous hurt by use of acid, etc.
326B. Voluntarily throwing or attempting to throw acid.
327. Voluntarily causing hurt to extort property, or to constrain to an illegal act.
328. Causing hurt by means of poison, etc., with intent to commit an offence.
329. Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act.
330. Voluntarily causing hurt to extort confession, or to compel restoration of property.
331. Voluntarily causing grievous hurt to extort confession, or to compel restoration of property.
332. Voluntarily causing hurt to deter public servant from his duty.
333. Voluntarily causing grievous hurt to deter public servant from his duty.
334. Voluntarily causing hurt on provocation.
335. Voluntarily causing grievous hurt on provocation.
336. Act endangering life or personal safety of others.
337. Causing hurt by act endangering life or personal safety of others.
338. Causing grievous hurt by act endangering life or personal safety of others.
Of wrongful restraint and wrongful confinement
339. Wrongful restraint.
340. Wrongful confinement.
341. Punishment for wrongful restraint.
342. Punishment for wrongful confinement.
343. Wrongful confinement for three or more days.
344. Wrongful confinement for ten or more days.
345. Wrongful confinement of person for whose liberation writ has been issued.
346. Wrongful confinement in secret.
347. Wrongful confinement to extort property, or constrain to illegal act.
348. Wrongful confinement to extort confession, or compel restoration of property.
Of Criminal Force and Assault
349. Force.
350. Criminal force.
351. Assault.
352. Punishment for assault or criminal force otherwise than on grave provocation.
353. Assault or criminal force to deter public servant from discharge of his duty.
354. Assault of criminal force to woman with intent to outrage her modesty.
354A. Sexual harassment and punishment for sexual harassment.
354B. Assault or use of criminal force to woman with intent to disrobe.
354C. Voyeurism.
354D. Stalking.
355. Assault or criminal force with intent to dishonour person, otherwise than on grave provocation.
356. Assault or criminal force in attempt to commit theft of property carried by a person.
357. Assault or criminal force in attempt wrongfully to confine a person.
358. Assault or criminal force on grave provocation.
Of Kidnapping, Abduction, Slavery and Forced Labour
359. Kidnapping.
360. Kidnapping from India.
361. Kidnapping from lawful guardianship.
362. Abduction.
363. Punishment for kidnapping.
363A. Kidnapping or maiming a minor for purposes of begging.
364. Kidnapping or abducting in order to murder.
10
SECTIONS
364A. Kidnapping for ransom, etc.
365. Kidnapping or abducting with intent secretly and wrongfully to confine person.
366. Kidnapping, abducting or inducing woman to compel her marriage, etc.
366A. Procuration of minor girl.
366B. Importation of girl from foreign country.
367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.
368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person.
369. Kidnapping or abducting child under ten years with intent to steal from its person.
370. Trafficking of person.
370A. Exploitation of a trafficked person.
371. Habitual dealing in slaves.
372. Selling minor for purposes of prostitution, etc.
373. Buying minor for purposes of prostitution, etc.
374. Unlawful compulsory labour.
Sexual offences
375. Rape.
376. Punishment for rape.
376A. Punishment for causing death or resulting in persistent vegetative state of victim.
376B. Sexual intercourse by husband upon his wife during separation.
376C. Sexual intercourse by a person in authority.
376D. Gang rape.
376DA.Punishment for gang rape on woman under sixteen years of age.
376DB.Punishment for gang rape on woman under twelve years of age.
376E. Punishment for repeat offenders.
Of Unnatural offences
377. Unnatural offences.

378. Theft.
379. Punishment for theft.
380. Theft in dwelling house, etc.
381. Theft by clerk or servant of property in possession of master.
382. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft.
Of Extortion
383. Extortion.
384. Punishment for extortion.
385. Putting person in fear of injury in order to commit extortion.
386. Extortion by putting a person in fear of death on grievous hurt.
387. Putting person in fear of death or of grievous hurt, in order to commit extortion.
388. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.
389. Putting person in fear of accusation of offence, in order to commit extortion.
Of Robbery and Dacoity
390. Robbery.
When theft is robbery.
When extortion is robbery.
391. Dacoity.
392. Punishment for robbery.
393. Attempt to commit robbery.
394. Voluntarily causing hurt in committing robbery.
395. Punishment for dacoity.
396. Dacoity with murder.
397. Robbery, or dacoity, with attempt to cause death or grievous hurt.
398. Attempt to commit robbery or dacoity when armed with deadly weapon.
399. Making preparation to commit dacoity.
400. Punishment for belonging to gang of dacoits.
401. Punishment for belonging to gang of thieves.
402. Assembling for purpose of committing dacoity.
11
Of Criminal Misappropriation of Property
SECTIONS
403. Dishonest misappropriation of property.
404. Dishonest misappropriation of property possessed by deceased person at the time of his death.
Of Criminal Breach of Trust
405. Criminal breach of trust.
406. Punishment for criminal breach of trust.
407. Criminal breach of trust by carrier, etc.
408. Criminal breach of trust by clerk or servant.
409. Criminal breach of trust by public, servant. or by banker, merchant or agent.
Of the Receiving of Stolen Property
410. Stolen property.
411. Dishonestly receiving stolen property.
412. Dishonestly receiving property stolen in the commission of a dacoity.
413. Habitually dealing in stolen property.
414. Assisting in concealment of stolen property.
Of Cheating
415. Cheating.
416. Cheating by personation.
417. Punishment for cheating.
418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect.
419. Punishment for cheating by personation.
420. Cheating and dishonestly inducing delivery of property.
Of Fraudulent Deeds and Dispositions of Property
421. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditor.
422. Dishonestly or fraudulently preventing debt being available for creditors.
423. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.
424. Dishonest or fraudulent removal or concealment of property.
Of Mischief
425. Mischief.
426. Punishment for mischief.
427. Mischief causing damage to the amount of fifty rupees.
428. Mischief by killing or maiming animal of the value of ten rupees.
429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees.
430. Mischief by injury to works of irrigation or by wrongfully diverting water.
431. Mischief by injury to public road, bridge, river or channel.
432. Mischief by causing inundation or obstruction to public drainage attended with damage.
433. Mischief by destroying, moving or rendering less useful a light-house or sea-mark.
434. Mischief by destroying or moving, etc., a land-mark fixed by public authority.
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.
436. Mischief by fire or explosive substance with intent to destroy house, etc.
437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden.
438. Punishment for the mischief described in section 437 committed by fire or explosive substance.
439. Punishment for intentionally running vessel agroun, or ashore with intent to commit theft, etc.
440. Mischief committed after preparation made for causing death or hurt.
Of Criminal Trespass
441. Criminal trespass.
442. House-trespass.
443. Lurking house-trespass.
444. Lurking house-trespass by night.
445. House-breaking.
446. House-breaking by night.
447. Punishment for criminal trespass.
448. Punishment for house-trespass.
449. House-trespass in order to commit offence punishable with death.
450. House-trespass in order to commit offence punishable with imprisonment for life.
451. House-trespass in order to commit offence punishable with imprisonment.
12
SECTIONS
452. House-trespass after preparation for hurt, assault or wrongful restraint.
453. Punishment for lurking house-trespass or house-breaking.
454. Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment.
455. Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint.
456. Punishment for lurking house-trespass or house-breaking by night.
457. Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment.
458. Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint.
459. Grievous hurt caused whilst committing lurking house-trespass or house-breaking.
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.
461. Dishonestly breaking open receptacle containing property.
462. Punishment for same offence when committed by person entrusted with custody

463. Forgery.
464. Making a false document.
465. Punishment for forgery.
466. Forgery of record of Court or of public register, etc.
467. Forgery of valuable security, will, etc.
468. Forgery for purpose of cheating.
469. Forgery for purpose of harming reputation.
470. Forged document.
471. Using as genuine a forged document or electronic record.
472. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467.
473. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise.
474. Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it as
genuine.
475. Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit
marked material.
476. Counterfeiting device or mark used for authenticating documents other than those described in section 467, or
possessing counterfeit marked material.
477. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.
477A. Falsification of accounts.
Of Property and Other Marks
478. [Repealed.]
479. Property mark.
480. [Repealed.]
481. Using a false property mark.
482. Punishment for using a false property mark.
483. Counterfeiting a property mark used by another.
484. Counterfeiting a mark used by a public servant.
485. Making or possession of any instrument for counterfeiting a property mark.
486. Selling goods marked with a counterfeit property mark.
487. Making a false mark upon any receptacle containing goods.
488. Punishment for making use of any such false mark.
489. Tampering with property mark with intent to cause injury.
Of Currency-Notes and Bank-Notes
489A.Counterfeiting currency-notes or bank-notes.
489B. Using as genuine, forged or counterfeit currency-notes or bank-notes.
489C. Possession of forged or counterfeit currency notes or bank-notes.
489D. Making or possessing instruments or materials for forging or counterfeiting currency-notes or bank-notes.
489E. Making or using documents resembling currency-notes or bank-notes.

490. [Repealed.].
491. Breach of contract to attend on and supply wants of helpless person.
492. [Repealed.].

493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.
494. Marrying again during life-time of husband or wife.
495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.
496. Marriage ceremony fraudulently gone through without lawful marriage.
497. Adultery.
498. Enticing or taking away or detaining with criminal intent a married woman

498A. Husband or relative of husband of a woman subjecting her to cruelty

499. Defamation.
Imputation of truth which public good requires to be made or published.
Public conduct of public servants.
Conduct of any person touching any public question.
Publication of reports of proceedings of Courts.
Merits of case decided in Court or conduct of witnesses and others concerned.
Merits of public performance.
Censure passed in good faith by person having lawful authority over another.
Accusation preferred in good faith to authorised person.
Imputation made in good faith by person for protection of his or other’s interests.
Caution intended for good of person to whom conveyed or for public good.
500. Punishment for defamation.
501. Printing or engraving matter known to be defamatory.
502. Sale of printed or engraved substance containing defamatory matter.

503. Criminal intimidation.
504. Intentional insult with intent to provoke breach of the peace.
505. Statements conducing to public mischief.
Statements creating or promoting enmity, hatred or ill-will between classes.
Offence under sub-section (2) committed in place of worship, etc.
506. Punishment for criminal intimidation.
If threat be to cause death or grievous hurt, etc.
507. Criminal intimidation by an anonymous communication.
508. Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure.
509. Word, gesture or act intended to insult the modesty of a woman.
510. Misconduct in public by a drunken person

511. Punishment for attempting to commit offences punishable with imprisonment for life or other
imprisonment.

Preamble.—WHEREAS it is expedient to provide a general Penal Code for 2
[India]; It is
enacted as follows:—
1. Title and extent of operation of the Code.—This Act shall be called the Indian Penal Code, and
shall 3
[extend to the whole of India 4
[except the State of Jammu and Kashmir]].
2. Punishment of offences committed within India.—Every person shall be liable to punishment
under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which
he shall be guilty within 5
[India] 6
****.
3. Punishment of offences committed beyond, but which by law may be tried within, India.—
Any person liable, by any 7
[Indian law], to be tried for an offence committed beyond 8
[India] shall be
dealt with according to the provisions of this Code for any act committed beyond 8
[India] in the same
manner as if such act had been committed within 5
[India].
9
[4. Extension of Code to extra-territorial offences.—The provisions of this Code apply also to any
offence committed by—
10[(1) any citizen of India in any place without and beyond India;
(2) any person on any ship or aircraft registered in India wherever it may be.]
11[(3) any person in any place without and beyond India committing offence targeting a computer
resource located in India.]
12[Explanation.—In this section—
(a) the word “offence” includes every act committed outside India which, if committed in
India, would be punishable under this Code;

1. The Indian Penal Code has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and has been declared in force
in—
Sonthal Parganas, by the Sonthal Parganas Settlement Regulation 1872 (3 of 1872) s. 2;
Panth Piploda, by the Panth Piploda Laws Regulation, 1929 (1 of 1929), s. 2 and the Sch.;
Khondmals District, by the Khondmals Laws Regulation, 1936 (4 of 1936), s. 3 and the Sch; and
Angul District, by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and the Sch.
It has been declared under s. 3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following
Scheduled Districts, namely: the United Provinces Tarai Districts, see Gazette of India, 1876, Pt. I, p. 505; the Districts of
Hazaribagh, Lohardaga [now called the Ranchi District, see Calcutta Gazetta, 1899, Pt. I, p. 44] and Manbhum and
Pargana Dhalbhum and the Kolhan in the District of Singhbum—see Gazette of India, 1881, Pt. I, p. 504.
It has been extended under s. 5 of the same Act to the Lushai Hills—see Gazette of India, 1898, Pt. II, p. 345.
The Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Sch; to Dadra and Nagar Haveli by Reg. 6
of 1963, s. 2 and Sch. I.; to Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I and to Lakshadweep by Reg. 8 of 1965, s. 3 and Sch.
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. The Original words have successively been amended by Act 12 of 1891, s. 2 and Sch. I, the A.O. 1937, the A.O. 1948 and the
A.O. 1950 to read as above.
4. Subs. by Act 3 of 1951, s. 3 and the Sch., for “except Part B States”.
5. The original words “the said territories” have successively been amended by the A.O. 1937, the A.O. 1948, the A.O 1950 and
Act 3 of 1951, s. 3 and the Sch., to read as above.
6. The words and figures “on or after the said first day of May, 1861” rep. by Act 12 of 1891, s. 2 and the First Sch.
7. Subs. by the A.O. 1937, for “law passed by the Governor General of India in Council”.
8. The Original words “the limits of the said territories” have successively been amended by the A.O. 1937, the A.O.1948,
the A.O. 1950 and Act 3 of 1951, s. 3 and the Sch., to read as above.
9. Subs. by Act 4 of 1898, s. 2, for section 4.
10. Subs. by the A.O. 1950, for cls. (1) to (4).
11. Ins. by Act 10 of 2009, s. 51 (w.e.f. 27-10-2009).
12. Subs. by s. 51, ibid., for the Explanation (w.e.f. 27-10-2009).
15
(b) the expression “computer resource” shall have the meaning assigned to it in clause (k) of
sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000);]
1
[Illustration]
2
***A, 3
[who is 4
[a citizen of India]], commits a murder in Uganda. He can be tried and convicted of
of murder in any place in 5
[India] in which he may be found.
6
* * * * *
7
[5. Certain laws not to be affected by this Act.—Nothing in this Act shall affect the provisions of
any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the
Government of India or the provisions of any special or local law.]

6. Definitions in the Code to be understood subject to exceptions.—Throughout this Code every
definition of an offence, every penal provision, and every illustration of every such definition or penal
provision, shall be understood subject to the exceptions contained in the Chapter entitled “General
Exceptions”, though those exceptions are not repeated in such definition, penal provision, or illustration.
Illustrations
(a) The sections, in this Code, which contain definitions of offences, do not express that a child under seven years of age
cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that
nothing shall be an offence which is done by a child under seven years of age.
(b) A, a police-officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of
wrongful confinement; for he was bound by law to apprehend Z, and therefore the case falls within the general exception which
provides that “nothing is an offence which is done by a person who is bound by law to do it”.
7. Sense of expression once explained.—Every expression which is explained in any part of this
Code, is used in every part of this Code in conformity with the explanation.
8. Gender.—The pronoun “he” and its derivatives are used of any person, whether male or female.
9. Number.—Unless the contrary appears from the context, words importing the singular number
include the plural number, and words importing the plural number include the singular number.
10. “Man”. “Woman”.—The word “man” denotes a male human being of any age; the word
“woman” denotes a female human being of any age.
11. “Person”.—The word “person” includes any Company or Association or body of persons,
whether incorporated or not.
12. “Public”.—The word “public” includes any class of the public or any community.
13. [Definition of “Queen”.] Omitted by the A. O. 1950.
8
[14. “Servant of Government”.—The words “servant of Government” denote any officer or servant
servant continued, appointed or employed in India by or under the authority of Government.]
15. [Definition of “British India”.] Rep. by the A. O. 1937.
16. [Definition of “Government of India”.] Rep., ibid.

1. Subs. by Act 36 of 1957, s. 3 and Schedule II, for “lllustrations”
2. The brackets and letter “(a)” omitted by s. 3 and the Second Sch., ibid.
3. Subs. by the A.O. 1948, for “a coolie, who is a Native Indian subject”
4. Subs. by the A.O. 1950, for “a British subject of Indian domicile”.
5. The words “British India” have been successively amended by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, s. 3 and
the Sch., to read as above.
6. Illustrations (b), (c) and (d) omitted by the A.O. 1950.
7. Subs., ibid., for section 5.
8. Subs., ibid., for section 14.
16
1
[17 “Government”.—The word “Government” denotes the Central Government or the Government
of a 2
***State.]
3
[18. “India”.—“India” means the territory of India excluding the State of Jammu and Kashmir.]
19. “Judge”.—The word “Judge” denotes not only every person who is officially designated as a
Judge, but also every person.
who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or
a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by
some other authority, would be definitive, or
who is one of a body or persons, which body of persons is empowered by law to give such a
judgment.
Illustrations
(a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge.
(b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment,
with or without appear, is a Judge.
(c) A member of a panchayat which has power, under 4Regulation VII, 1816, of the Madras Code, to try and determine suits,
suits, is a Judge.
(d) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another
Court, is not a Judge.
20. “Court of Justice”.—The words “Court of Jutsice” denote a Judge who is empowered by law to
act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when
such Judge or body of Judges is acting judicially.
Illustration
A Panchayat acting under 4Regulation VII, 1816, of the Madras Code, having power to try and determine suits, is a Court of
Justice.
21. “Public servant”.—The words “public servant” denote a person falling under any of the
descriptions hereinafter following, namely:—
5
* * * * *
Second.—Every Commissioned Officer in the Military, 6
[Naval or Air] Forces 7
[
8
*** of India];
9
[Third.—Every Judge including any person empowered by law to discharge, whether by himself or
as a member of any body of persons, any adjudicatory functions;]
Fourth.—Every officer of a Court of Justice 10[(including a liquidator, receiver or commissioner)]
whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make,
authenticate, or keep any document, or to take charge or dispose of any property, or to execute any
judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every
person specially authorised by a Court of Justice to perform any of such duties;
Fifth.—Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public
servant;

1. Subs. by the A.O. 1950, for section 17.
2. The word and letter “Part A” omitted by Act 3 of 1951, s. 3 and the Sch.
3. Subs. by s. 3 and the Sch., ibid., for s. 18 which was ins. by the A.O. 1950. The Original s. 18 was rep. by the A.O. 1937.
4. Rep. by the Madras Civil Courts Act, 1873 (3 of 1873).
5.Cl. First omitted by the A.O. 1950.
6. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “or Naval”.
7. The original words “of the Queen while serving under the Government of India, or any Government” have successively been
amended by the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above.
8. The words “of the Dominion” omitted by the A.O. 1950.
9. Subs. by Act 40 of 1964, s. 2, for cl. Third.
10. Ins. by s. 2, ibid.
17
Sixth.—Every arbitrator or other person to whom any cause or matter has been referred for decision
or report by any Court of Justice, or by any other competent public authority;
Seventh.—Every person who holds any office by virtue of which he is empowered to place or keep
any person in confinement;
Eighth.—Every officer of 1
[the Government] whose duty it is, as such officer, to prevent offences, to
give information of offences, to bring offenders to justice, or to protect the public health, safety or
convenience;
Ninth.—Every officer whose duty it is as such officer, to take, receive, keep or expend any property
on behalf of 1
[the Government], or to make any survey, assessment or contract on behalf of 1
[the
Government], or to execute any revenue-process, or to investigate, or to report, on any matter affecting
the pecuniary interests of 1
[the Government], or to make, authenticate or keep any document relating to
the pecuniary interests of 1
[the Government], or to prevent the infraction of any law for the protection of
the pecuniary interests of 1
[the Government] 2
***;
Tenth.—Every officer whose duty it is, as such officer, to take, receive, keep or expend any property,
to make any survey or assessment or to levy any rate or tax for any secular common purpose of any
village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights
of the people of any village, town or district;
3
[Eleventh.—Every person who holds any office in virtue of which he is empowered to prepare,
publish, maintain or revise an electoral roll or to conduct an election or part of an election;]
4
[Twelfth.—Every person—
(a) in the service or pay of the Government or remunerated by fees or commission for the
performance of any public duty by the Government;
(b) in the service or pay of a local authority, a corporation established by or under a Central,
Provincial or State Act or a Government company as defined in section 617 of the Companies
Act, 1956 (1 of 1956).]
Illustration
A Municipal Commissioner is a public servant.
Explanation 1.—Persons falling under any of the above descriptions are public servants, whether
appointed by the Government or not.
Explanation 2.—Wherever the words “public servant” occur, they shall be understood of every
person who is in actual possession of the situation of a public servant, whatever legal defect there may be
in his right to hold that situation.
3
[Explanation 3.—The word “election” denotes an election for the purpose of selecting members of
any legislative, municipal or other public authority, of whatever character, the method of selection to
which is by, or under, any law prescribed as by election.]
5
* * * * *
22. “Movable property”.—The words “movable property” are intended to include corporeal
property of every description, except land and things attached to the earth or permanently fastened to
anything which is attached to the earth.
23. “Wrongful gain”.—“Wrongful gain” is gain by unlawful means of property to which the person
gaining is not legally entitled.
“Wrongful loss”.—“Wrongful loss” is the loss by unlawful means of property to which the person
losing it is legally entitled.

1. Subs. by the A.O. 1950, for “the Crown” which had been subs. by the A.O. 1937, for “Government”.
2. Certain words omitted by Act 40 of 1964, s. 2.
3. Ins. by Act 39 of 1920, s. 2.
4. Subs. by Act 40 of 1964, s. 2, for Cl. Twelfth.
5. Explanation 4 omitted by Act 39 of 1920, s. 2.
18
Gaining wrongfully/Losing wrongfully.—A person is said to gain wrongfully when such person
retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully
when such person is wrongfully kept out of any property, as well as when such person is wrongfully
deprived of property.
24. “Dishonestly”.—Whoever does anything with the intention of causing wrongful gain to one
person or wrongful loss to another person, is said to do that thing “dishonestly”.
25. “Fraudulently”.—A person is said to do a thing fraudulently if he does that thing with intent to
defraud but not otherwise.
26. “Reason to believe”.—A person is said to have “reason to believe” a thing, if he has sufficient
cause to believe that thing but not otherwise.
27. “Property in possession of wife, clerk or servant”.—When property is in the possession of a
person’s wife, clerk or servant, on account of that person, it is in that person’s possession within the
meaning of this Code.
Explanation.—A person employed temporarily or on a particular occasion in the capacity of a clerk
or servant, is a clerk or servant within the meaning of this section.
28. “Counterfeit”.—A person is said to “counterfeit” who causes one thing to resemble another
thing, intending by means of that resemblance to practise deception, or knowing it to be likely that
deception will thereby be practised.
1
[Explanation 1.—It is not essential to counterfeiting that the imitation should be exact.
Explanation 2.—When a person causes one thing to resemble another thing, and the resemblance is
such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the
person so causing the one thing to resemble the other thing intended by means of that resemblance to
practise deception or knew it to be likely that deception would thereby be practised.]
29. “Document”.—The word “document” denotes any matter expressed or described upon any
substance by means of letters, figures or marks, or by more than one of those means, intended to be used,
or which may be used, as evidence of that matter.
Explanation 1.—It is immaterial by what means or upon what substance the letters, figures or marks
are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not.
Illustrations
A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document.
A cheque upon a banker is a document.
A power-of-attorney is a document.
A map or plan which is intended to be used or which may be used as evidence, is a document.
A writing containing directions or instructions is a document.
Explanation 2.—Whatever is expressed by means of letters, figures or marks as explained by
mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the
meaning of this section, although the same may not be actually expressed.
Illustration
A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by
mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and must be construed in the same
manner as if the words “pay to the holder” or words to that effect had been written over the signature.
2
[29A. “Electronic record”.—The words “electronic record” shall have the meaning assigned to
them in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).]
30. “Valuable security”.—The words “valuable security” denote a document which is, or purports to
be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or

1. Subs. by Act 1 of 1889, s. 9, for the Explanation.
2. Ins. by Act 21 of 2000, s. 91 and the First Sch. (w.e.f. 17-10-2000).
19
released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal
right.
Illustration
A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any
person who may become the unlawful holder of it, the endorsement is a “valuable security”.
31. “A will”.—The words “a will” denote any testamentary document.
32. Words referring to acts include illegal omissions.—In every part of this Code, except where a
contrary intention appears from the context, words which refer to acts done extend also to illegal
omissions.
33. “Act”. “Omission”.—The word “act” denotes as well as series of acts as a single act: the word
“omission” denotes as well a series of omissions as a single omission.
1
[34. Acts done by several persons in furtherance of common intention.—When a criminal act is
done by several persons in furtherance of the common intention of all, each of such persons is liable for
that act in the same manner as if it were done by him alone.]
35. When such an act is criminal by reason of its being done with a criminal knowledge or
intention.—Whenever an act, which is criminal only by reason of its being done with a criminal
knowledge or intention, is done by several persons, each of such persons who joins in the act with such
knowledge or intention is liable for the act in the same manner as if the act were done by him alone with
that knowledge or intention.
36. Effect caused partly by act and partly by omission.—Wherever the causing of a certain effect,
or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the
causing of that effect partly by an act and partly by an omission is the same offence.
Illustration
A intentionally causes Z’s death, partly by illegally omitting to give Z food, and party by beating Z. A has committed
murder.
37. Co-operation by doing one of several acts constituting an offence.—When an offence is
committed by means of several acts, whoever intentionally co-operates in the commission of that offence
by doing any one of those acts, either singly or jointly with any other person, commits that offence.
Illustrations
(a) A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the
poison according to the agreement with intent to murder Z. Z dies from the effects the several doses of poison so administered to
him. Here A and B intentionally cooperate in the commission of murder and as each of them does an act by which the death is
caused, they are both guilty of the offence though their acts are separate.
(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours at a time. A and B,
intending to cause Z’s death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his
attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of
Z.
(c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to supply Z with food; in
consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from
his office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food, knowing that
he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder, but, as A did not co-operate with B. A is guilty
only of an attempt to commit murder.
38. Persons concerned in criminal act may be guilty of different offences.—Where several
persons are engaged or concerned in the commission of a criminal act, they may be guilty of different
offences by means of that act.
Illustration
A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not
amounting to murder. B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation,
assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of
culpable homicide.

1. Subs. by Act 27 of 1870, s. 1, for section 34.
20
39. “Voluntarily”.—A person is said to cause an effect “voluntarily” when he causes it by means
whereby he intended to cause it, or by means which, at the time of employing those means, he knew or
had reason to believe to be likely to cause it.
Illustration
A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death
of a person. Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; yet, if he
knew that he was likely to cause death, he has caused death voluntarily.
1
[40. “Offence”.—Except in the 2
[Chapters] and sections mentioned in clauses 2 and 3 of this section,
the word “offence” denotes a thing made punishable by this Code.
In Chapter IV, 3
[Chapter VA] and in the following sections, namely, sections 4
[64, 65, 66, 5
[67], 71],
109, 110, 112, 114, 115, 116, 117,6
[118, 119 and 120] 187, 194, 195, 203, 211, 213, 214, 221, 222, 223,
224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word “offence” denotes a thing
punishable under this Code, or under any special or local law as hereinafter defined.
And in sections 141, 176, 177, 201, 202, 212, 216 and 441, the word “offence” has the same meaning
when the thing punishable under the special or local law is punishable under such law with imprisonment
for a term of six months or upwards, whether with or without fine.]
41. “Special law”.—A “special law” is a law applicable to a particular subject.
42. “Local law”.—A “local law” is a law applicable only to a particular part of 7
[
8
***9
[India]].
43. “Illegal”. “Legally bound to do”.—The word “illegal” is applicable to everything which is an
offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to
be “legally bound to do” whatever it is illegal in him to omit.
44. “Injury”.—The word “injury” denotes any harm whatever illegally caused to any person, in
body, mind, reputation or property.
45. “Life”.—The word “life” denotes the life of a human being, unless the contrary appears from the
context.
46. “Death”.—The word “death” denotes the death of a human being unless the contrary appears
from the context.
47. “Animal”.—The word “animal” denotes any living creature, other than a human being.
48. “Vessel”.—The word “vessel” denotes anything made for the conveyance by water of human
beings or of property.
49. “Year”. “Month”.—Wherever the word “year” or the word “month” is used, it is to be
understood that the year or the month is to be reckoned according to the British calendar.
50. “Section”.—The word “section” denotes one of those portions of a Chapter of this Code which
are distinguished by prefixed numeral figures.
51. “Oath”.—The word “oath” includes a solemn affirmation substituted by law for an oath, and any
declaration required or authorised by law to be made before a public servant or to be used for the purpose
of proof, whether in a Court of Justice or not.
52. “Good faith”.—Nothing is said to be done or believed in “good faith” which is done or believed
without due care and attention.

1. Subs. by Act 27 of 1870, s. 2, for section 40.
2. Subs. by Act 8 of 1930, s. 2 and the First Sch., for “Chapter”.
3. Ins. by Act 8 of 1913, s. 2.
4. Ins. by Act 8 of 1882, s. 1.
5. Ins. by Act 10 of 1886, s. 21 (1).
6. Ins. by Act 10 of 2009, s. 51 (w.e.f. 27-10-2009).
7. Subs. by the A.O. 1948, for “British India”.
8. The words “the territories comprised in” omitted by Act 48 of 1952, s. 3 and the Second Sch.
9. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the States” which had been subs. by the A.O. 1950, for “the Provinces”.
21
1
[52A. “Harbour”.—Except in section 157, and in section 130 in the case in which the harbour is
given by the wife or husband of the person harboured, the word “harbour” includes the supplying a person
with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a
person by any means, whether of the same kind as those enumerated in this section or not, to evade
apprehension.]

53. Punishments.—The punishments to which offenders are liable under the provisions of this Code
are—
First.—Death;
2
[Secondly.—Imprisonment for life;]
3
* * * * *
Fourthly.—Imprisonment, which is of two descriptions, namely:—
(1) Rigorous, that is, with hard labour;
(2) Simple;
Fifthly.—Forfeiture of property;
Sixthly.—Fine.
4
[53A. Construction of reference to transportation.—(1) Subject to the provisions of
sub-section (2) and sub-section (3), any reference to “transportation for life” in any other law for the time
being in force or in any instrument or order having effect by virtue of any such law or of any enactment
repealed shall be construed as a reference to “imprisonment for life”.
(2) In every case in which a sentence of transportation for a term has been passed before the
commencement of the Code of Criminal Procedure (Amendment) Act, 5
[1955 (26 of 1955)], the offender
shall be dealt with in the same manner as if sentenced to rigorous imprisonment for the same term.
(3) Any reference to transportation for a term or to transportation for any shorter term (by whatever
name called) in any other law for the time being in force shall be deemed to have been omitted.
(4) Any reference to “transportation” in any other law for the time being in force shall,—
(a) if the expression means transportation for life, be construed as a reference to imprisonment for
life;
(b) if the expression means transportation for any shorter term, be deemed to have been omitted.]
54. Commutation of sentence of death.—In every case in which sentence of death shall have been
passed, 6
[the appropriate Government] may, without the consent of the offender, commute the punishment
punishment for any other punishment provided by this Code.
55. Commutation of sentence of imprisonment for life.—In every case in which sentence of
7
[imprisonment] for life shall have been passed, 8
[the appropriate Government] may, without the consent

1. Ins. by Act 8 of 1942, s. 2.
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “Secondly.—Transportation” (w.e.f. 1-1-1956).
3. Cl. Thirdly omitted by Act 17 of 1949, s. 2 (w.e.f. 6-4-1949).
4. Ins. by Act 26 of 1955, s. 117 and the Sch. (w.e.f. 1-1-1956).
5. Subs. by Act 36 of 1957, s. 3 and the Second Sch., for “1954”.
6. Subs. by the A.O. 1950, for “the Central Government or the Provincial Government of the Province within which the offender
shall have been sentenced”. The words in italics were subs. by the A.O. 1937, for “the Government of India or the Government
of the place”.
7. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation” (w.e.f. 1-1-1956).
8. Subs. by the A.O. 1950, for “the Provincial Government of the Province within which the offender shall have been sentenced”.
The words in italics were subs. by the A.O. 1937, for “the Government of India or the Government of the place”.
22
consent of the offender, commute the punishment for imprisonment of either description for a term not
exceeding fourteen years.
1
[55A. Definition of “appropriate Government”.—In sections fifty-four and fifty-five the
expression “appropriate Government” means,—
(a) in cases where the sentence is a sentence of death or is for an offence against any law relating
to a matter to which the executive power of the Union extends, the Central Government; and
(b) in cases where the sentence (whether of death or not) is for an offence against any law relating
to a matter to which the executive power of the State extends, the Government of the State within
which the offender is sentenced.]
56. [Sentence of Europeans and Americans to penal servitude. Proviso as to sentence for term
exceeding ten years but not for life.] Rep. by the Criminal Law (Removal of Racial Discriminations) Act,
1949 (17 of 1949) (w. e. f. 6-4-1949).
57. Fractions of terms of punishment.—In calculating fractions of terms of punishment,
2
[imprisonment] for life shall be reckoned as equivalent to2
[imprisonment] for twenty years.
58. [Offenders sentenced to transportation how dealt with until transported.] Rep. by the Code of
Criminal Procedure (Amendment) Act, 1955 (26 of 1955), s. 117 and the Sch. (w.e.f. 1-1-1956).
59. [Transportation instead of imprisonment.] Rep. by s.117 and the Sch., ibid. (w.e.f. 1-1-1956).
60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.—In
every case in which an offender is punishable with imprisonment which may be of either description, it
shall be competent to the Court which sentences such offender to direct in the sentence that such
imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part
of such imprisonment shall be rigorous and the rest simple.
61. [Sentence of forfeiture of property.] Rep. by the Indian Penal Code (Amendment) Act, 1921
(16 of 1921), s. 4.
62. [Forfeiture of property, in respect of offenders punishable with death, transportation or
imprisonment.] Rep. by s. 4 ibid.
63. Amount of fine.—Where no sum is expressed to which a fine may extend, the amount of fine to
which the offender is liable is unlimited, but shall not be excessive.
64. Sentence of imprisonment for non-payment of fine.—3
[In every case of an offence punishable
with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without
imprisonment,
and in every case of an offence punishable 4
[with imprisonment or fine, or] with fine only, in which
the offender is sentenced to a fine.]
it shall be competent to the Court which sentences such offender to direct by the sentence that, in
default of payment of the fine, the offender shall suffer imprisonment for a certain term, which
imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to
which he may be liable under a commutation of a sentence.
65. Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable.—
The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall
not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the
offence be punishable with imprisonment as well as fine.
66. Description of imprisonment for non-payment of fine.—The imprisonment which the Court
imposes in default of payment of a fine may be of any description to which the offender might have been
sentenced for the offence.

1. Subs. by the A. O 1950. Earlier ins by the A. O. 1937.
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation” (w.e.f. 1-1-1956).
3. Subs. by Act 8 of 1882, s. 2, for “In every case in which an offender is sentenced to a fine”.
4. Ins. by Act 10 of 1886, s. 21 (2).
23
67. Imprisonment for non-payment of fine, when offence punishable with fine only.—If the
offence be punishable with fine only, 1
[the imprisonment which the Court imposes in default of payment
of the fine shall be simple, and] the term for which the Court directs the offender to be imprisoned, in
default of payment of fine, shall not exceed the following scale, that is to say, for any term not exceeding
two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding
four months when the amount shall not exceed one hundred rupees, and for any term not exceeding six
months in any other case.
68. Imprisonment to terminate on payment of fine.—The imprisonment which is imposed in
default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law.
69. Termination of imprisonment on payment of proportional part of fine.—If, before the
expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid
or levied that the term of imprisonment suffered in default of payment is not less than proportional to the
part of the fine still unpaid, the imprisonment shall terminate.
Illustration
A is sentenced to a fine of one hundred rupees and to four months’ imprisonment in default of payment. Here, if seventy-five
rupees of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the
first month has expired. If seventy-five rupees be paid or levied at the time of the expiration of the first month, or at any later
time while A continues in imprisonment, A will be immediately discharged. If fifty rupees of the fine be paid or levied before the
expiration of two months of the imprisonment. A will be discharged as soon as the two months are completed. If fifty rupees be
paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be
immediately discharged.
70. Fine leviable within six years, of during imprisonment. Death not to discharge property
from liability.—The fine, or any part thereof which remains unpaid, may be levied at any time within six
years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment
for a longer period than six years, then at any time previous to the expiration of that period; and the death
of the offender does not discharge from the liability any property which would, after his death, be legally
liable for his debts.
71. Limit of punishment of offence made up of several offences.—Where anything which is an
offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with
the punishment of more than one of such his offences, unless it be so expressly provided.
2
[Where anything is an offence falling within two or more separate definitions of any law in force for
the time being by which offences are defined or punished, or
where several acts, of which one or more than one would by itself or themselves constitute an
offence, constitute, when combined, a different offence,
the offender shall not be punished with a more severe punishment than the Court which tries him
could award for any one of such offences].
Illustrations
(a) A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the
whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow,
he might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating.
(b) But, if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given to Y is no part of the act
whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the
blow given to Y.
72. Punishment of person guilty of one of several offences, the judgment stating that it is
doubtful of which.—In all cases in which judgment is given that a person is guilty of one of several
offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the
offender shall be punished for the offence for which the lowest punishment is provided if the same
punishment is not provided for all.

1. Ins. by Act 8 of 1882, s. 3.
2. Added by s. 4, ibid.
24
73. Solitary confinement.—Whenever any person is convicted of an offence for which under this
Code the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence,
order that the offender shall be kept in solitary confinement for any portion or portions of the
imprisonment to which he is sentenced, not exceeding three months in the whole, according to the
following scale, that is to say—
a time not exceeding one month if the term of imprisonment shall not exceed six months;
a time not exceeding two months if the term of imprisonment shall exceed six months and1
[shall not
exceed one] year
a time not exceeding three months if the term of imprisonment shall exceed one year.
74. Limit of solitary confinement.—In executing a sentence of solitary confinement, such
confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary
confinement of not less duration than such periods; and when the imprisonment awarded shall exceed
three months, the solitary confinement shall not exceed seven days in any one month of the whole
imprisonment awarded, with intervals between the periods of solitary confinement of not less duration
than such periods.
2
[75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after
previous conviction.—Whoever, having been convicted,—
(a) by a Court in 3
[India], of an offence punishable under Chapter XII or Chapter XVII of this
Code with imprisonment of either description for a term of three years or upwards, 4
***
5
* * * * *
shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the
like term, shall be subject for every such subsequent offence to 6
[imprisonment for life], or to
imprisonment of either description for a term which may extend to ten years.]

76. Act done by a person bound, or by mistake of fact believing himself bound, by law.—
Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by
reason of a mistake of law in good faith believes himself to be, bound by law to do it.
Illustrations
(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has
committed no offence.
(b) A, an officer of a Court of Justice, being ordered by that Court to arrest Y, and after due enquiry, believing Z to be Y,
arrests Z. A has committed no offence.
77. Act of Judge when acting judicially.—Nothing is an offence which is done by a Judge when
acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to
him by law.
78. Act done pursuant to the judgment or order of Court.—Nothing which is done in pursuance
of, or which is warranted by the judgment or order of, a Court of Justice; if done whilst such judgment or
order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such
judgment or order, provided the person doing the act in good faith believes that the Court had such
jurisdiction.

1. Subs. by Act 8 of 1862, s. 5, for “be less than a”.
2. Subs. by Act 3 of 1910, s. 2, for section 75.
3. 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.
4. The word “or” omitted by Act 3 of 1951, s. 3 and the Sch.
5. Cl. (b) omitted by s. 3 and the Sch., ibid.
6. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
25
79. Act done by a person justified, or by mistake of fact believing himself, justified, by law.—
Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake
of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in
doing it.
Illustration
A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of
the power which the law gives to all persons of apprehending murderers in the fact, seizes Z, in order to bring Z before the proper
authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.
80. Accident in doing a lawful act.—Nothing is an offence which is done by accident or misfortune,
and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful
means and with proper care and caution.
Illustration
A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper
caution on the part of A, his act is excusable and not an offence.
81. Act likely to cause harm, but done without criminal intent, and to prevent other harm.—
Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause
harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of
preventing or avoiding other harm to person or property.
Explanation.—It is a question of fact in such a case whether the harm to be prevented or avoided was
of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that
it was likely to cause harm.
Illustrations
(a) A, the captain of a steam vessel, suddenly, and without any fault or negligence on his part, finds himself in such a
position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board,
unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with
only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the
boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence,
though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of
fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down C.
(b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention
in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so
imminent as to excuse A’s act, A is not guilty of the offence.
82. Act of a child under seven years of age.—Nothing is an offence which is done by a child under
seven years of age.
83. Act of a child above seven and under twelve of immature understanding.—Nothing is an
offence which is done by a child above seven years of age and under twelve, who has not attained
sufficient maturity of understanding to judge of the nature and consequences of his conduct on that
occasion.
84. Act of a person of unsound mind.—Nothing is an offence which is done by a person who, at the
time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that
he is doing what is either wrong or contrary to law.
85. Act of a person incapable of judgment by reason of intoxication caused against his will.—
Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication,
incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to
law: provided that the thing which intoxicated him was administered to him without his knowledge or
against his will.
86. Offence requiring a particular intent or knowledge committed by one who is intoxicated.—
In cases where an act done is not an offence unless done with a particular knowledge or intent, a person
who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge
as he would have had if he had not been intoxicated, unless the thing which intoxicated him was
administered to him without his knowledge or against his will.
26
87. Act not intended and not known to be likely to cause death or grievous hurt, done by
consent.—Nothing which is not intended to cause death, or grievous hurt, and which is not known by the
doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause,
or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent,
whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the
doer to be likely to cause to any such person who has consented to take the risk of that harm.
Illustration
A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm
which, in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no
offence.
88. Act not intended to cause death, done by consent in good faith for person’s benefit.—
Nothing, which is not intented to cause death, is an offence by reason of any harm which it may cause, or
be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose
benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that
harm, or to take the risk of that harm.
Illustration
A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint,
but not intending to cause Z’s death, and intending, in good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A
has committed no offence.
89. Act done in good faith for benefit of child or insane person, by or by consent of guardian.—
Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound
mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of
that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause
or be known by the doer to be likely to cause to that person: Provided—
Provisos. First.—That this exception shall not extend to the intentional causing of death, or to the
attempting to cause death;
Secondly.—That this exception shall not extend to the doing of anything which the person doing
it knows to be likely to cause death, for any purpose other than the preventing of death or grievous
hurt, or the curing of any grievous disease or infirmity;
Thirdly.—That this exception shall not extend to the voluntary causing of grievous hurt, or to the
attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or
the curing of any grievous disease or infirmity;
Fourthly.—That this exception shall not extend to the abetment of any offence, to the committing
of which offence it would not extend.
Illustration
A, in good faith, for his child’s benefit without his child’s consent, has his child cut for the stone by a surgeon knowing it to
be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception,
inasmuch as his object was the cure of the child.
90. Consent known to be given under fear or misconception.—A consent is not such a consent as
is intended by any section of this Code, if the consent is given by a person under fear of injury, or under a
misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent
was given in consequence of such fear or misconception; or
Consent of insane person.—if the consent is given by a person who, from unsoundness of mind, or
intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or
Consent of child.—unless the contrary appears from the context, if the consent is given by a person
who is under twelve years of age.
91. Exclusion of acts which are offences independently of harm cause.—The exceptions in
sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they
may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or
on whose behalf the consent is given.
27
Illustration
Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is offence independently
of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence “by reason of such harm”;
and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act.
92. Act done in good faith for benefit of a person without consent.—Nothing is an offence by
reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without
that person’s consent, if the circumstances are such that it is impossible for that person to signify consent,
or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of
him from whom it is possible to obtain consent in time for the thing to be done with benefit: Provided—
Provisos. First.—That this exception shall not extend to the intentional causing of death, or the
attempting to cause death;
Secondly.—That this exception shall not extend to the doing of anything which the person doing it
knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or
the curing of any grievous disease or infirmity;
Thirdly.—That this exception shall not extend to the voluntary causing of hurt, or to the attempting to
cause hurt, for any purpose other than the preventing of death or hurt;
Fourthly.—That this exception shall not extend to the abetment of any offence, to the committing of
which offence it would not extend.
Illustrations
(a) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A, not intending Z’s
death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed
no offence.
(b) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z,
and in good faith intending Z’s benefit. A’s ball gives Z a mortal wound. A has committed no offence.
(c) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed.
There is not time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in
good faith, the child’s benefit. A has committed no offence.
(d) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the housestop,
knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child’s
benefit. Here, even if the child is killed by the fall, A has committed no offence.
Explanation.—Mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and 92.
93. Communication made in good faith.—No communication made in good faith is an offence by
reason of any harm to the person to whom it is made, if it is made for the benefit of that person.
Illustration
A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the
shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death.
94. Act to which a person is compelled by threats.—Except murder, and offences against the State
punishable with death, nothing is an offence which is done by a person who is compelled to do it by
threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person
will otherwise be the consequence: Provided the person doing the act did not of his own accord, or from a
reasonable apprehension of harm to himself short of instant death, place himself in the situation by which
he became subject to such constraint.
Explanation 1.—A person who, of his own accord, or by reason of a threat of being beaten, joins a
gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of
his having been compelled by his associates to do anything that is an offence by law.
Explanation 2.—A person seized by a gang of dacoits, and forced, by threat of instant death, to do a
thing which is an offence by law; for example, a smith compelled to take his tools and to force the door of
a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.
28
95. Act causing slight harm.—Nothing is an offence by reason that it causes, or that it is intended to
cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of
ordinary sense and temper would complain of such harm.
Of the Right of Private Defence
96. Things done in private defence.—Nothing is an offence which is done in the exercise of the
right of private defence.
97. Right of private defence of the body and of property.—Every person has a right, subject to the
restrictions contained in section 99, to defend—
First.—His own body, and the body of any other person, against any offence affecting the human
body;
Secondly.—The property, whether movable or immovable, of himself or of any other person, against
any act which is an offence falling under the defintion of theft, robbery, mischief or criminal trespass, or
which is an attempt to commit theft, robbery, mischief or criminal trespass.
98. Right of private defence against the act of a person of unsound mind, etc.—When an act,
which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of
maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by
reason of any misconception on the part of that person, every person has the same right of private defence
against that act which he would have if the act were that offence.
Illustrations
(a) Z, under the influence of madness, attempts to kill A; Z is guilty of no offence. But A has the same right of private
defence which he would have if Z were sane.
(b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a house-breaker, attacks A.
Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z,
which he would have if Z were not acting under that misconception.
99. Acts against which there is no right of private defence.—There is no right of private defence
against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or
attempted to be done, by a public servant acting in good faith under colour of his office, though that act,
may not be strictly justifiable by law.
There is no right of private defence against an act which does not reasonably cause the apprehension
of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in
good faith under colour of his office, though that direction may not be strictly justifiable by law.
There is no right of private defence in cases in which there is time to have recourse to protection of
the public authorities.
Extent to which the right may be exercised.—The right of private defence in no case extends to the
inflicting of more harm than it is necessary to inflict for the purpose of defence.
Explanation 1.—A person is not deprived of the right of private defence against an act done, or
attempted to be done, by a public servant, as such, unless he knows or has reason to believe, that the
person doing the act is such public servant.
Explanation 2.—A person is not deprived of the right of private defence against an act done, or
attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that
the person doing the act is acting by such direction, or unless such person states the authority under which
he acts, or if he has authority in writing, unless he produces such authority, if demanded.
100. When the right of private defence of the body extends to causing death.—The right of
private defence of the body extends, under the restrictions mentioned in the last preceding section, to the
voluntary causing of death or of any other harm to the assailant, if the offence which occasions the
exercise of the right be of any of the descriptions hereinafter enumerated, namely:—
First.—Such an assault as may reasonably cause the apprehension that death will otherwise be the
consequence of such assault;
29
Secondly.—Such an assault as may reasonably cause the apprehension that grievous hurt will
otherwise be the consequence of such assault;
Thirdly.—An assault with the intention of committing rape;
Fourthly.—An assault with the intention of gratifying unnatural lust;
Fifthly.—An assault with the intention of kidnapping or abducting;
Sixthly.—An assault with the intention of wrongfully confining a person, under circumstances which
may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities
for his release.
1
[Seventhly.—An act of throwing or administering acid or an attempt to throw or administer acid
which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of
such act.]
101. When such right extends to causing any harm other than death.—If the offence be not of
any of the descriptions enumerated in the last preceding section, the right of private defence of the body
does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions
mentioned in section 99, to the voluntary causing to the assailant of any harm other than death.
102. Commencement and continuance of the right of private defence of the body.—The right of
private defence of the body commences as soon as a reasonable apprehension of danger to the body arises
from an attempt or threat to commit the offence though the offence may not have been committed; and it
continues as long as such apprehension of danger to the body continues.
103. When the right of private defence of property extends to causing death.—The right of
private defence of property extends, under the restrictions mentioned in section 99, to the voluntary
causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the
attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions
hereinafter enumerated, namely:—
First.—Robbery;
Secondly.—House-breaking by night;
Thirdly.—Mischief by fire committed on any building, tent or vessel, which building, tent or vessel is
used as a human dwelling, or as a place for the custody of property;
Fourthly.—Theft, mischief, or house-trespass, under such circumstances as may reasonably cause
apprehension that death or grievous hurt will be the consequence, if such right of private defence is not
exercised.
104. When such right extends to causing any harm other than death.—If the offence, the
committing of which, or the attempting to commit which occasions the exercise of the right of private
defence, be theft, mischief, or criminal trespass, not of any of the descriptions enumerated in the last
preceding section, that right does not extend to the voluntary causing of death, but does extend, subject to
the restrictions mentioned in section 99, to the voluntary causing to the wrong-doer of any harm other
than death.
105. Commencement and continuance of the right of private defence of property.—The right of
private defence of property commences when a reasonable apprehension of danger to the property
commences.
The right of private defence of property against theft continues till the offender has effected his retreat
with the property or either the assistance of the public authorities is obtained, or the property has been
recovered.
The right of private defence of property against robbery continues as long as the offender causes or
attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or
of instant hurt or of instant personal restraint continues.
The right of private defence of property against criminal trespass or mischief continues as long as the
offender continues in the commission of criminal trespass or mischief.

1. Ins. by Act 13 of 2013, s. 2 (w.e.f. 3-2-2013).
30
The right of private defence of property against house-breaking by night continues as long as the
house-trespass which has been begun by such house-breaking continues.
106. Right of private defence against deadly assault when there is risk of harm to innocent
person.—If in the exercise of the right of private defence against an assault which reasonably causes the
apprehension of death, the defender be so situated that he cannot effectually exercise that right without
risk of harm to an innocent person, his right of private defence extends to the running of that risk.
Illustration
A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing
on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if
by so firing he harms any of the children.

107. Abetment of a thing.—A person abets the doing of a thing, who—
First.—Instigates any person to do that thing; or
Secondly.—Engages with one or more other person or persons in any conspiracy for the doing of that
thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of
that thing; or
Thirdly.—Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material
fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing
to be done, is said to instigate the doing of that thing.
Illustration
A, a public officer, is authorised by a warrant from a Court of Justice to apprehend Z, B, knowing that fact and also that C is
not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the
apprehension of C.
Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in
order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid
the doing of that act.
108. Abettor.—A person abets an offence, who abets either the commission of an offence, or the
commission of an act which would be an offence, if committed by a person capable by law of committing
an offence with the same intention or knowledge as that of the abettor.
Explanation 1.—The abetment of the illegal omission of an act may amount to an offence although
the abettor may not himself be bound to do that act.
Explanation 2.—To constitute the offence of abetment it is not necessary that the act abetted should
be committed, or that the effect requisite to constitute the offence should be caused.
Illustrations
(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder.
(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of
instigating B to commit murder.
Explanation 3.—It is not necessary that the person abetted should be capable by law of committing an
offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty
intention or knowledge.
31
Illustrations
(a) A, with a guilty intention, abets a child or a lunatic to commit an act which would be an offence, if committed by a
person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or
not, is guilty of abetting an offence.
(b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z’s death.
B, in consequence of the abetment, does the act in the absence of A and thereby causes Z’s death. Here, though B was not capable
by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an
offence, and had committed murder, and he is therefore subject to the punishment of death.
(c) A instigates B to set fire to a dwelling-house. B, in consequence of the unsoundness of his mind, being incapable of
knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A’s
instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling-house, and is liable to
the punishment provided for that offence.
(d) A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A
induces B to believe that the property belongs to A. B takes the property out of Z’s possession, in good faith, believing it to be A’s
property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of
abetting theft, and is liable to the same punishment as if B had committed theft.
Explanation 4.—The abetment of an offence being an offence, the abetment of such an abetment is
also an offence.
Illustration
A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in
consequence of B’s instigation. B is liable to be punished for his offence with the punishment for murder; and, as A instigated B
to commit the offence, A is also liable to the same punishment.
Explanation 5.—It is not necessary to the commission of the offence of abetment by conspiracy that
the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the
conspiracy in pursuance of which the offence is committed.
Illustration
A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C
mentioning that a third person is to administer the poison, but without mentioning A’s name. C agrees to procure the poison, and
procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in
consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which
Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder.
1
[108A. Abetment in India of offences outside India.—A person abets an offence within the
meaning of this Code who, in 2
[India], abets the commission of any act without and beyond 2
[India]
which would constitute an offence if committed in 2
[India].
Illustration
A, in 2
[India], instigates B, a foreigner in Goa, to commit a murder in Goa, A is guilty of abetting murder.]
109. Punishment of abetment if the act abetted is committed in consequence and where no
express provision is made for its punishment.—Whoever abets any offence shall, if the act abetted is
committed in consequence of the abetment, and no express provision is made by this Code for the
punishment of such abetment, be punished with the punishment provided for the offence.
Explanation.—An act or offence is said to be committed in consequence of abetment, when it is
committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which
constitutes the abetment.
Illustrations
(a) A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B’s official functions. B
accepts the bribe. A has abetted the offence defined in section 161.

1. Added by Act 4 of 1898, s. 3.
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.
32
(b) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting
that offence, and is liable to the same punishment as B.
(c) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he
may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s
death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.
110. Punishment of abetment if person abetted does act with different intention from that of
abettor.—Whoever abets the commission of an offence shall, if the person abetted does the act with a
different intention or knowledge from that of the abettor, be punished with the punishment provided for
the offence which would have been committed if the act had been done with the intention or knowledge
of the abettor and with no other.
111. Liability of abettor when one act abetted and different act done.—When an Act is abetted
and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent
as if he had directly abetted it:
Provided the act done was a probable consequence of the abetment, and was committed under the
influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the
abetment.
Illustrations
(a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The
child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the
side of that of Z. Here, if the child was acting under the influence of A’s instigation, and the act done was
under the circumstances a probable consequence of the abetment, A is liable in the same manner and to
the same extent as if he had instigated the child to put the poison into the food of Y.
(b) A instigates B to burn Z’s house. B sets fire to the house and at the same time commits theft of
property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for
the theft was a distinct act, and not a probable consequence of the burning.
(c) A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and
provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of
the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to
the punishment provided for murder.
112. Abettor when liable to cumulative punishment for act abetted and for act done.—If the act
for which the abettor is liable under the last preceding section is committed in addition to the act abetted,
and constitute a distinct offence, the abettor is liable to punishment for each of the offences.
Illustration
A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the
resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of
resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and,
if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress A will also be liable to punishment for each
of the offences.
113. Liability of abettor for an effect caused by the act abetted different from that intended by
the abettor.—When an act is abetted with the intention on the part of the abettor of causing a particular
effect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect
from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the
same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the
act abetted was likely to cause that effect.
Illustration
A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in
consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the
punishment provided for murder.
114. Abettor present when offence is committed.—Whenever any person, who is absent would be
liable to be punished as an abettor, is present when the act or offence for which he would be punishable in
consequence of the abetment is committed, he shall be deemed to have committed such act or offence.
33
115. Abetment of offence punishable with death or imprisonment for life.—if offence not
committed.—Whoever abets the commission of an offence punishable with death or 1
[imprisonment for
life], shall, if that offence be not committed in consequence of the abetment, and no express provision is
made by this Code for the punishment of such abetment, be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine;
if act causing harm be done in consequence.—and if any act for which the abettor is liable in
consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to
imprisonment of either description for a term which may extend to fourteen years, and shall also be liable
to fine.
Illustration
A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the
punishment of death or 1
[imprisonment for life]. Therefore A is liable to imprisonment for a term which may extend to seven
years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term
which may extend to fourteen years, and to fine.
116. Abetment of offence punishable with imprisonment—if offence be not committed.—
Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in
consequence of the abetment, and no express provision is made by this Code for the punishment of such
abetment, be punished with imprisonment of any description provided for that offence for a term which
may extend to one-fourth part of the longest term provided for that offence; or with such fine as is
provided for that offence, or with both;
if abettor or person abetted be a public servant whose duty it is to prevent offence.—and if the
abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such
offence, the abettor shall be punished with imprisonment of any description provided for that offence, for
a term which may extend to one-half of the longest term provided for that offence, or with such fine as is
provided for the offence, or with both.
Illustrations
(a) A offers a bribe to B, a public servant, as a reward for showing. A some favour in the exercise of B’s official functions. B
refuses to accept the bribe. A is punishable under this section.
(b) A instigates B to give false evidence. Here, if B does not give false evidence, A has nevertheless committed the offence
defined in this section, and is punishable accordingly.
(c) A, a police-officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not
committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine.
(d) B abets the commission of a robbery by A, a police-officer, whose duty it is to prevent that offence. Here, though the
robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and
also to fine.
117. Abetting commission of offence by the public or by more than ten persons.—Whoever abets
the commission of an offence by the public generally or by any number or class of persons exceeding ten,
shall be punished with imprisonment of either description for a term which may extend to three years, or
with fine, or with both.
Illustration
A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and
place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence
defined in this section.
118. Concealing design to commit offence punishable with death or imprisonment for life.—
Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of
an offence punishable with death or 1
[imprisonment for life],

1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
34
1
[voluntarily conceals by any act or illegal omission, or by the use of encryption or any other
information hiding tool, the existence of a design] to commit such offence or makes any representation
which he knows to be false respecting such design,
if offence be committed; if offence be not committed.—shall, if that offence be committed, be
punished with imprisonment of either description for a term which may extend to seven years, or, if the
offence be not committed, with imprisonment of either description, for a term which may extend to three
years; and in either case shall also be liable to fine.
Illustration
A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed
at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence.
The dacoity is committed at B in pursuance of the design. A is punishable under this section.
119. Public servant concealing design to commit offence which it is his duty to prevent.—
Whoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby
facilitate the commission of an offence which it is his duty as such public servant to prevent,
1
[voluntarily conceals, by any act or illegal omission or by the use of encryption or any other
information hiding tool, the existence of a design] to commit such offence, or makes any representation
which he knows to be false respecting such design,
if offence be committed.—shall, if the offence be committed, be punished with imprisonment of any
description provided for the offence, for a term which may extend to one-half of the longest term of such
imprisonment, or with such fine as is provided for that offence, or with both;
if offence be punishable with death, etc.—or, if the offence be punishable with death or
2
[imprisonment for life], with imprisonment of either description for a term which may extend to ten
years;
if offence be not committed.—or, if the offence be not committed, shall be punished with
imprisonment of any description provided for the offence for a term which may extend to one-fourth part
of the longest term of such imprisonment or with such fine as is provided for the offence, or with both.
Illustration
A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his
knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to facilitate the
commission of that offence. Here A has by an illegal omission concealed the existence of B’s design, and is liable to punishment
according to the provision of this section.
120. Concealing design to commit offence punishable with imprisonment.—Whoever, intending
to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence
punishable with imprisonment,
voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or
makes any representation which he knows to be false respecting such design,
if offence be committed; if offence be not committed.—shall, if the offence be committed, be
punished with imprisonment of the description provided for the offence, for a term which may extend to
one-fourth, and, if the offence be not committed, to one-eight, of the longest term of such imprisonment,
or with such fine as is provided for the offence, or with both.

120A. Definition of criminal conspiracy.—When two or more persons agree to do, or cause to be
done,—
(1) an illegal act, or

1. Subs. by Act 10 of 2009, s. 51, for “voluntarily conceals, by any act or illegal omission, the existence of a design”
(w.e.f. 27-10-2009).
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 8 of 1913, s. 3.
35
(2) an act which is not illegal by illegal means, such an agreement is designated a criminal
conspiracy:
Provided that no agreement except an agreement to commit an offence shall amount to a criminal
conspiracy unless some act besides the agreement is done by one or more parties to such agreement in
pursuance thereof.
Explanation.—It is immaterial whether the illegal act is the ultimate object of such agreement, or is
merely incidental to that object.
120B. Punishment of criminal conspiracy.—(1) Whoever is a party to a criminal conspiracy to
commit an offence punishable with death, 1
[imprisonment for life] or rigorous imprisonment for a term of
two years or upwards, shall, where no express provision is made in this Code for the punishment of such a
conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence
punishable as aforesaid shall be punished with imprisonment of either description for a term not
exceeding six months, or with fine or with both.]

121. Waging, or attempting to wage war, or abetting waging of war, against the Government of
India.—Whoever wages war against the 2
[Government of India], or attempts to wage such war, or abets
the waging of such war, shall be punished with death, or 3
[imprisonment for life] 4
[and shall also be liable
to fine].
5
[Illustration]
6
***A joins an insurrection against the 2
[Government of India]. A has committed the offence defined
in this section.
7
* * * * *
8
[121A. Conspiracy to commit offences punishable by section 121.—Whoever within or without
9
[India] conspires to commit any of the offences punishable by section 121, 10*** or conspires to
overawe, by means of criminal force or the show of criminal force, 11[the Central Government or any
12[State] Government 13***], shall be punished with 14[imprisonment for life], or with imprisonment of
either description which may extend to ten years, 15[and shall also be liable to fine].
Explanation.—To constitute a conspiracy under this section, it is not necessary that any act or illegal
omission shall take place in pursuance thereof.]
122. Collecting arms, etc., with intention of waging war against the Government of India.—
Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either
waging or being prepared to wage war against the 2
[Government of India], shall be punished with

1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation” (w.e.f. 1-1-1956).
2. Subs. by the A. O. 1950, for “Queen”.
3. Subs. by 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
4. Subs. by Act 16 of 1921, s. 2, for “and shall forfeit all his property”.
5. Subs. by Act 36 of 1957, s. 3 and the Second Sch., for “Illustrations”
6. The brackets and letter “(a)” omitted by s. 3 and the Second Sch., ibid.
7. Illustration (b) omitted, by the A. O. 1950.
8. Ins. by Act 27 of 1870, s. 4.
9. 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.
10. The words “or to deprive the Queen of the sovereignty of the Provinces or of any part thereof” omitted by the A. O. 1950.
11. Subs. by the A. O. 1937, for “the G. of I, or any l. G”.
12. Subs. by the A. O. 1950, for “Provincial”.
13. The words “or the Government of Burma” omitted by the A. O. 1948.
14. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life or any shorter term” (w.e.f. 1-1-1956).
15. Ins. by Act 16 of 1921, s. 3.
36
1
[imprisonment for life] or imprisonment of either description for a term not exceeding ten years, 2
[and
shall also be liable to fine].
123. Concealing with intent to facilitate design to wage war.—Whoever by any act, or by any
illegal omission, conceals the existence of a design to wage war against the 3
[Government of India],
intending by such concealment to facilitate, or knowing it to be likely that such concealment will
facilitate, the waging of such war, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any
lawful power.—Whoever, with the intention of inducing or compelling the 4
[President] of India, or
5
[Governor 6
***] of any 7
[State],
8
*** 9
*** 10*** to exercise or refrain from exercising in any manner any
any of the lawful powers of such 11[President or 5
[Governor 6
***]],
assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal
force or the show of criminal force, or attempts so to overawe, such 11[President or 5
[Governor 6
***]],
shall be punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
12[124A. Sedition.—Whoever by words, either spoken or written, or by signs, or by visible
representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to
excite disaffection towards, 13*** the Government established by law in 14[India], 15*** shall be punished
with 16[imprisonment for life], to which fine may be added, or with imprisonment which may extend to
three years, to which fine may be added, or with fine.
Explanation 1.—The expression “disaffection” includes disloyalty and all feelings of enmity.
Explanation 2.—Comments expressing disapprobation of the measures of the Government with a
view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt
or disaffection, do not constitute an offence under this section.
Explanation 3.—Comments expressing disapprobation of the administrative or other action of the
Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an
offence under this section.]
125. Waging war against any Asiatic Power in alliance with the Government of India.—
Whoever wages war against the Government of any Asiatic Power in alliance or at peace with the
3
[Government of India] or attempts to wage such war, or abets the waging of such war, shall be punished
with 1
[imprisonment for life], to which fine may be added, or with imprisonment of either description for
a term which may extend to seven years, to which fine may be added, or with fine.

1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
2. Subs. by Act 16 of 1921, s. 2, for “and shall forfeit all his property”.
3. Subs. by the A. O 1950, for “Queen”.
4. Subs. by the ibid., for “Governor General”.
5. Subs. by Act 3 of 1951, s. 3 and the Sch., for “Governor”.
6. The words “or Rajpramukh” omitted by the A. O. 1956.
7. Subs. by the A. O. 1950, for “Province” which had been subs. by the A. O. 1937, for “Presidency”.
8. The words “or a Lieutenant-Governor” omitted by the A. O. 1937.
9. The words “or a Member of the Council of the Governor General of India” omitted by the A.O. 1948.
10. The words “or of the Council of any Presidency” omitted by the A. O. 1937.
11. The words “Governor General, Governor, Lieutenant-Governor or Member of Council” have successively been amended by
the A.O. 1937, the A. O. 1948 and the A. O. 1950 to read as above.
12. Ins. by Act 27 of 1870, s. 5 and subs. by Act 4 of 1898, s. 4, for s. 124A.
13. The words “Her Majesty or” omitted by the A.O. 1950. The words “or the Crown Representative” ins. after the word
“Majesty” by the A. O. 1937 were omitted by the A. O. 1948.
14. 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.
15. The words “or British Burma” ins. by the A. O. 1937 and omitted by the A. O 1948.
16. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life or any shorter term” (w.e.f. 1-1-1956).
37
126. Committing depredation on territories of Power at peace with the Government of India.—
Whoever commits depredation, or makes preparations to commit depredation, on the territories of any
Power in alliance or at peace with the 1
[Government of India], shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine and to
forfeiture of any property used or intended to be used in committing such depredation, or acquired by
such depredation.
127. Receiving property taken by war or depredation mentioned in sections 125 and 126.—
Whoever receives any property knowing the same to have been taken in the commission of any of the
offences mentioned in sections 125 and 126, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the
property so received.
128. Public servant voluntarily allowing prisoner of state or war to escape.—Whoever, being a
public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such
prisoner to escape from any place in which such prisoner is confined, shall be punished with
2
[imprisonment for life], or imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
129. Public servant negligently suffering such prisoner to escape.—Whoever, being a public
servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner
to escape from any place of confinement in which such prisoner is confined, shall be punished with
simple imprisonment for a term which may extend to three years, and shall also be liable to fine.
130. Aiding escape of, rescuing or harbouring such prisoner.—Whoever knowingly aids or assists
any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue
any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or
offers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with
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 State prisoner or prisoner of war, who is permitted to be at large on his parole
within certain limits in 3
[India], is said to escape from lawful custody if he goes beyond the limits within
which he is allowed to be at large.

131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.—
Whoever abets the committing of mutiny by an officer, soldier, 5
[sailor or airman], in the Army, 6
[Navy
or Air Force] of the 1
[Government of India] or attempts to seduce any such officer, soldier, 5
[sailor or
airman] from his allegiance or his duty, 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.
7
[Explanation.—In this section the words “officer”,
8
[“soldier”,
9
[“sailor”] and “airman”] include any
any

1. Subs. by the A. O. 1950, for “Queen”.
2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
3. 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.
4. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “and Navy”.
5. Subs. by s. 2 and the First Sch., ibid., for “or sailor”.
6. Subs. by s. 2 and the First Sch., ibid., for “or Navy”.
7. Ins. by Act 27 of 1870, s. 6.
8. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “and soldier”
9. Ins. by Act 35 of 1934, s. 2 and Sch.
38
person subject to the 1
[Army Act, 2
[the Army Act, 1950 (46 of 1950)], 3
[the Naval Discipline Act, 4
***the
4
***the 5
Indian Navy (Discipline) Act,1934 (34 of 1934)] 6
[the Air Force Act or 7
[the Air Force Act,
1950 (45 of 1950)]], as the case may be].]
132. Abetment of mutiny, if mutiny is committed in consequence thereof.—Whoever abets the
committing of mutiny by an officer, soldier, 8
[sailor or airman], in the Army, 9
[Navy or Air Force] of the
10[Government of India], shall, if mutiny be committed in consequence of that abetment, be punished with
death or with 11[imprisonment for life], or imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution
of his office.—Whoever abets an assault by an officer, soldier, 8
[sailor or airman], in the Army, 9
[Navy or
Air Force] of the 10[Government of India], on any superior officer being in the execution of his office,
shall be punished with imprisonment of either description for a term which may extend to three years, and
shall also be liable to fine.
134. Abetment of such assault, if the assault committed.—Whoever abets an assault by an officer,
soldier, 8
[sailor or airman], in the Army, 9
[Navy or Air Force] of the 10[Government of India], on any
superior officer being in the execution of his office, shall, if such assault be committed in consequence of
that abetment be punished with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
135. Abetment of desertion of soldier, sailor or airman.—Whoever, abets the desertion of any
officer, soldier, 8
[sailor or airman], in the Army, 9
[Navy or Air Force] of the 10[Government of India],
shall be punished with imprisonment of either description for a term which may extend to two years, or
with fine, or with both.
136. Harbouring deserter.—Whoever, except as hereinafter excepted, knowing or having reason to
believe that an officer, soldier, 8
[sailor or airman], in the Army, 9
[Navy or Air Force] of the
10[Government of India], has deserted, harbours such officer, soldier, 8
[sailor or airman], shall be
punished with imprisonment of either description for a term which may extend to two years, or with fine
or with both.
Exception.—This provision does not extend to the case in which the harbour is given by a wife to her
husband.
137. Deserter concealed on board merchant vessel through negligence of master.—The master or
person in charge of a merchant vessel, on board of which any deserter from the Army, 9
[Navy or Air
Force] of the 10[Government of India] is concealed, shall, though ignorant of such concealment, be liable
to a penalty not exceeding five hundred rupees, if he might have known of such concealment but for some
neglect of his duty as such master or person in charge, or but for some want of discipline on board of the
vessel.
138. Abetment of act of insubordination by soldier, sailor or airman.—Whoever abets what he
knows to be an act of insubordination by an officer, soldier, 8
[sailor or airman], in the Army, 9
[Navy or air
Force], of the 10[Government of India], shall, if such act of insubordination be committed in consequence
of that abetment, be punished with imprisonment of either description for a term which may extend to six
months, or with fine, or with both.

1. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “Articles or War for the better government of Her Majesty’s Army, or to
the Articles of War contained in Act No. 5 of 1869”.
2. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the Indian Army Act, 1911”.
3. Ins. by Act 35 of 1934, s. 2 and the Sch.
4. The words “or that Act as modified by” omitted by the A. O. 1950.
5. Now see the Navy Act, 1957 (62 of 1957).
6. Subs. by Act 14 of 1932, s. 130 and the Sch., for “or the Air Force Act”.
7. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the Indian Air Force Act, 1932”.
8. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “or sailor”.
9. Subs. by s. 2 and the First Sch., ibid., for “or Navy”.
10. Subs. by the A. O. 1950, for “Queen”.
11. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).
39
1
138A. [Application of foregoing sections to the Indian Marine Service.] Rep. by the Amending Act,
1934 (35 of 1934), s. 2 and Sch.
139. Persons subject to certain Acts.—No person subject to 2
[the Army Act, 3
[the Army Act, 1950
(46 of 1950)], the Naval Discipline Act, 4
[
5
*** 6
[the Indian Navy (Discipline) Act, 1934 (34 of 1934)],
7
[the Air Force Act or 8
[the Air Force Act, 1950 (45 of 1950)]]], is subject to punishment under this Code
Code for any of the offences defined in this Chapter.
140. Wearing garb or carrying token used by soldier, sailor or airman.—Whoever, not being a
soldier, 9
[sailor or airman] in the Military, 10[Naval or Air] service of the 11[Government of India], wears
any garb or carries any token resembling any garb or token used by such a soldier, 9
[sailor or airman] with
the intention that it may be believed that he is such a soldier, 9
[sailor or airman], shall be punished with
imprisonment of either description for a term which may extend to three months, or with fine which may
extend to five hundred rupees, or with both.

141. Unlawful assembly.—An assembly of five or more persons is designated an “unlawful
assembly”, if the common object of the persons composing that assembly is—
First.—To overawe by criminal force, or show of criminal force, 12[the Central or any State
Government or Parliament or the Legislature of any State], or any public servant in the exercise of the
lawful power of such public servant; or
Second.—To resist the execution of any law, or of any legal process; or
Third.—To commit any mischief or criminal trespass, or other offence; or
Fourth.—By means of criminal force, or show of criminal force, to any person, to take or obtain
possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of
water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or
supposed right; or
Fifth.—By means of criminal force, or show of criminal force, to compel any person to do what he is
not legally bound to do, or to omit to do what he is legally entitled to do.
Explanation.—An assembly which was not unlawful when it assembled, may subsequently become
an unlawful assembly.
142. Being member of unlawful assembly.—Whoever, being aware of facts which render any
assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a
member of an unlawful assembly.
143. Punishment.—Whoever is a member of an unlawful assembly, shall be punished with
imprisonment of either description for a term which may extend to six months, or with fine, or with both.
144. Joining unlawful assembly armed with deadly weapon.—Whoever, being armed with any
deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a
member of an unlawful assembly, 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 14 of 1887, s. 79.
2. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “any Articles of War for the Army of Navy of the Queen, or for any part of
such Army or Navy”.
3. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the Indian Army Act, 1911”.
4. Ins. by Act 35 of 1934, s. 2 and the Sch.
5. The words “or that Act as modified by” omitted by the A. O. 1950.
6. Now see the Navy Act, 1957 (62 of 1957).
7. Subs. by Act 14 of 1932, s. 130 and Sch., for “or the Air Force Act”.
8. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the Indian Air Force Act, 1932”.
9. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “or sailor”.
10. Subs. by s. 2 and the First Sch., ibid., for “or Naval”.
11. Subs. by the A. O. 1950, for “Queen”.
12. Subs., ibid., for “the Central or any Provincial Government or Legislature”.
40
145. Joining or continuing in unlawful assembly, knowing it has been commanded to
disperse.—Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly
has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment
of either description for a term which may extent to two years, or with fine, or with both.
146. Rioting.—Whenever force or violence is used by an unlawful assembly, or by any member
thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty
of the offence of rioting.
147. Punishment for rioting.—Whoever is guilty of rioting, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both.
148. Rioting, armed with deadly weapon.—Whoever is guilty of rioting, being armed with a deadly
weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished
with imprisonment of either description for a term which may extend to three years, or with fine, or with
both.
149. Every member of unlawful assembly guilty of offence committed in prosecution of common
object.—If an offence is committed by any member of an unlawful assembly in prosecution of the
common object of that assembly, or such as the members of that assembly knew to be likely to be
committed in prosecution of that object, every person who, at the time of the committing of that offence,
is a member of the same assembly, is guilty of that offence.
150. Hiring, or conniving at hiring, of persons to join unlawful assembly.—Whoever hires or
engages, or employs, or promotes, or connives at the hiring, engagement or employment of any person to
join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful
assembly, and for any offence which may be committed by any such person as a member of such
unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he
had been a member of such unlawful assembly, or himself had committed such offence.
151. Knowingly joining or continuing in assembly of five or more persons after it has been
commanded to disperse.—Whoever knowingly joins or continues in any assembly of five or more
persons likely to cause a disturbance of the public peace, after such assembly has been lawfully
commanded to disperse, shall be punished with imprisonment of either description for a term which may
extend to six months, or with fine, or with both.
Explanation.—If the assembly is an unlawful assembly within the meaning of section 141, the
offender will be punishable under section 145.
152. Assaulting or obstructing public servant when suppressing riot, etc.—Whoever assaults or
threatens to assault, or obstructs or attempts to obstruct, any public servant in the discharge of his duty as
such public servant, in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, or
uses, or threatens, or attempts to use criminal force to 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.
153. Wantonly giving provocation with intent to cause riot—if rioting be committed; if not
committed.—Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to
any person intending or knowing it to be likely that such provocation will cause the offence of rioting to
be committed, shall, if the offence of rioting be committed in consequence of such provocation, be
punished with imprisonment of either description for a term which may extend to one year, or with fine,
or with both; and if the offence of rioting be not committed, with imprisonment of either description for a
term which may extend to six months, or with fine, or with both.
1
[153A. Promoting enmity between different groups on ground of religion, race, place of birth,
residence, language, etc., and doing acts prejudicial to maintenance of harmony.—(1) Whoever—
(a) by words, either spoken or written, or by signs or by visible representations or otherwise,
promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language,
caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or illwill between different religious, racials, language or regional groups or castes or communities, or

1. Subs. by Act 35 of 1969, s. 2, for section 153A.
41
(b) commits any act which is prejudicial to the maintenance of harmony between different
religious, racial, language or regional groups or castes or communities, and which disturbs or is likely
to disturb the public tranquillity, 1
[or]
1
[(c) organizes any exercise, movement, drill or other similar activity intending that the
participants in such activity shall use or be trained to use criminal force or violence or knowing it to
be likely that the participants in such activity will use or be trained to use criminal force or violence,
or participates in such activity intending to use or be trained to use criminal force or violence or
knowing it to be likely that the participants in such activity will use or be trained to use criminal force
or violence, against any religious, racial, language or regional group or caste or community and such
activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity
amongst members of such religious, racial, language or regional group or caste or community,]
shall be punished with imprisonment which may extend to three years, or with fine, or with both.
(2) Offence committed in place of worship, etc.—Whoever commits an offence specified in
sub-section (1) in any place of worship or in any assembly engaged in the performance of religious
worship or religious ceremonies, shall be punished with imprisonment which may extend to five years
and shall also be liable to fine.]
2
[153AA. Punishment for knowingly carrying arms in any procession or organising, or holding
or taking part in any mass drill or mass training with arms.—Whoever knowingly carries arms in any
procession or organizes or holds or takes part in any mass drill or mass training with arms in any public
place in contravention of any public notice or order issued or made under section 144A of the Code of
Criminal Procedure, 1973 (2 of 1974) shall be punished with imprisonment for a term which may extend
to six months and with fine which may extend to two thousand rupees.
Explanation.—“Arms” means articles of any description designed or adapted as weapons for offence
or defence and includes firearms, sharp edged weapons, lathis, dandas and sticks].
1
[153B. Imputations, assertions prejudicial to national integration.—(1) Whoever, by words
either spoken or written or by signs or by visible representations or otherwise,—
(a) makes or publishes any imputation that any class of persons cannot, by reason of their being
members of any religious, racial, language or regional group or caste or community, bear true faith
and allegiance to the Constitution of India as by law established or uphold the sovereignty and
integrity of India, or
(b) asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of
their being members of any religious, racial, language or regional group or caste or community, be
denied, or deprived of their rights as citizens of India, or
(c) makes or publishes and assertion, counsel, plea or appeal concerning the obligation of any
class of persons, by reason of their being members of any religious, racial, language or regional group
or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause
disharmony or feelings of enmity or hatred or ill-will between such members and other persons,
shall be punished with imprisonment which may extend to three years, or with fine, or with both.
(2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any
assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with
imprisonment which may extend to five years and shall also be liable to fine.]
154. Owner or occupier of land on which an unlawful assembly is held.—Whenever any unlawful
assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is
held, or such riot is committed, and any person having or claiming an interest in such land, shall be
punishable with fine not exceeding one thousand rupees, if he or his agent or manager, knowing that such
offence is being or has been committed, or having reason to believe it is likely to be committed, do not
give the earliest notice thereof in his or their power to the principal officer at the nearest police-station,

1. Ins. by Act 31 of 1972, s. 2.
2. Ins. by Act 25 of 2005, s. 44 (w.e.f. 23-6-2005).
42
and do not, in the case of his or their having reason to believe that it was about to be committed, use all
lawful means in his or their power to prevent it and, in the event of its taking place, do not use all lawful
means in his or their power to disperse or suppress the riot or unlawful assembly.
155. Liability of person for whose benefit riot is committed.—Whenever a riot is committed for
the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot
takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the
riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if
he or his agent or manager, having reason to believe that such riot was likely to be committed or that the
unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all
lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing
and dispersing the same.
156. Liability of agent of owner or occupier for whose benefit riot is committed.—Whenever a
riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land
respecting which such riot takes place, or who claims any interest in such land, or in the subject of any
dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom,
the agent or manager of such person shall be punishable with fine, if such agent or manager, having
reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such
riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot
or assembly from taking place and for suppressing and dispersing the same.
157. Harbouring persons hired for an unlawful assembly.—Whoever harbours, receives or
assembles, in any house or premises in his occupation or charge, or under his control any persons
knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or
employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of
either description for a term which may extend to six months, or with fine, or with both.
158. Being hired to take part in an unlawful assembly or riot.—Whoever is engaged, or hired, or
offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in section 141,
shall be punished with imprisonment of either description for a term which may extend to six months, or
with fine, or with both,
or to go armed.—and whoever, being so engaged or hired as aforesaid, goes armed, or engages or
offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely
to cause death, shall be punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
159. Affray.—When two or more persons, by fighting in a public place, disturb the public peace, they
are said to “commit an affray”.
160. Punishment for committing affray.—Whoever commits an affray, shall be punished with
imprisonment of either description for a term which may extend to one month, or with fine which may
extend to one hundred rupees, or with both.

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