Indian Penal Code 1860

Sections 1 to 5

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THE INDIAN PENAL CODE, 1860

CONTENTS

Preamble

CHAPTER-I

INTRODUCTION

1. Title and extent of operation of the Code

2. Punishment of offences committed within India

3. Punishment of offences 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

THE INDIAN PENAL CODE, 1860

(45 OF 1860)¹

[6^th October, 1860.]

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), sec. 2. Panth Piploda Laws Regulation, 1929 (1 of 1929), sec. 2 and Sch.;

Khondmals District, by the Khondmals Laws Regulation, 1936 (4 of 1936), sec. 3 and Sch.; and Angul District, by the Angul Laws Regulation, 1936 (5 of 1936), sec. 3 and Sch. It has been declared under sec.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 Gazette, 1899, Pt. I, p. 44) and Manbhum and Parganas.

Dhalbhum and the Kolhan in the District of Singhbhum, see Gazette of India, 1881, Pt. I, p. 504. It has been extended under section 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, sec. 3 and Sch.; to Dadra and Nagar Haveli by Reg. 6 of 1963, sec.2 and Sch. I; to Pondicherry by Reg. 7 of 1963, sec.3 and Sch.I and to Laccadive, Minicoy and Amindivi Islands by Reg.8 of 1965, sec.3 and Sch. It has been extended to the State of Sikkim w.e.f. 13-9-1994 vide Notification No. S.O. 516(E), dated 9^th July, 1994.

CHAPTER - I

INTRODUCTION

Preamble:-

WHEREAS it is expedient to provide a general Penal Code for ¹[India]; It is enacted as follows: -

1.
The words "British India" have successively been subs. by the A.O.
1948, the A.O. 1950 and Act 3 of 1951, sec.3 and Sch. to read as above.

1.Title and extent of operation of the Code. —

This act shall be called the Indian Penal Code, and shall ¹ (extend to the whole of India ²[except the State of Jammu and Kashmir]].

1.
The original wards have successively been amended by the Act of 12 of 1891,
sec.2 and Sch.I the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as
above.

2.
Subs. by Act 3 of 1951, sec.3 and Sch., for "except Part B States".

2. Punishment of offences
committed within India. —

Every person shall be liable punishment under this Code and not otherwise for every act of omission contrary to the provisions thereof, of which, he shall be guilty within ¹[India]²[***].

1. 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, sec.3 and sch.
to read as above.

2. The words and figures "on or after the said first day of May, 1861" rep. by
Act 12 of 1891, sec.2 and Sch.I.

3. Punishment of offences committed beyond, but which by law may be tried within, India. —

Any person liable, by any ¹(Indian law) to be tried for an offence committed beyond²(India) shall be dealt with according to the provisions of this Code for any act committed beyond ²(India) in the same manner as if such act had been committed within ³[India].

1. Subs. by the A.O. 1937 for "law passed by the Governor General of India in Council".

2. The original wards "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, sec.3 and sch. to read as above.

3. The original words "the said territories" have successively been amended by the A.O. 1950 and Act 3 of 1951, sec 3 and Schedule, to read as above.

¹[4. Extension of Code to extra-territorial offences. —

The provisions of this Code apply also to any offence committed by—

²(1) Any citizen of India in any place without and beyond India;

(2) Any person on any ship of aircraft registered in India wherever it may be.]

Explanation. —In this section the word "offence" includes every act committed outside ³[India] which, If committed in ³[India], would be punishable under this code.

⁴[Illustration]

⁵[*** A, ⁶[who is ⁷[a citizen of India]], commits a murder in Uganda. He can be tried and convicted of murder in any place in ³[India] in which he may be found.

⁸[* * *]

1. Subs. by Act 4 of 1898, sec. 2, for the original section.

2. Subs. by the A.O. 1950, for clauses (1) to (4).

3. The words "British India" have been successively amended by the A.O.1948, the A.O.1950 and Act 3 of 1951, sec.3 and Sch. to read as above.

4. Subs. by Act 36 of 1957, sec.3 and sch. II, for "Illustrations".

5. The bracket and letter "a" omitted by Act 36 of 1957, sec.3 and sch. II.

6. Subs. by the A.O.1948, for "a coolie, who is a Native Indian subject".

7. 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, sec.3 and Sch. to read as above.

8. Illustrations (b), (c) and (d) omitted by the A.O.1950.

¹[5. Certain laws not to be affected by this Act. -

Nothing in this Act shall affectthe 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.]

1. Subs. by the A.O.1950, for the original section.

Sections 503 to 511

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THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XXII

OF CRIMINAL INTIMIDATION, INSULT
AND ANNOYANCE

503. Criminal intimidation

504. Intentional insult with intent to provoke breach of the peace

505. Statement 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

CHAPTER XXIII

OF ATTEMPTS TO COMMIT OFFENCES

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

CHAPTER XXII

OF CRIMINAL
INTIMIDATION, INSULT AND ANNOYANCE

503. Criminal intimidation: -

Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.

Explanation—A threat to
inure the reputation of any deceased person in whom the person threatened is
interested, is within this section.

Illustration

A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B’s
house. A is guilty of criminal intimidation.

504. Intentional insult with intent to provoke breach of the peace: -- Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

¹[505. Statements conducing to public mischief: --

²[(1)] Whoever makes, publishes or
circulates any statement, rumour or report, -

(a) With intent to cause, or which is likely
to cause, any officer, soldier, ³[sailor
or airman] in the Army, ⁴[Navy
or Air Force] ⁵[of India] to
mutiny or otherwise disregard or fail in his duty as such; or

(b) With intent to cause, or which is likely
to cause, fear or alarm to the public, or to any section of the public whereby
any person may be induced to commit an offence against the State or against the
public tranquility; or

(c) With intent to incite, or which is likely
to incite, any class or community or persons to commit any offence against any
other class or community;

Shall be punished with
imprisonment which may extend to ⁶[three years], or with fine, or with both.

⁷[(2) Statements creating or promoting enmity, hatred or ill-will
between classes: - Whoever makes, publishes or circulates any
statement or report containing rumour or alarming news with intent to create or
promote, or which is likely to create or promote, on grounds of religion, race,
place of birth, residence, language, caste or community or any other ground
whatsoever, feelings of enmity, hatred or ill-will between different religious,
racial, language or regional groups or castes or communities, shall be punished
with imprisonment which may extend to three years, or with fine, or with both.

(3) Offence under sub-section (2) committed in place of worship,
etc.: -- Whoever commits an offence specified in sub-section (2) in
any place of worship or in an assembly engaged in the performance or religious
worship or religious ceremonies, shall be punished with imprisonment which may
extend to five years and shall also be liable to fine.]

Exception—It does not amount
to an offence, within the meaning of this section, when the person making, publishing
or circulating any such statement, rumour or report, has reasonable grounds for
believing that such statement, rumour or report is true and makes, publishes or
circulates it ⁷[in good faith
and] without any such intent as aforesaid.]

1. Subs. by Act 4 of 1898, s. 6, for the
original section.

2. Section 505 was renumbered as
sub-section (1) of that section by Act 35 of 1969, sec. 3.

3. Subs. by Act 10 of 1927, s. 2 and Sch.
I, for “or sailor”.

4. Subs. by s. 2 and Sch. I, ibid., for “or
Navy”.

5. Subs. by the A.O. 1950 for “of Her
Majesty or in the Imperial Service Troops”. The words “or in the Royal Indian
Marine” occurring after the word “Majesty” were omitted by Act 35 of 1934, s. 2
and Sch.

6.
Subs. by Act 41 of 1961, s. 4, for
“two years”.

7.
Ins. by Act 35 of 1969, s. 3.

506. Punishment for criminal intimidation: --Whoever commits, the
offence of criminal intimidation shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both;

If threat be to
cause death or grievous hurt, etc.: --and if the threat be to cause death or grievous
hurt, or to cause the destruction of any property by fire, or to cause an
offence punishable with death or ¹[imprisonment
for life], or with imprisonment for a term which may extend to seven years, or
to impute, unchastity to a woman, shall be punished with imprisonment of either
description for a term which may extend to seven years, or with fine, or with
both.

STATE AMENDMENT

State of Uttar Pradesh:

—Imprisonment of
7 years, or fine or both—Cognizable—Non-bailable—Triable by Magistrate of the
first class—Non-compoundable.

Vide
Notification No.777/VIII 9-4(2)—87, dated 31^st July, 1989, Published
in U.P. Gazette, Extra., Pt. A, sec. (kha), dated 2^nd August, 1989.

1. Subs. by Act 26 of 1955, sec.117 and
sch., for “transportation for life) (w.e.f. 1-1-1956).

507. Criminal intimidation by
an anonymous communication: - Whoever commits the offence of criminal intimidation by an
anonymous communication, or having taken precaution to conceal the name or
abode of the person form whom the threat comes, shall be punished with
imprisonment of either description for a term which may extend to two years, in
addition to the punishment provided for the offence by the last preceding
section.

508. Act caused by inducing
person to believe that he will be rendered an object of the Divine displeasure: - Whoever voluntarily
causes or attempts to cause any person to do anything which that person is not
legally bound to do, or to omit to do anything which he is legally entitled to
do, by inducing or attempting to induce that person to believe that he or any
person in whom he is interested will become or will be rendered by some act of
the offender an object of Divine displeasure if he does not do the thing which
it is the object of the offender to cause him to do, or if he does the thing
which it is the object of the offender to cause him to omit, shall be punished
with imprisonment of either description for a tem which may extend to one year,
or with fine, or with both.

509. Word, gesture or act
intended to insult the modesty of a woman:- Whoever, intending to insult the modesty
of any woman, utters any word, makes any sound or gesture, or exhibits any
object, intending that such word or sound shall be heard, of that such gesture
or object shall be seen, by such woman, or intrudes upon the privacy of such
woman, shall be punished with simple imprisonment for a term which may extend
to one year, or with fine, or with both.

510. Misconduct in public
by a drunken person:--Whoever, in a state of
intoxication, appears in any public place, or in any place, or in any place
which it is a trespass in him to enter, and there conducts himself in such a
manner as to cause annoyance to any person, shall be punished with simple
imprisonment for a term which may extend to twenty-four hours, or with fine
which may extend to ten rupees, or with both.

CHAPTER XXIII

OF ATTEMPTS TO
COMMIT OFFENCES

511. Punishment for
attempting to commit offences punishable with imprisonment for life or other
imprisonment:- Whoever attempts to
commit an offence punishable by this Code with ¹[imprisonment
for life] or imprisonment, or to cause such an offence to be committed, and in
such attempts does any act towards the commission of the offence, shall, where
no express provision is made by this Code for the punishment of such attempt,
be punished with ²[imprisonment
of any description provided for the offence, for a term which may extend to
one-half of the imprisonment for life or, as the case may be, one-half of the
longest term of imprisonment provided for that offence], or with such fine as
is provided for the offence, or with both.

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

2. Subs. by Act 26 of 1955, sec. 117 and
Sch., for certain original words (w.e.f. 1-1-1956).

Sections 499 to 502

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THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XXI

OF DEFAMATION

499. Defamation

Imputation of truth which public good requires to be made or published

Public conduct of public servant

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.

CHAPTER XXI

OF DEFAMATION

499. Defamation: - Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing
or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, of defame that person.

Explanation 1—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation 2—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

Explanation 3—An imputation in the form of an alternative or expressed ironically, may amount to defamation.

Explanation 4—No imputation is said to harm a person's reputation, unless that imputation directly or
indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.

Illustrations

(a) A says—"Z is an honest man; he never stole B's watch" ; intending to cause it to be believed that Z did steal B's watch. This is defamation, unless it fall within one of the exceptions.

(b) A is asked who stole B's watch. A points to Z, intending to cause it to be believed that Z stole B's Watch. This is defamation unless it fall within one of the exceptions.

(c) A draws a picture of Z running away with B's watch, intending it to be believed that Z stole B's watch. This is defamation, unless it fall within one of the exceptions.

First Exception—Imputation of truth which public good requires to be made or published: --It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.

Second Exception—Public conduct of Public servants: -- It is not defamation to express in a good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further.

Third Exception—Conduct of any person touching any public question: -- It is not defamation to
express in good faith any opinion whatever respecting to conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further.

Illustration

It is not defamation in A to express in good faith any opinion whatever respecting Z's conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending a such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which the public is interested.

Fourth Exception—Publication of reports of proceedings of Courts: -- It is not defamation to publish substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings.

Explanation—A justice of the Peace or other officer holding an inquiry in open Court preliminary to a trial
in a Court of Justice, is a Court within the meaning of the above section.

Fifth Exception—Merits of case decided in Court or conduct of witnesses and others concerned: --It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further.

Illustrations

(a) A says—"I think Z's evidence on that trial is so contradictory that he must be stupid or dishonest". A is within this exception if he says this in good faith, inasmuch as the opinion which he express respects Z's character as it appears in Z's conduct as a witness, and no further.

(b) But if A says—"I do not believe what Z asserted at that trial because I know him to be a man without veracity" ; A is not within this exception, inasmuch as the opinion which he express of Z's character, is an opinion not founded on Z's conduct as a witness.

Sixth Exception—Merits of public performance:

--It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further.

Explanation—A performance may be substituted to the judgment of the public expressly or by acts on the
part of the author which imply such submission to the judgment of the public.

Illustrations

(a) A person who publishes a book, submits that book to the judgment of the public.

(b) A person who makes a speech in public, submits that speech to the judgment of the public.

(d) A says of a book published by Z—"Z's book is foolish; Z must be a weak man. Z's book is indecent; Z must be a man of impure mind". A is within the exception, if he says this in good faith, in as much as
the opinion which he express of Z respects Z's character only so far as it appears in Z's book, and no further.

(e) But if A says—"I am not surprised that Z's book is foolish and indecent, for he is a weak man and a libertine". A is not within this exception, inasmuch as the opinion which he expresses of Z's character is an opinion not founded on Z's book.

Seventh Exception—Censure passed in good faith by person having lawful authority over another:-

It is not defamation in a person having over another any authority, either conferred by law or arising
out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates.

Illustration

A judge censuring in good faith the conduct of a witness, or of an officer to the Court; a head of a department censuring in good faith those who are under his orders; a parent censuring in good faith a child in the presence of other children; a school-master, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier—are within the exception.

Eight Exception—Accusation preferred in good faith to authorized person. --

It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation.

Illustration

If A in good faith accuse Z before a Magistrate; if A in good faith complains of the conduct of Z, a
servant, to Z's master ; if a in good faith complains of the conduct of Z, and child, to Z's father—A is within this exception.

Ninth Exception—Imputation made in good faith by person for protection of his or other's interests: - It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good.

Illustrations

(a) A, a shopkeeper, says to B, who manages his business-"Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty". A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests.

(b) A, a Magistrate, in making a report of his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the exception.

Tenth Exception—Caution intended for good of person to whom conveyed or for public good: --

It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good.

500. Punishment for defamation: --Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

501. Printing or engraving matter known to be defamatory: - Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

502. Sale of printed or engraved substance containing defamatory matter: -- Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Sections 493 to 498A

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THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XX

OF OFFENCES RELATING TO MARRIAGE

493. Cohabitation
caused by a man deceitfully inducing a belief of lawful marriage

494. Marrying
again during lifetime 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

CHAPTER XXA

OF CRUELTY BY HUSBAND OR
RELATIVES OF HUSBAND

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

CHAPTER XX

OF OFFENCES RELATING TO MARRIAGE

493. Cohabitation caused by a
man deceitfully inducing a belief of lawful marriage: - Every man who by deceit
causes any woman who is not lawfully married to him to believe that she is
lawfully married to him and to cohabit or have sexual intercourse with him in
that belief, shall be punished with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.

494. Marrying again during lifetime of husband or
wife: --
Whoever, having a husband or wife living, marries in any case in which such
marriage is void by reason of its taking place during the life of such husband
or wife, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.

Exception—This section does not
extend to any person whose marriage with such husband or wife has been declare
void by a Court of competent jurisdiction,

Nor to any person who contracts a marriage during the life
of a former husband or wife, if such husband or wife, at the time of the
subsequent marriage, shall have been continually absent from such person for
the space of seven years, and shall not have been heard of by such person as
being alive within that time provided the person contracting such subsequent
marriage shall, before such marriage takes place, inform the person with whom
such marriage is contracted of the real state of facts so far as the same are
within his or her knowledge.

495. Same offence with
concealment of former marriage from person with whom subsequent marriage is
contracted:
- Whoever commits the offence defined in the last preceding section having
concealed from the person with whom the subsequent marriage is contracted, the
fact of the former marriage, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be liable
to fine.

STATE AMENDMENT

State of Andhra Pradesh Amendment:

Punishment—Imprisonment for
10 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first
class—Non-compoundable.

[Vide A.P. Act 3 of 1992
Section 2 (w.e.f. 15-2-1992].

496. Marriage ceremony fraudulently
gone through without lawful marriage: -- Whoever, dishonestly or with a fraudulent
intention, goes through the ceremony of being married, knowing that he is not
thereby lawfully married, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.

STATE AMENDMENT

State of Andhra Pradesh Amendment:

Punishment—imprisonment for
7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first
class—Non-compoundable.

[Vide A.P. Act 3 of 1992
Section 2 (w.e.f. 15-2-1992)].

497. Adultery: - Whoever has sexual
intercourse with a person who is and whom he knows or has reason to believe to
be the wife of another man, without the consent or connivance of that man, such
sexual intercourse not amounting to the offence of rap, is guilty of the
offence of adultery, and shall be punished with imprisonment of either
description for a term which may extend to five years, or with fine, or with
both. In such case the wife shall be punishable as an abettor.

STATE AMENDMENT

State of Andhara Pradesh Amendment:

Punishment—Imprisonment for
5 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the
first class—Non-compoundable.

[Vide A.P. Act 3 of 1992
Section 2 (w.e.f. 15-2-1992)].

498. Enticing or taking away
or detaining with criminal intent a married woman: - Whoever takes or entices
away any woman who is and whom he knows or has reason to believe to be the wife
of any other man, form that man, or from any person having the care of her on
behalf of that man, with intent that she may have illicit intercourse with any
person, or conceals or detains with that intent any such woman, shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.

¹[CHAPTER XXA

OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND

1.
Ins. by Act 46 of 1983, sec. 2.

498A. Husband or relative of husband of a woman subjecting her to
cruelty:
-Whoever, being the husband or the relative of the husband of a woman, subjects
such woman to cruelty shall be punished with imprisonment for a term which may
extend to three years and shall also be liable to fine.

Explanation—For the purpose
of this section, “cruelty” means—

(a) Any willful conduct which is of such a
nature as is likely to drive the woman to commit suicide or to cause grave
injury or danger to life, limb or health whether mental or physical) of the
woman; or

(b) Harassment of the woman where such
harassment is with a view to coercing her or any person related to her to meet
any unlawful demand for any property or valuable security or is on account of
failure by her or any person related to her meet such demand.]

Sections 490 to 492

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THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XIX

OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE

490. [Repealed]

491. Breach of contract to attend on and supply wants of helpless person

492. [Repealed]

CHAPTER XIX

OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE

490. Breach of contract of service during voyage or journey. —

[Rep. by the Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), sec. 2 and Sch.]

491. Breach of contract to attend on and supply wants of helpless person: - Whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by reason or youth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine which may
extend to two hundred rupees, or with both.

492. Breach of contract to serve at distant place to which servant is conveyed at master’s expense—.

[Rep. by the workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), sec. 2 and Sch.]

Sections 489A to 489E

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THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVIII

OF OFFENCES RELATING TO

OF CURRENCY-NOTES AND BOOK-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

CHAPTER XVIII

OF OFFENCES RELATING TO
OF CURRENCY-NOTES AND BOOK-NOTES

¹[489A.Counterfeiting currency-notes or bank-notes:-- Whoever counterfeits, or
knowingly performs any part of the process of counterfeiting, any currency-note
or bank-note, shall be punished with ²[imprisonment
for life], or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.

Explanation—For the purposes
of this section and of sections 489B, ³[489C,
489D and 489E], the expression "bank-note" means a promissory note or
engagement for the payment of money to bearer on demand issued by any person
carrying on the business of banking in any part of the world, or issued by or
under the authority of any State or Sovereign Power, and intended to be used as
equivalent to, or as a substitute for money.

1. Added by Act 12 of 1889, sec. 2.

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

3. Subs.
by Act 35 of 1950, s. 3 and Sch. II, for "489C and 489D".

¹[489B. Using as genuine, forged or counterfeit currency-notes or
bank-notes:
- Whoever sells to, or buys or receives from, any other person, or otherwise
traffics in or uses as genuine, any forged or counterfeit currency-note or bank-note,
knowing or having reason to believe the same to be forged or counterfeit, shall
be punished with ²[imprisonment
for life], or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.

1. Added by Act 12 of 1899 sec. 2

2.
Subs. by Act 26 of 1955, sec. 117
and sch., for "transportation for life" (w.e.f.1-1-1956).

¹[489C. Possession of forged or counterfeit currency-notes or
bank-notes:
- Whoever has in his possession any forged or counterfeit currency-note or
bank-note, knowing or having reason to believe the same to be forged or
counterfeit and intending to use the same as genuine or that it may be used as
genuine, shall be punished with imprisonment of either description for a term
which may extend to seven years, or with fine, or with both.

1.
Added by Act 12 of 1899, sec. 2.

¹[489D. Making or possessing instruments or materials for forgoing or
counterfeiting currency-notes or bank-notes: -- Whoever makes, or performs, any part or
the process of making, or buys or sells or disposes of, or has in his
possession, any machinery, instrument or material for the purpose of being
used, or knowing or having reason to believe that it is intended to be used,
for forging or counterfeiting any currency-note or bank-note, shall be punished
with ²[imprisonment for life],
or with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.]

1.
Added by Act 12 of 1899, sec. 2.

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

¹[489E. Making or using documents resembling currency-notes or
bank-notes: -

(1) Whoever makes, or causes to be made, or
uses for any purpose whatsoever, or delivers to any person, any document
purporting to be, or in any way resembling, or so nearly resembling as to be
calculated to deceive any currency-note or bank shall be punished with fine
which may extend to one hundred rupees.

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

(3) Where the name of any person appears on any
document in respect of which any person is charged with an offence under
sub-section (1) or on any other document used or distributed in connection with
that document it may, until the contrary is proved, be presumed that person
caused the document to be made.]

1.
Ins. by Act 6 of 1943, sec. 2.

Sections 478 to 489

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THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVIII

OF OFFENCES RELATING TO

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. Marking
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

CHAPTER XVIII

OF OFFENCES RELATING TO

OF PROPERTY AND OTHER MARKS

478. Trade marks. — [Rep. by the Trade and
Merchandise Marks Act, 1958 (43 of 1958), s. 135 and Sch. (w.e.f. 25-11-1959).]

479. Property mark: - A mark used for denoting
that moveable property belongs to a particular person is called a property
mark.

480. Using a
false trade mark [Rep. by
the Trade and Merchandise Marks Act, 1958 (43 of 1958), s. 135 and Sch., (w.e.f. 25-11-1959).]

481. Using a false property
mark: --
Whoever marks any moveable property or goods or any case, package or other receptacle
containing moveable property or goods, or uses any case, package or other
receptacle having any mark thereon, in a manner reasonably calculated to cause
it to be believed that the property or goods so marked, or any property or
goods contained in any such receptacle so marked, belong to a person to whom
they do not belong, is said to use a false property mark.

482. Punishment for using a
false property mark: -- Whoever uses ¹[*
* *] any false property mark shall, unless he proves that he acted without
intent to defraud, be punished with imprisonment of either description for a
term which may extend to one year, or with fine, or with both.

1.
The words “any false trademark or”
omitted by Act 43 of 1958, sec.135 and sch. (w. e. f. 25-11-1959).

483. Counterfeiting a property
mark used by another:--Whoever counterfeits any ¹[*
* *] property mark used by any other person shall be punished with imprisonment
of either description for a term which may extend to two years, or with fine,
or with both.

1.
The words “trade mark or” omitted
by Act 43 of 1958, sec. 135 and Sch. (w.e.f. 25-11- 1959).

¹[484.
Counterfeiting a mark used by a public servant: -Whoever counterfeits any
property mark used by a public servant, or any mark used by a public servant to
denote that any property has been manufactured by a particular person or at a
particular time or place, or that the property is of a particular quality of
has passed though a particular office, or that it is entitled to any exemption,
or uses as genuine any such mark knowing the same to be counterfeited, shall be
punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.

1.
Subs. by Act 4 of 1889 sec. 3, for
the original section 484.

¹[485. Making or possession of
any instrument for counterfeiting a property mark: --Whoever makes
or has in his possession any die, plate or other instrument for the purpose of
counterfeiting a property mark, or has in his possession a property mark for
the purpose of denoting that any goods belong to a person to whom they do not
belong, shall be punished with imprisonment of either description for a term
which may extend to three years or with fine, or with both.]

1. Subs. by Act 43 or 1958, sec. 135 and
Sch. (w.e.f. 25-11-1959).

¹[486. Selling goods marked with a
counterfeit property mark: -- ²[Whoever sells,
or exposes, or has in possession for sale, any goods or things with a
counterfeit property mark] affixed to or impressed upon the same to or upon any case, package or other
receptacle in which such goods are contained, shall, unless he proves—

(a) That, having taken all reasonable
precautions against committing an offence against this section, he had at the
time of the commission of the alleged offence no reason to suspect the
genuineness of the mark, and

(b) That, on demand made by or on behalf of
the prosecutor, he gave all the information in his power with respect to the
persons from whom he obtained such goods or things, or

Be punished with
imprisonment of either description for a term which may extend to one year, or
with fine, or with both.]

1. Subs. by Act 4 of 1889, sec. 3, for the
original section 486.

2. Subs. by Act 43 of 1958, sec. 135 and
sch., for certain words (w.e.f.25-11-1959).

¹[487. Making a false mark upon
any receptacle containing goods: -- Whoever makes any false mark upon any case,
package or other receptacle containing goods, in a manner reasonably calculated
to cause any public servant or any other person to believe that such receptacle
contains goods which it does not contain or that it does not contain goods
which it does contain, or that the goods contained in such receptacle are of a nature
or quality different from the real nature or quality thereof, shall, unless he
proves that he acted without intent to defraud, be punished with imprisonment
of either description for a term which may extend to three years, or with fine,
or with both.

1.
Subs by Act 4 of 1889, sec. 3, for
the original section 487.

¹[488. Punishment for making use
of any such false mark: -- Whoever makes use of any such false mark in any manner prohibited
by the last foregoing section shall, unless he proves that he acted without
intent to defraud, be punished as if he had committed an offence against that
section.

1.
Subs. by Act 4 of 1889, sec. 3, for
the original section 488.

¹[489. Tempering with property mark with intent to cause injury: -- Whoever removes, destroys,
defaces or adds to any property mark, intending or knowing it to be likely that
he may thereby cause injury to any person, shall be punished with imprisonment
of either description for a term which may extend to one year, or with fine, or
with both.]

1.
Subs. by Act 4 of 1889, sec. 3, for
the original section 489.

Sections 463 to 477A

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THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVIII

OF OFFENCES RELATING TO DOCUMENTS

AND TO PROPERTY MARKS

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

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

CHAPTER
XVIII

OF OFFENCES
RELATING TO CODUMENTS

AND TO ¹[*
* *] PROPERTY MARKS

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

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

464. Making a false
document:
-- A person is said to make a false document—

First—Who dishonestly or
fraudulently makes, signs, seals or executed a document or part of a document,
or makes any mark denoting the execution of a document, with the intention of
causing it to be believed that such document or part of a document was made,
signed, sealed or executed by or by the authority of a person by whom or by
whose authority he knows that it was not made, signed, sealed or executed, or
at a time at which he knows that it was not made, signed, sealed or executed;
or

Secondly—Who, without lawful authority,
dishonestly or fraudulently, by cancellation or otherwise, alters a document in
any material part thereof, after it has been made or executed either by himself
or by any other person, whether such person be living or dead at the time of
such alteration; or

Thirdly—Who dishonestly or
fraudulently causes any person to sign, seal, execute or alter a document,
knowing that such person by reason of unsoundness of mind or intoxication cannot,
or that by reason of deception practiced upon him, he does not know the
contents of the document or the nature of the alteration.

Illustrations

(a) A has a letter of credit upon B for rupees
10,000 written by Z. A, in order to defraud B, adds a cipher to the 10,000, and
makes the sum 1,00,000 intending that it may be delivered by B that Z so wrote
the letter. A has committed forgery.

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

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

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

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

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

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

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

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

(j) A writes a letter and signs it with B’s
name without B’s authority, certifying that A is a man of good character and in
distressed circumstances form unforeseen misfortune, intending by means of such
letter to obtain alms from Z and other persons. Here, as A made a false
document in order to induce Z to part with property. A has committed forgery.

(k) A without B’s authority writes a letter
and signs it in B’s name certifying to A’s character, intending thereby to
obtain employment under Z. A has committed forgery in as much as he intended to
deceive Z by the forged certificate, and thereby to induce Z to enter into an
express or implied contract for service.

Explanation 1—A man’s
signature of his own name may amount to forgery.

Illustrations

(a) A signs his own name to a bill of exchange,
intending that it may be believed that the bill was drawn by another person of
the same name. A has committed forgery.

(b) A writes the word “accepted” on a piece of
paper and signs it with Z’s name, in order that B may afterwards write on the paper
a bill of exchange drawn by B upon Z, and negotiate the bill as though it had
been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws
the bill upon the paper pursuant to A’s intention, B is also guilty of forgery.

(c) A picks up a bill of exchange payable to
the order of a different person of the same name. A endorses the bill in his
own name, intending to cause it to be believed that it was endorsed by the
person whose order it was payable, here A has committed forgery.

(d) A purchases an estate sold under execution
of a decree against B. B, after the seizure of the estate, in collusion with Z,
executes a lease of the estate of Z at a nominal rent and for a long period and
dates the lease six months prior to the seizure, with intent to defraud A, and
to cause it to be believed that the lease was granted before the seizure, B,
though he executes the lease in his own name, commits forgery by antedating it.

(e) A, a trader, in anticipation of
insolvency, lodges effects with B for A’s benefit, and with intent to defraud
his creditors; and in order to give a colour to the transaction, writes a
promissory note binding himself to pay to B a sum for value received, and
antedates the note, intending that it may be believed to have been made before
A was on the point of insolvency. A has committed forgery under the first head
of the definition.

Explanation 2—The making of
a false document in the name of a fictitious person, intending it to be
believed that the document was made by a real person, or in the name of
deceased person, intending it to be believed that the document was made by the
person in his lifetime, may amount to forgery.

Illustration

A draws a bill of exchange
upon a fictitious person, and fraudulently accepts the bill in the name of such
fictitious person with intent to negotiate it. A commits forgery.

465. Punishment for forgery:-- Whoever commits forgery
shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.

466. Forgery of record of court or of public
register, etc.:
-- Whoever forges a document, purporting to be a record or proceeding of or in
a Court of Justice, or a register of birth, baptism, marriage or burial, or a
register kept by a public servant as such, or a certificate or document
purporting to be made by a public servant in his official capacity, or an
authority to institute or defend a suit, or to take any proceedings therein, or
to confess judgment, or a power of attorney, shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.

467. Forgery of valuable security, will,
etc.: -
Whoever forges a document which purports to be a valuable security or a will,
or an authority to adopt a son, or which purports to give authority to any
person to make or transfer any valuable security, or to receive the principal,
interest or dividends thereon, or to receive or deliver any money, moveable
property, or valuable security, or any document purporting to be an acquittance
or receipt acknowledging the payment of money, or an acquittance or receipt for
the delivery of any moveable property or valuable security, shall be punished
with ¹[imprisonment for life],
or with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.

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

468. Forgery for purpose of
cheating: -
Whoever commits forgery, intending that the document forged shall be used for
the purpose of cheating, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine.

469. Forgery for purpose of
harming reputation: --Whoever commits forgery, intending that the document forged shall harm
the reputation of any party, or knowing that it is likely to used for that
purpose, shall be punished with imprisonment of either description for a term
which may extend to three years, and shall also be liable to fine.

470. Forged document:-A false document made
wholly or in part by forgery is designated “a forged document”.

471. Using as genuine a forged
document:
--Whoever fraudulently or dishonestly uses as genuine any document which he
knows or has reason to believe to be a forged document, shall be punished in
the same manner as if he had forged such document.

472. Making or possessing
counterfeit seal, etc., with intent to commit forgery punishable under section
467: --
Whoever makes or counterfeits any seal, plate or other instrument for making an
impression, intending that the same shall be used for the purpose of committing
any forgery which would be punishable under Section 467 of this Code, or, with
such intent, has in his possession any such seal, plate or other instrument,
knowing the same to be counterfeit, shall be punished with ¹[imprisonment for life], or with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.

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

473. Making or possessing
counterfeit seal, etc., with intent to commit forgery punishable otherwise:-Whoever makes or
counterfeit any seal, plate or other instrument for making an impression,
intending that the same shall be used for the purpose of committing any forgery
which would be punishable under any section of this Chapter other than Section
467, or, with such intent, has in his possession any such seal, plate or other
instrument, knowing the same to be counterfeit, shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.

474. Having possession of
document described in Section 466 or 467, knowing it to be forged and intending
to use it as genuine:-Whoever has in his possession any document, knowing the same to be forge,
and intending that the same shall fraudulently or dishonestly be used as
genuine, shall, if the document is one of the description mentioned in section
466 of this Code, be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine ; and if
the document is one of the description mentioned in section 467, shall be
punished with ¹[imprisonment
for life], or with imprisonment of either description, for a term which may
extend to seven years, and shall also be liable to fine.

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

475. Counterfeiting device or
mark used for authenticating documents described in Section 467, or possessing
counterfeit marked material: -- Whoever counterfeits upon, or in the substance or, any material,
any device or mark used for the purpose of authenticating any document
described in Section 467 of this Code, intending that such device or mark shall
be used for the purpose of giving the appearance of authenticity to any
document then forged or thereafter to be forged on such material, or who, with
such intent, has in his possession any material upon or in the substance of
which any such device or mark has been counterfeited, shall be punished with ¹[imprisonment for life], or with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.

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

476. Counterfeiting device or mark used for
authenticating documents other than those described in Section 467, or
possessing counterfeit marked material: -- Whoever counterfeits upon, or in the substance
of, any material, any device or mark used for the purpose of authenticating any
document other than the documents described in Section 467 of this Code,
intending that such device or mark shall be used for the purpose of giving the
appearance of authenticity to any document then forged or thereafter to be
forged on such material, or who with such intent, has in his possession any
material upon or in the substance of which any such device or mark has been
counterfeited, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine.

477. Fraudulent cancellation, destruction,
etc., of will, authority to adopt, or valuable security: --Whoever fraudulently or
dishonestly, or with intent to cause damage or injury to the public or to any
person, cancels, destroys or defaces, or attempts to cancel, destroy or deface,
or secretes or attempts to secrete any document which is or purports to be a
will, or an authority to adopt a son, or any valuable security, or commits
mischief in respect of such document, shall be punished with ¹[imprisonment for life], or with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.

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

³[477A. Falsification of accounts: -- Whoever, being a
clerk, officer or servant, or employed or acting in the capacity of a clerk,
officer or servant, willfully, and with intent to defraud, destroys, alters,
mutilates or falsifies any book, paper, writing, valuable security or account
which belongs to or is in the possession of his employer, or has been received
by him for or on behalf of his employer, or willfully, and with intent to
defraud, makes or abets the making of any false entry in, or omits or alters or
abets the omission or alteration of any material particular of any material
particular form or in, any such book, paper, writing, valuable security or
account, shall be punished with imprisonment of either description for a term
which may extend to seven years, or with fine, or with both.

Explanation—It shall be sufficient in
any charge under this section to allege a general intent to defraud without
naming any particular person intended to be defraud without naming any
particular person intended to be defrauded or specifying any particular sum of
money intended to be the subject of the fraud, or any particular day on which
the offence was committed.]

¹[Of] ² [***] Property and Other Marks

1. Subs. by Act 4 of 1889, sec.3, for the
original heading and sections 478 to 489.

2. The
word “Trade,” omitted by Act 43 of 1958, sec.135 and sch., (w.e.f. 25-11-1959).

3.
Added by Act 3 of 1895, sec.
4.

Sections 441 to 462

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THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

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

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 after preparation for hurt, assault, or wrongful restraint

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

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

OF CRIMINAL TRESPASS

441. Criminal trespass: --

Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property,

Or having lawfully entered into or
upon such property, unlawfully remains there with intent thereby to intimidate,
insult or annoy any such person, or with intent to commit an offence,

Is said to commit "criminal trespass".

STATE AMENDMENT

State of Uttar Pradesh:

For section 441, substitute the following: --

"441. Criminal Trespass:--
Whoever enters into or upon property in possession of another with intern to
commit an offence or to intimidate, insult or annoy and person in possession of
such property, or having lawfully entered into or upon such property,
unlawfully remains therewith intent thereby intimidate, insult or annoy any
such person, or with intent to commit an offence.

Or, having entered into or upon
such property, whether before or after the coming into force of the Criminal
Law (U.P. Amendment) Act, 1961, with the intention of taking unauthorized
possession or making unauthorized use of such property fails to withdraw from
such property or its possession or use, when calls upon to do so by that
another person by notice in writing, duly served upon him, by the date
specified in the notice,

Is said to commit "criminal
trespass".

[Vide U.P. Act No. 31 of 1961,
section 2].

442. House trespass: --

Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit "house-trespass".

Explanation—The introduction of any
part of the criminal trespasser's body is entering sufficient to constitute house-trespass.

443. Lurking house-trespass: --

Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit "lurking house-trespass".

444. Lurking house-trespass by night: --

Whoever commits lurking house-trespass after sunset and before sunrise, is said to commit "lurking house-trespass by night".

445. Housing breaking: --

A person is said to commit "house-breaking" who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or, having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say: --

First—If
he enters or quits through a passage by himself, or by any abettor of the
house-trespass, in order to the committing of the house-trespass.

Secondly—If
he enters or quits through any passage not intended by any person, other than
himself or an abettor of the offence, for human entrance; or through any
passage to which he has obtained access by scaling or climbing over any wall or
building.

Thirdly—If
he enters or quits through any passage which he or any abettor of the
house-trespass has opened, in order to the committing of the house-trespass by
any means by which that passage was not intended by the occupier of the house
to be opened.

Fourthly—If
he enters or quits by opening any lock in order to the committing of the
house-trespass, or in order to the quitting of the house after a
house-trespass.

Fifthly—If
he effects his entrance or departure by using criminal force or committing an
assault or by threatening any person with assault.

Sixthly—If
he enters or quits by any passage which he knows to have been fastened against
such entrance or departure, and to have been unfastened by himself or by an
abettor of the house-trespass.

Explanation—Any out-house or
building occupied with a house and between which and such house there is an
immediate internal communication, is part of the house within the meaning of
this section.

Illustrations

(a) A commits house-trespass by making a hole
through the wall of Z's house, and putting his hand through the aperture. This
is house-breaking.

(b) A commits house-trespass by creeping into
a ship at a port-hole between decks. This is house-breaking.

(d) A commits house-trespass by entering Z's
house through the door, having lifted a door which was fastened. This is
house-breaking.

(e) A commits house-trespass by entering Z's
house through the door, having lifted a latch by putting a wire through a hole
in the door. This is house-breaking.

(f) A finds the key of Z's house door, which
Z had lost, and commits house-trespass by entering Z's house, having opened the
door with that key. This is house-breaking.

(g) Z is standing in his doorway. A forces a
passage by knocking Z down, and commits house-trespass by entering the house.
This is house-breaking.

(h) Z, the door-keeper of Y, is standing in
Y's doorway. A commits house-trespass by entering the house, having deterred Z
from opposing him by threatening to beat him. This is house-breaking.

446. House-breaking
by night: -- Whoever commits house-breaking after sunset and before
sunrise, is said to commit "house-breaking by night".

447. Punishment
for criminal trespass: -- Whoever commits criminal trespass shall be
punished with imprisonment of either description for a term which may extend to
three months, with fine or which may extend to five hundred rupees, or with
both.

448. Punishment
for house-trespass: -- Whoever commits house-trespass shall be
punished with imprisonment of either description for a term which may extend to
one year, or with fine or which may extend to one thousand rupees, or with
both.

449. House-trespass
in order to commit offence punishable with death: -- Whoever commits
house-trespass in order to the committing of any offence punishable with death,
shall be punishable with ¹[imprisonment
for life], or with rigorous imprisonment for a term not exceeding ten years,
and shall also be liable to fine.

1. Subs. by Act
26 of 1955, sec.117 and sch., for "transportation for life" (w.e.f. 1-1-1956).

450. House-trespass
in order to commit offence punishable with imprisonment for life: -
Whoever commits house-trespass in order to the committing of any offence
punishable with ¹[imprisonment
for life], shall be punished with imprisonment of either description for a term
not exceeding ten years, and shall also be liable to fine.

1. Subs. by Act
26 of 1955, sec. 117 and Sch., for " transportation for life" (w.e.f.
1-1-1956).

451. House-trespass in order to commit
offence punishable with imprisonment: -- Whoever commits house-trespass in order to the committing
of any offence punishable with imprisonment, shall be punished with
imprisonment of either description for a term which may extend to two years,
and shall also be liable to fine; and if the offence intended to be committed
is theft, the term of the imprisonment may be extended to seven years.

452. House-trespass after preparation for hurt,
assault or wrongful restraint: -- Whoever commits house-trespass, having made
preparation for causing hurt to any person or for assaulting any person, or for
wrongfully restraining any person, or for putting any person in fear of hurt,
or of assault, or of wrongful restraint, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also
be liable to fine.

453. Punishment for lurking
house-trespass or house-breaking: -- Whoever commits lurking house-trespass or
house-breaking, shall be punished with imprisonment of either description for a
term which may extend to two years, and shall also be liable to fine.

454. Lurking house-trespass
or house-breaking in order to commit offence punishable with imprisonment: -- Whoever commits lurking
house-trespass or house-breaking, in order to the committing of any offence
punishable with imprisonment, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also be
liable to fine ; and if the offence intended to be committed is theft, the term
of the imprisonment may be extended to ten years.

STATE AMENDMENT

Tamil Nadu:

Section 454 of the principal
Act shall be renumbered as sub-section (1) of that section and after
sub-section (1) as so renumbered, the following sub-section shall be added,
namely:--

"(2) Whoever commits lurking house-trespass or
house-breaking in any building used as a place of worship, in order to the
committing of the offence of theft of any idol or icon from such building,
shall notwithstanding anything contained in sub-section (1), be punished with
rigorous imprisonment which shall not be less than three years but which may
extend to ten years and with fine which shall not be less than five thousand
rupees;

Provided that the court may,
for adequate and special reasons to be mentioned in the judgment, impose a
sentence of imprisonment for a term of less than three years.".

[Vide Tamil Nadu Act 28 of
1993, Sec. 4]

455. Lurking house-trespass
or house-breaking after preparation for hurt, assault or wrongful restraint: -- Whoever commits lurking
house-trespass, or house-breaking, having made preparation for causing hurt to
any person, or for assaulting any person, or for wrongfully restraining any
person, or for putting any person in fear of hurt or of assault or of wrongful
restraint, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.

456. Punishment for lurking
house-trespass or house-breaking by night: -- Whoever commits lurking house-trespass
by night, or house-breaking by night, shall be punished with imprisonment of
either description for a term which may extend to three years, and shall also
be liable to fine.

457. Lurking house trespass
or house-breaking by night in order to commit offence punishable with
imprisonment:--
Whoever commits lurking house-trespass by night, or house-breaking by night, in
order to the committing of any offence punishable with imprisonment, shall be
punished with imprisonment of either description for a term which may extend to
five years, and shall also be liable to fine; and, if the offence intended to
be committed is theft, the term of the imprisonment may be extended to fourteen
years.

STATE AMENDMENT

State of Tamil Nadu:

Section 457 of the principal
Act shall be renumbered as sub-section (1), of that section and after
sub-section (1) as so renumbered, the following sub-section shall be added,
namely: --

"(2) Whoever commits lurking house-trespass by
night or house-breaking by night in any building used as a place of worship, in
order to the committing of the offence of theft of any idol or icon form such
building, shall, notwithstanding anything contained in sub-section (1), be
punished with rigorous imprisonment which shall not be less than three years
but which may extend to fourteen years and with fine which shall not be less
than five thousand rupees:

Provided that the court may,
for adequate and special reasons to be mentioned in the judgment, impose a
sentence of imprisonment for a term of less than three years."

[Vide Tamil Nadu Act 28 of
1993 Sec. 5].

458. Lurking house-trespass
or house-breaking by night after preparation for hurt, assault, or wrongful
restraint:
-- Whoever commits lurking house-trespass by night, or house-breaking by night,
having made preparation for causing hurt to any person or for assaulting any
person, or for wrongfully restraining any person, or for putting any person in
fear of hurt, or of assault, or of wrongful restraint, shall be punished with
imprisonment of either description for a term which may extend to fourteen
years, and shall also be liable to fine.

459. Grievous hurt caused
whilst committing lurking house trespass or house-breaking: --Whoever, whilst
committing lurking house-trespass or house-breaking, causes grievous hurt to
any person or attempts to cause death or grievous hurt to any person, shall be
punished with ¹[imprisonment
for life], or imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.

1.
Subs. by Act 26 of 1955, sec.117
and sch., for "transportation for life" (w.e.f. 1-1-1956).

460. All persons jointly
concerned in lurking house-trespass or house-breaking by night punishable where
death or grievous hurt caused by one of them:-- If, at the time of the committing of
lurking house-trespass by night or house-breaking by night, any person guilty
of such offence shall voluntarily cause or attempt to cause death or grievous
hurt to any person, every person jointly concerned in committing such lurking
house-trespass by night or house-breaking by night, shall be punished with ¹[imprisonment for life], or with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.

1.
Subs. by Act 26 of 1955, sec.117 and
sch., for "transportation for life" (w.e.f. 1-1-1956).

461. Dishonestly breaking
open receptacle containing property:-Whoever dishonestly or with intent to commit
mischief, breaks open or unfastens any closed receptacle which contains or
which be believes to contain property, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or
with both.

462. Punishment for same
offence when committed by person entrusted with custody--
Whoever, being entrusted with any closed receptacle which contains or which he
believes to contain property, without having authority to open the same,
dishonestly, or with intent to commit mischief, breaks open or unfastens that
receptacle, shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.

Sections 425 to 440

2011-02-07T01:02:00.000-08:00

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVII

OF OFFENCES AGAINST 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 aground or ashore with intent to commit theft,
etc.

440. Mischief
committed after preparation made for causing death or hurt

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

OF MISCHIEF

425. Mischief.
—Whoever with intent to cause, or knowing that he is likely to
cause, wrongful loss or damage to the public or to any person, cause the
destruction of any property, or any such change in any property or in the
situation thereof as destroys or diminishes its value or utility, or affects it
injuriously, commits “mischief”.

Explanation 1. —It is not
essential to the offence of mischief that the offender should intend to cause
loss or damage to the owner of the property injured or destroyed. It is
sufficient if he intends to cause, or knows that he is likely to cause,
wrongful loss or damage to any person by injuring any property, whether it
belongs to that person or not.

Explanation 2. —Mischief may be
committed by an act affecting property belonging to the person who commits the
act, or to that person and others jointly.

Illustrations

(a) A voluntarily burns a valuable security belonging
to Z intending to cause wrongful loss to Z. A has committed mischief.

(b) A introduces water into an ice-house
belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A
has committed mischief.

(c) A voluntarily throws into a river a ring
belonging to Z, with the intention of thereby causing wrongful loss to Z. A has
committed mischief.

(d) A, knowing that his effects are about to be
taken in execution in order to satisfy a debt due from him to Z, destroys those
effects, with the intention of thereby preventing Z from obtaining satisfaction
of the debt, and of thus causing damage to Z. A has committed mischief.

(e) A, having insured a ship, voluntarily
causes the same to be cast away, with the intention of causing damage to the
under-writers. A has committed mischief

(f) A causes a ship to be cast away, intending
thereby to cause damage to Z who has lent money on bottomry on the ship. A has
committed mischief.

(g) A, having joint property with Z in a horse,
shoots the horse, intending thereby to cause wrongful loss to Z. A has
committed mischief.

(h) A causes cattle to enter upon a field
belonging to Z, intending to cause and knowing that he is likely to cause
damage to Z’s crop. A has committed mischief.

426. Punished
for mischief. —Whoever commits mischief shall be punished with
imprisonment of either description for a term which may extend to three months,
or with fine, or with both.

427. Mischief
causing damage to the amount of fifty rupees. —Whoever commits mischief
and thereby causes loss or damage to the amount of fifty rupees or upwards,
shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.

428. Mischief
by killing or maiming animal of the value of ten rupees. —Whoever
commits mischief by killing, poisoning, maiming or rendering useless any animal
or animals of the value of ten rupees or upwards, shall be punished with
imprisonment of either description for a term which may extend to two years, or
with fine, or with both.

429. Mischief
by killing or maiming cattle, etc., of any value or any animal of the value of
fifty rupees. —Whoever commits mischief by killing, poisoning,
maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull,
cow or ox, whatever may be the value thereof, or any other animal of the value
of fifty rupees or upwards, shall be punished with imprisonment of either
description for a term which may extend
to five years, or with fine, or with both.

430. Mischief
by injury to works of irrigation or by wrongfully diverting water.—Whoever
commits mischief by doing any act which causes, or which he knows to be likely
to cause, a diminution of the supply of the water for agricultural purposes, or
for food or drink for human beings or for animals which are property, or
cleanliness or for carrying on any manufacture, shall be punished with
imprisonment of either description far a term which may extend to five years,
or with fine, or with both.

431. Mischief
by injury to public road, bridge, river or channel. —Whoever commits
mischief by doing any act which renders or which he knows to be likely to
render any public road, bridge, navigable river or navigable channel, natural
or artificial, impassable or less safe for traveling or conveying property,
shall be punished with imprisonment of either description for a term which may
extend to five years, or with fine, or with both.

432. Mischief
by causing inundation or obstruction to public drainage attended with damage. —Whoever
commits mischief by doing any act which causes or which he knows to be likely
to cause an inundation or an obstruction to any public drainage attended with
injury or damage, shall be punished with imprisonment of either description for
term which may extend to five years, or with fine, or with both.

433. Mischief
by destroying, moving or rendering less useful a light-house or sea-mark. —Whoever
commits mischief by destroying or moving any light-house or other light used as
a sea-mark or any sea-mark or buoy or other thing placed as a guide for
navigators, or by any act which renders any such light-house, sea-mark, buoy or
other such thing as aforesaid less useful as a guide for navigators, shall be
punished with imprisonment of either description for a term which may extend to
seven years, or with fine, or with both.

434. Mischief
by destroying or moving, etc., a land- mark fixed by public authority. —Whoever
commits mischief by destroying or moving any land-mark fixed by the authority
of a public servant, or by any act which renders such land-mark less useful as
such, shall be punished with imprisonment of either description for a term
which may extend to one years, or with fine, or with both.

435. Mischief
by fire or explosive substance with intent to cause damage to amount of one
hundred or (in case of agricultural produce) ten rupees. —Whoever
commits mischief by fire or any explosive substance intending to cause, or
knowing it to be likely that he will thereby cause, damage to any property to
the amount of one hundred rupees or upwards ¹[or(where
the property is agricultural produce) ten rupees or upwards], shall be punished
with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.

1. Ins. by Act 8
of 1882, sec.10.

436. Mischief
by fire or explosive substance with intent to destroy house, etc.—Whoever
commits mischief by fire or any explosive substance, intending to cause, or
knowing it to be likely that he will thereby cause, the destruction of any
building which is ordinarily used as a place of worship or as a human dwelling
or as a place for the custody of property, shall be punished with ²[imprisonment for life], or with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.

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

437. Mischief with intent to destroy
or make unsafe a decked vessel or one of twenty tons burden: --
Whoever commits mischief to any decked vessel or nay vessel of a burden of
twenty tons or upwards, intending to destroy or render unsafe, or knowing it to
be likely that he will thereby destroy or render unsafe, that vessel, shall be
punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.

438. Punishment
for the mischief described in section 437 committed by fire or explosive
substance:-- Whoever commits, or attempts to commit, by fire or any
explosive substance, such mischief as is described in the last preceding
section, shall be punished with ¹[imprisonment for life], or with
imprisonment or either description for a term which may extend to ten years,
and shall also be liable to fine.

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

439. Punishment
for intentionally running vessel agground or ashore with intent to commit
theft, etc.:- Whoever intentionally runs any vessel aground or
ashore, intending to commit theft of any property contained therein or to
dishonestly misappropriate any such property, or with intent that such theft or
misappropriation of property may be committed, shall be punished with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.

440. Mischief
committed after preparation made for causing death or hurt: --
Whoever commits mischief having made preparation for causing to any person death,
or hurt, or wrongful restraint, or fear of death or of hurt, or of wrongful
restraint, shall be punished with imprisonment of either description for a term
which may extend to five years and shall also be liable to fine.

Sections 421 to 424

2011-02-07T01:00:00.001-08:00

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

OF FRAUDULENT DEEDS AND DISPOSITION OF PROPERTY

421. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors

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

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

OF FRAUDULENT DEEDS AND DISPOSITION OF PROPERTY

421. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. —

Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfer or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

422. Dishonestly or fraudulently preventing debt being available for creditors. —Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

423. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration. —

Whoever dishonestly or fraudulently signs, executes or becomes a party to any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

424. Dishonest or fraudulent removal or concealment of property. —

Whoever dishonestly or fraudulently conceals or removes any property of himself or any
other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Sections 415 to 420

2011-02-07T00:59:00.001-08:00

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVII

OF CHEATING

415. Cheating. :-Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat".

Explanation. —A dishonest concealment of facts is deception within the meaning of this section.

Illustrations

(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats.

(b) A, by putting a counterfeit make on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.

(c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believer that the article corresponds with the sample, and thereby, dishonestly induces Z to buy and pay for the article. A cheats.

(d) A, by tendering in payment for an article a bill on a house with which A keeps on money, and by which A expects that the will be dishonored, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.

(e) A, by pledging as diamonds article which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.

(f) A intentionally deceives Z into a belief that A means to repay any money that Z may led to him and thereby dishonestly induces Z to lend him money. A not intending to repay it A cheats.

(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver and thereby dishonestly induces Z to advance money upon the faith of such deliver. A cheats; but if A, at the of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract.

(h) A intentionally deceives Z into a belief that A has performed A's part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.

(i) A sells and coveys an estate to B.A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money for Z. A cheats.

416. Cheating by personation. —A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.

Explanation. —The offence is committed whether the individual personated is a real or imaginary person.

Illustration

(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation.

(b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.

417. Punishment for cheating. —Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine. or with both.

418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect. —Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was found, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

419. Punishment for cheating by personation. —Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

420. Cheating and dishonestly inducing delivery of property. —Whoever cheats and thereby dishonestly induces the person deceived any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Sections 410 to 414

2011-02-07T00:57:00.001-08:00

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

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

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

OF THE RECEIVING OF STOLEN PROPERTY

410. Stolen Property. —

Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which ¹[***] criminal breach of trust has been committed, is designed as “stolen property”, ²[whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without ³[India]]. But, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.

1. The words “the” and “offence of” rep. by Act 12 of 1891, sec.2 and sch. I and Act 8 of
1882, sec.9, respectively.

2. Ins. by Act 8 of 1882, sec.9.

3. The words “British India” have successively been subs. by the A.O.1948 the A.O. 1950 and
Act 3 of 1951, sec.3 and sch. to read as above.

411. Dishonestly receiving stolen property. —

Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

STATE AMENDMENT

State of Tamil Nadu:

Section 411 of principal Act shall be renumbered as sub-section (1) of that section and after sub-section
(1) as so renumbered, the following sub-section shall be added, namely: -

“(2) Whoever dishonestly receives or retains any
idol or icon stolen from any building used as a place of worship knowing or
having reason to believe the same to be stolen property shall, notwithstanding
anything contained in sub-section (1), be punished with rigorous imprisonment
which shall not be less than two years but which shall not be less than two
thousand rupees:

Provided that the court may, for
adequate and special reasons to be mentioned in the judgment, impose a sentence
of imprisonment for a term of less than two years.”

[Vide Tamil Nadu Act 28 of 1993,
section 3].

412. Dishonestly
receiving property stolen in the commission of a dacoity. —Whoever
dishonestly receives or retains any stolen property, the possession whereof he
knows or has reason to believe to have been transferred by the commission of
dacoity, or dishonestly receives from a person, whom he knows or has reason to
believe to belong or to have belonged to a gang of dacoity, property which he
knows or has reason to believe to have been stolen, shall be punished with ¹[imprisonment for life], or with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable
to fine.

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

413. Habitually dealing in stolen property. —

Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with ¹[imprisonment for life], or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.

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

414. Assisting in concealment of stolen property. —

Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has
reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Sections 403 to 409

2011-02-07T00:55:00.001-08:00

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

OF CRIMINAL MISAPPROPRIATION OF PROPERTY

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 trusty by clerk or servant

409. Criminal breach of trust by public servant, or by banker, merchant or agent

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

OF CRIMINAL MISAPPROPRIATION OF PROPERTY

403. Dishonest misappropriation of property. —

Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or
with fine, or with both.

Illustrations

(a) A takes property belonging to Z out of Z’s possession, in good faith, believing, at any time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.

(b) A, being on friendly term with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express consent. Here, if A was under the impression that he had Z’s implied consent to take the book for the purpose of reading it, A has not committed theft. But, if A afterwards sells the book for his own benefit, he is guilty of an offence under this section.

(c) A and B, being joint owners of a horse, A takes the horse out of B’s possession, intending to use it. Here, as A has a right to use the horse, he dose not dishonestly misappropriate it. But, if A
sells the horse and appropriates the whole proceeds to his own use, he is guilty of any offence under this section.

Explanation.1—A dishonest misappropriation for a time only is a misappropriation with the meaning of this section.

Illustration

A finds a government promissory note belonging to Z, bearing a blank endorsement. A knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending at a
future time to restore it to Z. A has committed an offence under this section.

Explanation 2. —A person who finds property not in the possession of any other person, and takes such property for the purpose of protecting if for, or of restoring it to, the owner does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if the appropriates it to his own use, when the knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the property a reasonable time to enable the owner to claim it.

What are reasonable means or what is a reasonable time in such a case, is a question of fact.

It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is at the time of appropriating it, he does not believe it to be his own property, or in good faith believe that the real owner cannot found.

Illustrations

(a) A find a rupee on the high road, not knowing to whom the rupee belongs, A picks up the rupee. Here A has not committed the offence defined in this section.

(b) A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section.

(c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque, appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates
the cheque without attempting to discover the owner. He is guilty of an offence under this section.

(d) A see Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence under this section.

(e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section.

(f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section.

404. Dishonest misappropriation of property possessed by deceased person at the time of his death. —

Whoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that person’s decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine; and if the offender at the time of such person’s decease was employed by him as a clerk or servant, the imprisonment may extend to seven years.

Illustration

Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section.

OF CRIMINAL BREACH OF TRUST

405. Criminal breach of trust. —

Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which
such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits “criminal breach of trust”.

¹[Explanation ²[1]. —A person, being an employer ³[of an establishment whether exempted under section 17 of the Employees’ Provident funds and Miscellaneous Provisions Act, 1952
(19 of 1952), or not] who deducts the employee’s contribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to said Fund in violation of the said law, shall be deemed to have dishonestly used the amount of the said
contribution in violation of a direction of law as aforesaid.]

⁴[Explanation
2. —A person, being an employer, who deducts the employees’ contribution from
the wages payable to the employee for credit to the Employees’ State Insurance
Fund held and administered by the Employees’ State Insurance Corporation
established under the Employees’ State Insurance Act, 1948 (34 of 1948), shall
be deemed to have been entrusted with the amount of the contribution so
deducted by him and if he makes default in the payment of such contribution to
the said Fund in violation of the said Act, shall be deemed to have dishonestly
used the amount of the said contribution in violation of a direction of law as
aforesaid.]

Illustrations

(a) A, being executor to the will of a
deceased person, dishonestly disobeys the law which directs him to divide the
effects according to the will, and appropriate them to his own use. A has
committed criminal breach of trust.

(b) A is a warehouse-keeper. Z gong on a
Journey, entrusts his furniture to A, under a contract that it shall be
returned on payment of a stipulated sum for warehouse room. A dishonestly sells
the goods. A has committed criminal breach of trust.

(c) A, residing in Calcutta, is agent for Z,
residing at Delhi. There is an express or implied contract between A and Z,
that all sums remitted by Z to A shall be invested by A, according to Z’s
direction. Z remits a lakh of rupees to A, with directions to A to invest the
same in Company’s paper. A dishonestly disobeys the direction and employs the
money in his own business. A has committed criminal breach of trust.

(d) But if A, in the last illustration, not
dishonestly but in good faith, believing that it will be more for Z’s advantage
to hold shares in the Bank of Bengal, disobeys Z’s directions, and buys shares
in the Bank of Bengal, for Z, instead of buying Company’s paper, here, though Z
should suffer loss, and should be entitled to bring a civil action against A,
on account of that loss, yet A, not having acted dishonestly, has not committed
criminal breach of trust.

(e) A, a revenue-officer, is entrusted with
public money and is either directed by law, or bound by a contract, express or
implied, with the Government, to pay into a certain treasury all the public money
which he holds. A dishonestly appropriates the money. A has committed criminal
breach of trust.

(f) A, a carrier, is entrusted by Z with
Property to be carried by land or by water. A dishonestly misappropriates the
property. A has committed criminal breach of trust.

1. Ins. by Act 40
of 1973, sec.9 (w.e.f.1-11-1973).

2. Explanation
renumbered as Explanation I by Act 38 of 1975, sec.9 (w.e.f. 1-9-1975).

3. Ins. by Act 33
of 1988, sec.27 (w.e.f.1-8-1988).

4. Ins. by Act 38
of 1975, sec.9 (w.e.f. 1-9-1975).

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

407. Criminal
breach of trust by carrier, etc.-- Whoever, being entrusted with
property as a carrier, wharfinger or warehouse-keeper, commits criminal breach
of trust in respect of such property, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also
be liable to fine.

408. Criminal
breach of trust by clerk or servant. —Whoever, being a clerk or
servant or employed as a clerk or servant, and being in any manner entrusted in
such capacity with property, or with any dominion over property, commits
criminal breach of trust in respect of that property, shall be punished with
imprisonment of either description for a term which may extend to seven years,
and shall also be liable to fine.

409. Criminal
breach of trust by public servant, or by banker, merchant or agent. —Whoever,
being in any manner entrusted with property, or with any dominion over property
in his capacity of a public servant or in the way of his business as a banker,
merchant, factor, broker, attorney or agent, commits breach of trust in respect
of that property, shall be punished with ¹[imprisonment
for life], or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.

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

Sections 389 to 402

2011-02-07T00:53:00.000-08:00

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

3

OF ROBBERY AND DACOITY

389. Putting person in fear of accusation of offence, in order to commit extortion

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

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

OF ROBBERY AND DACOITY

389. Putting person in fear of accusation of offence, in order to commit extortion. —

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit an offence punished with death or with ¹[imprisonment for life], or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine; and, if the offence be punished under section 377 of this Code, may be punished with ¹[imprisonment for life].

1. Subs. by Act
26 of 1955, sec.117 and sch., for "transportation for life" (w.e.f.1-1-1956).

390. Robbery.
—In all robbery there is either theft or extortion.

When
theft is robbery. —Theft is "robbery" if, in
order to the committing of the theft, or in committing the theft, or in carving
away or attempting to carry away property obtained by the theft, the offender,
for that end, voluntarily cause or attempts to cause to any person death or
hurt or wrongful restraint, or fear of instant death or of instant hurt, or of
instant wrongful restraint.

When extortion is robbery. —Extortion is
"robbery" if the offender, at the time of committing the extortion, is in the
presence of the person put in fear, and commits the extortion by putting that
person in fear of instant death, of instant hurt, or of instant wrongful
restraint to that person or to some other person, and, by so putting in fear,
induces the person so put in fear then and there to deliver up the thing
extorted.

Explanation. —The offender is
said to be present if he is sufficiently near to put the other person in fear of
instant death, of instant hurt, or of instant wrongful restraint.

Illustrations

(a) A hold Z down and fraudulently takes Z's
money and jewels from Z's clothes without Z's consent. Here A has committed
theft, and in order to the committing of that theft, has voluntarily caused
wrongful restraint to Z. A has therefore committed robbery.

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

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

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

391. Dacoity.
—When five or mor3e persons conjointly commit attempt to commit a
robbery, or where the whole number of persons conjointly committing or
attempting to commit a robbery, and persons present and aiding such commission
or attempt to five or more, every person so committing, attempting or aiding,
is said to commit "dacoity".

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

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

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

1. Subs. by Act
26 of 1955, sec. 117 and Sch., for "transportation for life" (w.e.f. 1-1-1956).

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

1. Subs. by Act
26 of 1955, sec.117 and sch., for "transportation for life" (w.e.f.1-1-1956).

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

1. Subs. by Act
26 of 1955, sec.117 and sch., for "transportation for life" (w.e.f.1-1-1956).

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

398. Attempt
to commit robbery or dacoity when armed with deadly weapon. —If, at
the time of attempting to commit robbery or dacoity, the armed with any deadly
weapon, the imprisonment with which such offender shall be punished shall not
be less than seven years.

399. Making
preparation to commit dacoity. —Whoever makes, any preparation for
committing dacoity, shall be punished with rigorous imprisonment for a term
which may extend to ten years, and shall also be liable to fine.

400. Punishment
for belonging to gang of dacoits. —Whoever, at any time after the
passing of this Act, shall belong to a gang of persons associated for the
purpose of habitually committing dacoity, shall be punished with¹[imprisonment
for life], or with rigorous imprisonment for a term which may extend to ten
years, and shall also be liable to fine.

1. Subs. by Act
26 of 1955, sec.117 and sch., for "transportation for life" (w.e.f.1-1-1956).

401. Punishment
for belonging to gang of thieves. —Whoever, at any time after the
passing of this Act, shall belong to any wandering or other gang of persons
associated for the purpose of habitually committing theft or robbery, and not
being a gang of thugs or dacoits, shall be punished with rigorous imprisonment
for a term which may extend to seven years, and shall also be liable to fine.

402. Assembling
for purpose of committing dacoity. - Whoever, at any time after the
passing of this Act, shall be one of five or more persons assembled for the
purpose of committing dacoity, shall be punished with rigorous imprisonment for
a term which may extend to seven years, and shall also be liable to fine.

Sections 383 to 388

2011-02-07T00:46:00.001-08:00

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

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 or grievous hurt to

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.

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

OF EXTORTION

383. Extortion.
—Whoever intentionally puts any person in fear of any injury to that
person, or to any other, and thereby dishonestly induces the person so put in
fear to deliver to any property or valuable security, or anything signed or
sealed which may be converted into a valuable security, commits “extortion”.

Illustrations

(a) A threatens to publish a defamatory libel
concerning Z unless Z give him money. He thus induces Z to give him money. A
has committed extortion.

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

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

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

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

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

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

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

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

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

Sections 378 to 382

2011-02-07T00:31:00.001-08:00

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

OF THEFT

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

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

Of Theft

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

Explanation1. -A thing so long as it is
attached to the earth, not being movable property, is not the subject of theft;
but it becomes capable of being the subject of theft as soon as it is severed
from the earth.

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

Explanation3. —A person is said to
cause a thing to move by removing an obstacle which prevented it from moving or
by separating it from any other thing, as well as by actually moving it.

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

Explanation 5. —The consent mentioned
in the definition may be express or implied, and may be given either by the
person in possession, or by any person having for the purpose authority either
express or implied.

Illustrations

(a) A cuts down a tree on Z's ground, with the
intention of dishonestly taking the tree out of Z's possession without Z's
consent. Here, as soon as A has severed the tree in order to such taking, he
has committed theft.

(b) A puts a bait for dogs in his pocket, and
thus induces Z's dog to follow it. Here, if A's intention be dishonestly to
take the dog out of Z's possession without of Z's possession without Z's
consent. A has committed theft as soon as Z's dog has begun to follow A.

(c) A meets a bullock carrying a box of
treasure. He drives the bullock in a certain direction, in order that he may
dishonestly take the treasure. As soon as the bullock begins to move, A has
committed theft of the treasure.

(d) A, being Z's servant, and entrusted by Z
with the care of Z's plate, dishonestly runs away with the plate, without Z's
consent. A has committed theft.

(e) Z, going on a journey, entrusts his plate
to A, the keeper of the warehouse, till Z shall return. A carries the plate to
a goldsmith and sells it. Here the plate was not in Z's possession. It could
not therefore be taken out of Z's possession, and A has not committed theft,
though he may have committed theft, though he may have committed criminal
breach of trust.

(f) A finds a ring belonging to Z on a table
in the house which Z occupies. Here the ring is in Z's possession, and
dishonestly removes it, A commits theft.

(g) A finds a ring lying on the highroad, not
in the possession of any person. A by taking it, commits no theft, though he
may commit criminal misappropriation of property.

(h) A sees a ring belonging to Z lying on a
table in Z's house. Not venturing to misappropriate the ring immediately for
fear of search and detection, A hides the ring in a place where it is highly
improbable that it will ever be found by Z, with the intention of taking the
ring from the hiding place and selling it when the loss is forgotten. Here A,
at the time of first moving the ring, commits theft.

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

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

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

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

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

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

(o) A is the paramour of Z's wife. She gives a
valuable property, which A knows to belong to her husband Z, and to be such
property as she has no authority from Z to give. If A takes the property
dishonestly, he commits theft

(p) A, in good faith, believing property
belonging to Z to be A's own property, takes that property out of B's
possession. Here, as A does not take dishonestly, he does not commits theft.

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

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

STATE AMENDMENTS

State
of Tamil Nadu:

Section 380 of Indian Code (Central Act XLV of 1860) (hereinafter in this
Part referred to as the principal Act) shall be renumbered as sub-section (1)
of that section and after sub-section (1) as so renumbered, the following
sub-section shall be added, namely: -

"(2) Whoever commits theft in respect of any idol
or icon in any building used as a place of worship shall be punished with rigorous
imprisonment for a term which shall not be less than two years but which may
extend to three years and with fine which shall not be less than two thousand
rupees:

Provided that the court may, for
adequate and special reasons to be mentioned in the judgment impose a sentence
of imprisonment for a term of less than two years."

[Vide Tamil Nadu Act 28 of 1993,
sec. 2].

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

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

Illustrations

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

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

Sections 375 to 377

2011-02-07T00:28:00.001-08:00

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVI

SEXUAL OFFENCES

375. Rape

376. Punishment for rape

376A. Intercourse by a man with his wife during separation

376B. Intercourse by public servant with woman in his custody

376C. Intercourse by superintendent of jail, remand home, etc.

376D. Intercourse by any member of the management of staff of a hospital with any woman in that
hospital

OF UNNATURAL OFFENCES

377. Unnatural offences

CHAPTER XVI

SEXUAL OFFENCES

¹[Sexual offences]

1. Subs. by Act 43 of 1983, sec. 3, for the heading "Of rape".

¹[375. Rape: - A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions: -

First: - Against her will.

Secondly: -without her consent.

Thirdly: - With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

Fourthly: -With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly: - With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or
intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly: - With or without her consent, when she is under sixteen years of age.

Explanation: - Penetration is sufficient to constitute the sexual intercourse necessary to the offence of
rape.

Exception: -Sexual intercourse by a man with his wife, the wife not being under fifteen years of age, is not
rape].

1. Subs. by Act
43 of 1983, sec. 3, for sections 375 and 376.

STATE AMENDMENT

Union
Territory of Manipur:

(a) In clause sixthly, for the word "sixteen" substitute the word "fourteen"; and

(b) In the Exception, for the word "fifteen" substitute the word "thirteen".

[Vide Act 30 of 1950.]

¹[376. Punishment for rape:
-

(1) Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may
be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

(1) Whoever: -

(a) Being a police officer commits rape—

(i) Within the limits of the police station
to which he is appointed; or

(ii) In the premises of any station house
whether or not situated in the police station to which he is appointed; or

(iii) On a woman is his custody or in the
custody of a police officer subordinate to him; or

(b) Being a public servant, takes advantage of
his official position and commits rape on a woman is custody as such public
servant or in the custody of a public servant subordinate to him; or

(c) Being on the management or on the staff of
a jail, remand home or other place of custody established by or under any law
for the time being in force or of a woman's or children's institution takes
advantage of his official position and commits rape on any inmate of such jail,
remand home, place or institution; or

(d) Being on the management or on the staff of
a hospital, takes advantage of his official position and commits rape on a
woman in that hospital; or

(e) Commits rape on a woman knowing her to be
pregnant; or

(f) Commits rape when she is under twelve
years of age; or

(g) Commits gang rape,

Shall be punished with rigorous
imprisonment for a term which shall not be less than ten years but which may be
for life and shall also be liable to fine:

Provided that the court may, for adequate
and special reasons to be mentioned in the judgment, impose a sentence of
imprisonment of either description for a term of less than ten years.

Explanation 1- Where a woman is
raped by one or more in a group of persons acting in furtherance of their
common intention, each of the persons shall be deemed to have committed gang
rape within the meaning of this sub-section.

Explanation 2-"Women's or
children's institution "means an institution, whether called an orphanage of a
home for neglected women or children or a widows' home or by any other name,
which is established and maintained for the reception and care of women or
children.

Explanation: 3. - "Hospital"
means the precincts of the hospital and includes the precincts of any
institution for the reception and treatment of persons during convalescence or
of persons requiring medical attention or rehabilitation].

1. Subs. by Act
43 of 1983, sec. 3, for section 375 and 376.

¹[376A. Intercourse by a man with his wife during separation:
-Whoever has sexual intercourse with his wife, who is living separately from
him under a decree of separation or under any custom or usage without her
consent shall be punished with imprisonment of either description for a term
which may extend to two years and shall also be liable to fine].

1. Subs. by Act
43 of 1983, sec. 3, for sections 375 and 376.

376B. Intercourse by public servant with
woman is his custody:- Whoever, being a public servant, takes
advantage of his official position and induces or seduces any woman, who is in
his custody as such public servant or in the custody of a public servant
subordinate to him, to have sexual intercourse with him, such sexual
intercourse not amounting to the offence of rape, shall be punished with
imprisonment of either description for a term which may extend to five years
and shall also b e liable to fine].

¹[376C. Intercourse by superintendent of jail, remand home, etc.-
Whoever, being the superintendent or manager of a jail, remand home or other
place of custody established by or under any law for the time being in force or
of a woman 's or children's institution takes advantage of his official
position and induces or seduces any female inmate of such jail, remand home,
place or institution to have sexual intercourse with him, such sexual
intercourse not amounting to the offence of rape, shall be punished with
imprisonment of either description for a term which may extend to five years
and shall also be liable to fine.

Explanation 1. —"Superintendent"
in relation to jail, remand home or other place of custody or a women's or
children's institution included a person holding any other office in such jail,
remand home, place or institution by virtue of which he can exercise any
authority or control over its inmates.

Explanation 2. — The expression
"women's or children's institution" shall have the same meaning as in
Explanation 2 to sub-section (2) of section 376.]

1. Subs. by Act
43 of 1983, sec. 3, for sections 375 and 376.

¹[376D. Intercourse by any member of the management or staff of a hospital with any
woman in that hospital. - Whoever, being on the management of a
hospital or being on the staff of a hospital takes advantage of his position
and has sexual intercourse with any woman in that hospital, such sexual
intercourse not amounting to the offence of rape, shall be punished with
imprisonment of either description for term which may extend to five years and
shall also be liable to fine.

Explanation. -The expression
"hospital" shall have the same meaning as in Explanation 3 to sub-section (2)
of section 376.]

1. Subs. by Act
43 of 1983, sec. 3, for sections 375 and 376.

OF UNNATURAL OFFENCES

377. Unnatural offences. -Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with ¹[imprisonment for life], or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.

Explanation. -Penetration is sufficient to constitute the carnal intercourse necessary to the offence
described in this section.

1. Subs. by Act 26 of 1955, sec.117. and sch., for "transportation for life" (w.e.f. 1-1-1956).

Sections 359 to 374

2011-02-07T00:23:00.001-08:00

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVI

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

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

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 yeas with intent to steal from its person

370. Buying
or disposing of any person as a slave

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

CHAPTER XVI

OF KIDNOPPING ABDUCTION, SLAVERY AND FORCED LABOUR

359. Kidnapping: - Kidnapping
is of two kinds: - kidnapping from ¹[India],
and kidnapping from lawful guardianship.

1. The words
“British India” have successively been subs. by the A. O.1948, the A.O. 1950
and Act 3 of 1951, sec. 3 and sch, to read as above.

360. Kidnapping from
India: -Whoever conveys any person beyond the limits of ¹[India] without the consent of that person,
or of some person legally authorized to consent on behalf of that person is
said to kidnap that person from ¹[India].

1. The words
“British India” have successively been subs. by the A. O.1948, the A.O. 1950
and Act 3 of 1951, sec. 3 and sch., to read as above.

361. Kidnapping from
lawful guardianship: - Whoever takes or entices any minor under ¹[sixteen] years of age if a male, or under ²[eighteen] years of age if a female, or any
person of unsound mind, out of the keeping of the lawful guardian of such minor
or person of unsound mind, without the consent of such guardian, is said to
kidnap such minor or person from lawful guardianship.

Explanation: - The words “lawful
guardian” in this section include any person lawfully entrusted with the care
of custody of such minor or other person.

Exception: - This section does
not extend to the act of any person who in good faith believes himself to be
the father of an illegitimate child, or who in good faith believes himself to
be entitled to lawful custody of such child, unless such act is committed for
an immoral or unlawful purpose.

1. Subs. by Act
42 of 1949, sec. 2, for “fourteen”.

2. Subs. by Act
42 of 1949, sec. 2, for “sixteen”.

STATE AMENDMENTS

Union
of Territory of Manipur:

In its application to Union Territory
of Manipur, in section 361 for the words ‘eighteen’ substitute the word
‘fifteen’.

[Vide Act No.30 of 1950].

362. Abduction: - Whoever
by force compels, or by any deceitful means induces, any person to go from any
place, is said to abduct that person.

363. Punishment for
kidnapping: - Whoever kidnaps any person from ¹[India] or from lawful guardianship, shall
be punished with imprisonment of either description for a term which may extend
to seven years, and shall also be liable to fine.

1. The words
“British India” have successively been subs. by the A.O.1948, the A. O.1950 and
Act 3 of 1951, sec.3 and sch., to read as above.

¹[363A.Kidnapping
or maiming a minor for purposes of begging: -

(1) Whoever kidnaps any minor or, not being the
lawful guardian of a minor, obtains the custody of the minor, in order that
such minor may be employed or used for the purpose of begging shall be
punishable with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.

(2) Whoever maims any minor in order that such
minor can be employed or used for the purposes of begging shall be punishable
with imprisonment for life, and shall also be liable to fine.

(3) Where any person, not being the lawful
guardian of minor, employs or uses such minor for the purpose of begging, it
shall be presumed, unless the contrary is proved, that he kidnapped or
otherwise obtained the custody of that minor in order that the minor might be
employed or used for the purposes of begging.

(4) In this section –

(a) “Begging” means;

(i) Soliciting or receiving alms in a public
place, whether under the pretence of singing, dancing, fortune-telling,
performing tricks or selling articles or otherwise;

(ii) Entering on any private premises for the
purpose of soliciting or receiving alms;

(iii) Exposing or exhibiting, with the object of
obtaining or e extorting alms, any sore, wound, injury, deformity or disease,
whether of himself or of nay other person or of an animal;

(iv) Using a minor as an exhibit for the purpose
of soliciting or receiving alms;

(b) “Minor” means-

(i) In the case of a male, a person under
sixteen years of age; and

(ii) In the case of a female, a person under
eighteen years of age].

1. Ins. by Act 52
of 1959, sec. 2 (w.e.f. 15-1-1960).

364. Kidnapping or
abducting in order to murder: - Whoever kidnaps or abducts any
person in order that such person may be murdered or may be so disposed of as to
be put in danger of being murdered, shall be punished with ¹[imprisonment for life] or rigorous
imprisonment for a term which may extend to ten years, and shall also be
liable to fine.

Illustrations

(a) A kidnaps Z from ²[India], intending or knowing it to be likely
that Z may be sacrificed to an idol. A has committed the offence defined in
this section.

(b) A
forcibly carries or entices B away from his home in order that B may be
murdered. A has committed the offence defined in this section.

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

2. The words
“British India” have successively been subs. by the A. O.1948, the A.O.1950 and
Act 3 of 1951, sec.3 and sch., to read as above.

¹[364A. Kidnapping for ransom, etc.—Whoever kidnaps or
abducts any person or keeps a person in detention of the such kidnapping or
abduction and threatens to cause death or hurt to such person, or by his
conduct gives rise to a reasonable apprehension that such person may be put
death or hurt, or causes hurt or death to such person in order to compel the
Government or ²[any foreign
State or international inter-governmental organization or any other person] to
do or abstain from doing any act or to pay a ransom, shall be punishable with death,
or imprisonment for life, and shall also be liable to fine].

1. Ins. by Act 42
of 1993, sec. 2 (w.e.f. 22-5-1993).

2. Subs. by Act
24 of 1995, for “any other person” (w.e.f. 26-5-1995.

365. Kidnapping or
abducting with intent secretly and wrongfully to confine person: -
Whoever kidnaps or abducts any person with intent to cause that person to be
secretly and wrongfully confined, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable
to fine.

366. Kidnapping,
abducting or inducing woman to compel her marriage, etc.-Whoever
kidnaps or abducts any woman with intent that she may be compelled, or knowing
it to be likely that she will be compelled, to marry any person against her
will, or in order that she may be forced or seduced to illicit intercourse, or
knowing it to be likely that she will be forced or seduced to illicit
intercourse shall be punished with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine; ¹[and whoever, by means of criminal
intimidation as defined in this Code or of abuse of authority or any other
method of compulsion, induces any woman to go from any place with intent that
she may be, or knowing that it is likely she will be, forced or seduced to
illicit intercourse with another person shall be punished as aforesaid].

1. Added by Act
20 of 1923, sec. 2.

¹[366A. procuration of minor girl: -Whoever, by any means
whatsoever, induces any minor girl under the age of eighteen years to go from
any place or to do any act with intent that such girl may be, or knowing that
it is likely that she will be, forced or seduced to illicit intercourse with
another person shall be punishable with imprisonment which may extend to ten
years, and shall also be liable to fine.]

1. Ins. by Act 20
of 1923, sec. 3.

¹[366B. Importation of girl from foreign country. – Whoever
imports into ²[India] from any
country outside India ³[or from
the State of Jammu and Kashmir] any girl under the age of twenty-one years with
intent that she may be, or knowing it to be likely that she will be, forced or
seduced to illicit intercourse with another person, ⁴[***] shall be punishable with imprisonment
which may extend to ten years and shall also be liable to fine.]

1. Ins. by Act 20
of 1923, sec. 3.

2. The words
“British India” have successively been subs. by the A.O. 1948, the A.O. 1950
and Act 3 of 1951, sec. 3 and Sch. to read as above.

3. Ins. by Act 3
of 1951, sec. 3 and Sch.

4. Certain words omitted by Act 3 of 1951,
sec. 3 and Sch.

367. Kidnapping or
abducting in order to subject person to grievous hurt, slavery, etc.-
Whoever kidnaps or abducts any person in order that such person may be
subjected, or may be so disposed of as to be put in danger of being subject to
grievous hurt, or slavery, or to unnatural lust of any person, or knowing it to
be likely that such person will be so subjected or disposed of, shall be
punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.

368. Wrongfully
concealing or keeping in confinement, kidnapped or abducted person:
- Whoever, knowing that any person has been kidnapped or has been abducted,
wrongfully conceals or confines such person, shall be punished in the same
manner as if he dad kidnapped or abducted such person with the same intention
or knowledge, or for the same purpose as that with or for which he conceals or
detains such person in confinement.

369. Kidnapping or
abducting child under ten years with intent to steal from its person:
- Whoever kidnaps or abducts any child under the age of ten years with the
intention of taking dishonestly any movable property from the person of such
child, shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.

370. Buying or
disposing of any person as slave: - Whoever imports, export,
removes, buys, sells or disposes of any person as a slave, or accepts, receives
or detains against his will any person as slave, shall be punished with
imprisonment of either description for a term which may extend to seven years
and shall also be liable to fine.

371. Habitual dealing
in slave: - Whoever habitually imports, exports, removes, buys,
sells, traffics or deals, shall be punished with ¹[imprisonment for life]’ or with
imprisonment of either description for a term not exceeding the years, and
shall also be liable to fine.

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

372. Selling minor
for purposes of prostitution, etc.- Whoever sells, lets to hire, or
otherwise disposes of any ¹[person
under the age of eighteen years with intent that such person shall at any age
be employed or used for the purpose of prostitution or illicit intercourse with
any person or for any unlawful and immoral purpose, or knowing it to be likely
that such person will at any age be] employed or used for any such purpose,
shall be punished with imprisonment of either description for a term which may
extend to ten years, and shall be liable to fine.

²[Explanation I: - When a female under the
age of eighteen years sold, let for hire, or otherwise disposed of to a
prostitute or to any person who keeps or manages a brothel, the so disposing of
such female shall, until the contrary is proved, be presumed to have disposed
of her with the intent that she shall be used for the purpose of prostitution.

Explanation II: - For the
purposes of this section “illicit intercourse” means sexual intercourse between
persons not united by marriage or by any union or tie which, though not
amounting to a marriage, is recognised by the personal law or custom of the
community to which they belong or, where they belong to different communities,
of both such communities, as constituting between them a quasi –marital
relation].

1. Subs. by Act
18 of 1924, sec. 2, for certain words.

2. Ins. by Act 18
of 1924, sec. 3.

373. Buying minor
for purposes of prostitution, etc.- Whoever buys, hires or otherwise
obtains possession of any ¹[person
under the age of eighteen years with intent that such person shall at any age
be employed or used for the purpose of prostitution or illicit intercourse with
any person or for any unlawful and immoral purpose, of knowing it to be likely
that such person will at any age be] employed or used for any purpose, shall be
punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.

²Explanation I- Any prostitute or any person keeping or managing
a brothel, who buys or otherwise obtains possession of a female under the age
of eighteen years shall, until the contrary is proved, be presumed to have
obtained possession of such female with the intent that she shall be used for
the purpose of prostitution.

ExplanationII-“Illicit intercourse” has the same meaning as in
section 372].

1. Subs. by Act
18 of 1924, sec, 2 for certain words.

2. Ins. by Act 18
of 1924, sec, 4.

374. Unlawful
compulsory labour: - Whoever unlawfully compels any person to labour
against the will of that person, shall be punished with imprisonment of either
description for a term which may extend to one year, or with both.

Sections 349 to 358

2011-02-07T00:21:00.000-08:00

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVI

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
or criminal force to woman with intent to outrage her modesty

355. Assault
or criminal force with intent to dishonour person, otherwise than on grave
provocation

356. Assault
of 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

CHAPTER XVI

OF CRIMINAL FORCE AND ASSAULT

349. Force: - A person is said to use force to another if he causes motion, change of motion,
or cessation of motion to that other, or if he causes to any substance such
motion, or change of motion, or cessation of motion as brings that substance
into contact with any part of that other’s body, or with anything which that
other wearing or carrying, or with anything so situated that such contact
affects that other’s sense of feeling: provided that the person causing the
motion, or change of motion, or cessation of motion causes that motion, change
of motion, or cessation of motion in one of the three ways hereinafter
described.

First:
- By his own bodily power.

Secondly:
- By disposing any substance in such a manner that the motion or change
or cessation of motion takes place without any further act on his part, or on
the part of any other person.

Thirdly:
- By inducing any animal to move, to change its motion, or to cease
to move.

350. Criminal force:
- Whoever intentionally uses force to any person, without that
person’s consent, in order to the committing of any offence, or intending by
the use of such force to cause, or knowing it to be likely that by the use of
such force he will cause injury, fear or annoyance to the person to whom the
force is used, is said to use criminal force to that other.

Illustrations

(a) Z is
sitting in a moored boat on a river. A
unfastens the moorings, and thus intentionally causes the boat to drift down
the stream. Here A intentionally causes motion to Z, and he does this by
disposing substances in such a manner that the motion is produced without any
other act on any person’s part, A has therefore intentionally used force to Z;
and if he has done so without Z’s consent, in order to the committing of any
offence, or intending or knowing in to be likely that this use of force will
cause injury, fear or annoyance to Z, A has used criminal force to Z.

(b) Z is reading in a chariot. A lashes Z’s
horses, and thereby causes them to quicken there pace. Here Z has caused change
of motion to Z by inducing the animals to change their motion. A has therefore
used force to Z; and if A has done this without Z’s consent, intending or
knowing it to be likely that he may thereby injure, frighten or annoy Z, A has
used criminal force to Z.

(c) Z is riding in a palanquin. A, intending
to rob Z, seizes the pole and stops the palanquin. Here A has caused therefore
used force to Z; and as A has acted thus intentionally, without Z’s consent, in
order to the commission of an offence. A has used criminal force to Z.

(d) A intentionally pushes against Z in the
street. Here A has by his own bodily power moved his own person so as to bring
it into contact with Z. He has therefore intentionally used force to Z; and if
he has done so without Z’s consent, intending or knowing it to be likely that
he may thereby injure, frighten or annoy Z, he has used criminal force to Z.

(e) A throws a stone intending or knowing it
to be likely that the stone will be thus brought in to contact with Z, or with
Z’s clothes, or with something carried by Z, or that it will strike water and
dash up the water against Z’s clothes or something carried by Z. Here, if the
throwing of the stone produce the effect of causing any substance to come into
contact with Z, or Z’s clothes. A has used force to Z; and if he did so without
Z’s consent, intending thereby to injure, frighten or annoy Z, he has criminal
force by Z.

(f) A intentionally pulls up a woman’s veil.
Here A intentionally uses force to her, and if he does so without her consent
intending or knowing it to be likely that he may thereby injure, frighten or
annoy her, he has used criminal force to her.

(g) Z is bathing, A pours into the bath water
which he knows to be boiling. Here A intentionally by his own bodily power
causes such motion in the boiling water as brings that water into contact with
Z, or with that water so situated that such contact must affect Z’s sense of
feeling; A has therefore intentionally used force to Z; and he has done this without
Z’s consent intending or knowing it to be likely that he may thereby cause
injury, fear, or annoyance to Z, A has used criminal force.

(h) A incites a dog to spring upon Z, without
Z; s consent. Here, if A intends to cause injury, fear or annoyance to Z, he
uses criminal force to Z.

351. Assault:
- Whoever makes any gesture, or any preparation intending or knowing it to be
likely that such gesture or preparation will cause any person present to apprehend
that he who makes that gesture or preparation is about to use criminal force to
that person, is said to commit as assault.

Explanation: - Mere words do not
amount to an assault. But the words which a person uses may give to his
gestures or preparation such a meaning as may make those gestures or
preparations amount to an assault.

Illustrations

(a) A shakes his fist at Z, intending or
knowing it to be likely that he may thereby cause Z to believe that A is about
to strike Z, A has committed an assault.

(b) A begins to unloose the muzzle of a
ferocious dog, intending or knowing it to be likely that he may thereby cause Z
to believe that he is about to cause the dog to attack Z. A has committed an
assault upon Z.

(c) A takes up a stick, saying to Z, “I will
give you a beating” Here, though the words used by A could in no case amount to
an assault, and though the mere gesture, unaccompanied by any other
circumstances, might not amount to an assault, the gesture explained by the
words may amount to an assault.

352. Punishment for
assault or criminal force otherwise than on grave provocation: -
Whoever assaults or uses criminal force to any person otherwise than on grave
and sudden provocation given by that person, shall be punished with imprisonment
of either description for a term which may extend to three months, or with fine
which may extend to five hundred, or with both.

Explanation: - Grave and sudden
provocation will not mitigate the punishment for an offence under this section,
if the provocation is sought or voluntarily provoked by the offender as an
excuse for the offence, or

If the provocation is given by
anything done in obedience to the law, or by a public servant, in the lawful
exercise of the powers of such public servant, or

If the provocation is given by
anything done in the lawful exercise of the right of private defence.

Whether
the provocation was grave and sudden enough to mitigate the offence, is a
question of fact.

353. Assault or
criminal force to deter public servant from discharge of his duty:- Whoever
assaults or uses criminal force to any person being a public servant in the
execution of his duty as such public servant, or with intent to prevent or
deter that person from discharging his duty as such public servant, or in
consequence of anything done or attempted to be done by such person in the
lawful discharge of his duty as such public servant, shall be punished with
imprisonment of either description for a term which may extend to two years, or
with fine, or with both.

354. Assault or
criminal force to woman with intent to outrage her modesty:- Whoever
assaults or uses criminal force to any woman, intending to outrage or knowing
it to be likely that he will thereby outrage her modesty, shall be punished with
imprisonment of either description for a term which may extend to two years, or
with fine, or with both.

355. Assault or
criminal force with intent to dishonour person, otherwise than on grave
provocation: - Whoever assaults or uses criminal force to any
person, intending thereby to dishonour that person, otherwise than on grave and
sudden provocation given by that person, shall be punished with imprisonment
for a term which may extend to two years, or with fine, or with both.

356. Assault or
criminal force in attempt to commit theft of property carried by a person: - Whoever
assault or uses criminal force to any person, in attempting to commit theft on
any property which that person is then wearing or carrying, shall be punished
with imprisonment of either description for a term which may extend to two
years, with fine, or with both.

357. Assault or
criminal force in attempt wrongfully to confine a person: - Whoever
assaults or uses criminal force to any person, in attempting wrongfully to
confine that person, shall be punished with imprisonment of either description
for a term which may extend to one year, or with fine which may extend to one
thousand rupees, or with both.

358. Assault or
criminal force on grave provocation: - Whoever assaults or uses
criminal force to any person on grave and sudden provocation given by that
person, shall be punished with simple imprisonment for a term which may extend
to one month, or with fine which may extend to two hundred rupees, or with
both.

Explanation: - The last section is subject to the same
Explanation as section 352.

Sections 339 to 348

2011-02-07T00:19:00.001-08:00

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVI

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

CHAPTER XVI

OF WRONGFUL RESTRAINT AND WRONGFUL CONFINEMENT

339. Wrongful
restraint: - Whoever voluntarily obstructs any person so as to
prevent that person from proceeding in any direction in which that person has right
to proceed, is said wrongfully to restrain that person.

Exception: - The obstruction of a
private way over land or water which a person in good faith believes himself to
have lawful right to obstruct, is not an offence within the meaning of this section.

Illustration

A obstructs a path along which Z has a
right to pass. A not believing in good faith that he has a right to stop the
path. Z is thereby prevented from passing. A wrongfully restrains Z.

340. Wrongful
confinement. - Whoever wrongfully restrains any person in such a
manner as to prevent that person from proceedings beyond certain circumscribing
limits, is said “wrongfully to confine” that person.

Illustrations

(a) A causes Z to go within a walled space, and
locks Z in. A is thus prevented from proceeding in any direction beyond the
circumscribing line of wall. A wrongfully confines Z.

(b) A places men with firearms at the outlets
of a building, and tells Z that they will fire at Z if Z attempts to leave the
building. A wrongfully confines Z.

341. Punishment for
wrongful restraint. - Whoever wrongfully restrains any person shall
be punished with simple imprisonment for a term, which may extend to one month,
or with fine which may extend to five hundred rupees, or with both.

342. Punishment for
wrongful Confinement. - Whoever wrongfully confines any person shall
be punished with imprisonment of either description for a term which may extend
to one year, or with fine which may extend to one thousand rupees, or with
both.

343. Wrongful
confinement for three or more days. -Whoever wrongfully confines any
person for three days, or more, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or with both.

344. Wrongful
confinement for ten or more days: - Whoever wrongfully confines any
person for ten days, or more, shall be punished with imprisonment of either
description for a term which any extend to three years, and shall also be
liable to fine.

345. Wrongful
confinement of person for whose liberation writ has been issued: - Whoever keeps any person in wrongful confinement, knowing that a writ for the
liberation of that person has been duly issued, shall be punished with
imprisonment of either description for a term which may extend to two years in
addition to any term of imprisonment to which he may be liable under any other
section of this chapter.

346. Wrongful
confinement in secret: - Whoever wrongfully confines any person in
such manner as to indicate and intention that the confinement of such person
may not be known to any person interested in the person so confined, or to any
public servant, or that the place of such confinement may not be known to or
discovered by any such person or public servant as hereinbefore mentioned,
shall be punished with imprisonment of either description for a term which may
extend to two years in addition to any other punishment to which he may be
liable for such wrongful confinement.

347. Wrongful
confinement to extort property, or constrain to illegal act: - Whoever wrongfully confines any person interested in the person confined, any
property or valuable security or of constraining the person confined or any
person interested in such person to do anything illegal or to give any
information which may facilitate the commission of an offence, shall be
punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.

348. Wrongful
confinement to extort confession, or compel restoration of property: - Whoever wrongfully confines any person for the purpose of extorting from the
person confined or any person interested in the person confined any confession
or any information which may led to the detection of an offence or misconduct,
or for the purpose of constraining the person confined or any person interested
in the person confined to restore or to cause the restoration of any property
or valuable security or to satisfy any claim or demand, or to give information
which may lead to the restoration of any property or valuable security, shall
be punished with imprisonment of either description for a term which may extend
to three years, and shall also be liable to fine.

Sections 319 to 338

2011-02-07T00:18:00.001-08:00

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVI

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

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

CHAPTER XVI

OF HURT

319. Hurt. - Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

320. Grievous hurt. — The following kinds of hurt only are designated as "grievous"

First. - Emasculation.

Secondly. - Permanent privation of the sight of either eye.

Thirdly- Permanent privation of the hearing of either ear.

Fourthly. - Privation of any member or joint.

Fifthly. -Destruction or permanent impairing of the powers of any member or joint.

Sixthly. - Permanent disfiguration of the head or face.

Seventhly. - Fracture or dislocation of a bone or tooth.

Eighthly. - Any hurt which endangers life or which causes the sufferer to be during

the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

321. Voluntarily causing hurt. - Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any
person, and does thereby cause hurt to any person, is said "voluntarily to
cause hurt".

322. Voluntarily causing grievous hurt. - Whoever voluntarily causes hurt, if the hurt which the intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which
he causes is grievous hurt, is said "voluntarily to cause grievous hurt".

Explanation.
- A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind; he actually causes grievous hurt of another kind.

Illustration

A, intending or knowing himself to be likely permanently to disfigure Z's face, gives Z a blow which does not permanently disfigure Z's face, but which cause Z to suffer severe bodily pain
for the space of twenty days. A has voluntarily caused grievous hurt.

323. Punishment for voluntarily causing hurt: - whoever, except in the case provided for by section 334,voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

324. Voluntarily causing hurt by dangerous weapons or means: - whoever, except in the case provided for by section 334,voluntarily causes hurt by means of any instrument for shooting,
stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

325. Punishment for voluntarily causing grievous hurt: - Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine.

326. Voluntarily causing grievous hurt by dangerous weapons or means- Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with ¹[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

1. Subs. by Act 26 of 1955, sec. 117 and sch., for "transportation for life" (w.e.f.1-1-1956).

327. Voluntarily causing hurt to extort property, or to constrained to an illegal act: -Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do
anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

328. Causing hurt by means of poison, etc. with intent to commit an offence:- Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt such person, or with intent to commit or to facilitate the commission of an offence or knowing in to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

329. Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act: - Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer any property or valuable security, or of constraining the sufferer or any person interested in such
sufferer to do anything that is illegal or which may facilitate the commission of an offence, shall be punished with ¹[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

1. Subs. by Act 26 of 1955, sec.117 and sch., for "transportation for life" (w.e.f. 1-1-1956).

330. Voluntarily causing hurt to extort confession, or to compel restoration of property: - Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer, any confession or any information which may lead to the detection of
an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, shall also be liable to fine.

Illustrations

(a) A, a police-officer, tortures Z in order to induce Z to confess that he committed a crime. A guilty of an offence under this section.

(b) A, a police officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section.

(c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from Z. A is guilty of an offence under this section.

(d) A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty of an offence under this section.

331. Voluntarily causing grievous hurt to extort confession, or to compel restoration of property. —Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer
any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

332. Voluntarily causing hurt to deter public servant from his duty: - whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that
person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

333. Voluntarily causing grievous hurt to deter public servant from his duty: - Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

334. Voluntarily causing hurt on provocation: - Whoever voluntarily causes hurt on grave and sudden provocation, if the neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the
provocation, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

335. Voluntarily causing grievous hurt on provocation: - Whoever ¹[voluntarily] causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to four years or with fine which may extend to two thousand rupees, or with both

Explanation: - The last two sections are subject to the same provisos as Explanation 1, section 300.

1. Ins. by Act 8 of 1882, sec.8.

336. Act endangering life or personal safety of others: - Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both.

337. Causing hurt by act endangering life or personal safety of others: - Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with
imprisonment of either description for term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

338. Causing grievous hurt by act endangering life or personal safety of others:- whoever causes grievous hurt to any person to doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall
be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

Sections 312 to 318

2011-02-07T00:17:00.000-08:00

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVI

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

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

CHAPTER XVI

OF THE CAUSING OF MISCARRIAGE, OF INJURIES TO UNBORN CHILDREN, OF
THE EXPOSURE OF INFANTS, AND OF THE CONCEALMENT OF BIRTHS.

312. Causing
miscarriage: - Whoever voluntarily causes a woman with child to miscarry, shall, if such
miscarriage be not caused in good faith for the purpose of saving the life of
the woman, be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both, and, if the woman be
quick with child, shall be punished with imprisonment of either description for
a term which may extend to seven years, and shall also be liable to fine.

Explanation:- A woman who
causes herself to miscarry, is within the meaning of this section.

313. Causing
miscarriage without woman’s consent:- whoever commits the offence defined in the last
preceding section without the consent of the woman, whether the woman is quick
with child or not, shall be punished with ¹[
imprisonment for life] or with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.

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

314. Death
caused by act done with intent to cause miscarriage: - whoever, with intent to
cause the miscarriage of woman with child, does any act which causes the death
of such woman, shall be punished with imprisonment of either description for a
term may extend to ten years, and shall also be liable to fine.

If act done without woman’s consent:- And if the act is done
without the consent of the woman, shall be punished either with ¹[imprisonment for life] or with the
punishment above mentioned.

Explanation: - It is not
essential to this offence that the offender should know that the act is likely
to cause death.

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

315. Act done
with intent to prevent child being born alive or to cause it to die after
birth: - Whoever before the birth of any child does any act with the intention of
thereby preventing that child from being born alive or causing it to die after
its birth, and does by such prevent that child from being born alive, or causes
it to die after its birth, shall, if such act be not caused in good faith for
the purpose of saving the life of the mother, be punished with imprisonment of
either description for a term which may extend to ten years, or with fine, or
with both.

316. Causing
death of quick unborn child by act amounting to culpable homicide:- whoever does any act under
such circumstances, that if he thereby caused death he would be guilty of
culpable homicide, and does by such act cause the death of a quick unborn
child, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.

Illustration.

A, knowing that he is likely
to cause the death of a pregnant woman, does an act which, if it caused the
death of the woman, would amount to culpable homicide. The woman is injured,
but does not die, but the death of an unborn quick child with which she is
pregnant is thereby caused. A is guilty of the offence defined in this section.

317. Exposure and abandonment of child under twelve years, by
parent or person having care of it.- Whoever being the father or
mother of a child under the age of twelve years, having the care of such child,
shall expose or leave such child in any place with the intention of wholly
abandoning such child, shall be punished with imprisonment of either
description for a term which may extend to seven years; or with fine, or with
both.

Explanation.-
this section is note intended to prevent the trial of the offender for murder
or culpable homicide, as the case may be, if the child die in consequence of
exposure.

318. Concealment
of birth by secret disposal of dead body. - whoever, by secretly burying or otherwise
disposing of the death body of a child whether such child die before or during
its birth, intentionally conceals or endeavours to conceal the birth of such
child, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.

Sections 299 to 311

2011-02-07T00:15:00.001-08:00

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XVI

OF OFFENCES AFFECTING THE HUMAN
BODY

OF OFFENCES AFFECTING LIFE

299. Culpable homicide

300. Murder When culpable homicide is not murder

301. Culpable homicide by causing death or 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

CHAPTER XVI

OF OFFENCES
AFFECTING THE HUMAN BODY

299. Culpable homicide:
--

Whoever causes death by doing an act with the intention of causing death,or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.

Illustrations

(a) A lays sticks and turf over a pit, with the intention of there by causing death, or with the knowledge that death is likely to be thereby caused. Z believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide.

(b) A knows Z to be behind a bush. B does not know it A, intending to cause, or knowing it to be likely to cause Z’s death,
induces B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.

(c) A, by shooting at a fowl with intent to kill and steal it, kills B who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death.

Explanation 1—A person who
causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death.

Explanation 2—Where death is
caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented.

Explanation 3—The causing of
the death of child in the mother’s womb is not homicide. But it may amount to
culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been
completely born.

300. Murder: --

Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the
death is caused is done with the intention of causing death, or—

2ndly—

If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or—

3rdly—

If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death,
or—

4thly—If the person committing the act knows that it is so imminently dangerous that it must, in all probability,
cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.

Illustrations

(a) A shoots Z with the intention of killing him. Z dies in consequence. A commits
murder.

(b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the
intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the
ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him
such a blow as would not in the ordinary course of nature kill a person in a sound state of heath, here A, although he may intend to cause bodily injury, is
not guilty of murder, if he d8id not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death.

(c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of
nature. Z dies in consequence. Here, A is guilty of murder, although he may not have intended to cause Z’s death.

(d) A without any excuse fires a loaded connon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual.

Exception I—

When culpable homicide is not murder—

Culpable homicide is not murder if the offender, whilst deprived of the power of
self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident.

The above exception is
subject to the following provisos :--

First—That the provocations not sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person.

Secondly—That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant.

Thirdly—That the provocations not given by anything done in the lawful exercise of the right of private defence.

Explanation—Whether the
provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.

Illustrations

(a)
A, under the influence of passion excited by a provocation given by Z, intentionally kills, Y, Z’s child. This is murder, in as much as the provocation was not given by the child, and the death
of the child was not caused by accident or misfortune in doing an act caused by the provocation.

(b)
Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide.

(c)
A is lawfully arrested by Z, a
bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This murder, inasmuch as the provocation was given by a thing done by a public servant in the exercise of his powers.

(d)
A appears as a witness before Z, a
Magistrate, Z says that he does not believe a word of A’s deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder.

(e)
A attempts to pull Z’s nose, Z, in the exercise of the right of private defence, lays hold of a to prevent him form doing so. A is moved to sudden and violent passion in consequence, and
kills Z. This is murder, inasmuch as the provocation was given by a thing done in
the exercise of the right of private defence.

(f)
Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder.

Exception2—Culpable homicide is not murder if the offender, in the exercise in good faith of the
right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence.

Illustration

Z attempts to horsewhip A,
not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other
means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide.

Exception 3—Culpable
homicide is not murder if the offender, being a public servant or aiding a public servant acting or the advancement of public justice, exceeds the powers
given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused.

Exception 4—Culpable
homicide is not murder if it is committed without premeditation in a sudden
fight in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual manner.

Explanation—It is immaterial
in such cases which party offers the provocation or commits the first assault.

Exception 5—Culpable
homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.

Illustration

A, by instigation, voluntarily causes, Z, a person under eighteen years of age to commit suicide.
Here, on account of Z’s youth, he was incapable of giving consent to his own death; A has therefore abetted murder.

301. Culpable homicide by causing death of person other than person whose death was intended:-

If a person, by doing anything which he intends or knows
to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of
which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause.

302. Punishment for murder: -

Whoever commits murder shall be punished with death, or ¹[imprisonment
for life] and shall also be liable to fine.

1. Subs.by
Act 26 of 1955, sec. 117and sch. for “transportation for life”(w .e.
f.1.1.1956).

303. Punishment for murder by life convict:-whoever, being under sentence of ¹ [imprisonment for life],commits murder, shall
be punished with death.

1.
Subs. by Act 26 of 1955, sec.117
and sch., for “transportation for life” (W.e.f.1-1-1956).

304. Punishment
for culpable homicide not amounting to murder: -

Whoever commits culpable
homicide not amounting to murder shall be punished with ¹[imprisonment for life ],or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death,

1.
Subs. by Act 26 of 1955, sec.117
and sch., for “transportation for life” (W.e.f.1-1-1956).

Or with imprisonment of
either description for a term which may extend to ten years, or with fine, or
with both, if the act is done with the knowledge that it is likely to cause
death ,but without any intention to cause death, or to cause such bodily injury
as is likely to cause death.

¹[304A. Causing death by negligence: -

Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.]

1.
Ins. by Act 27 of 1870, sec.12.

¹[304B. Dowery death: -

(1) Where
the death of a woman is caused by any burns or bodily injury or occurs
otherwise than under normal circumstances within seven years of her marriage and
it is shown that soon before her death she was subjected to cruelty or
harassment by her husband or any relative of her husband for, or in connection
with, any demand for dowry, such death shall be called “dowry death” and such
husband or relative shall be deemed to have caused her death.

Explanation:-For the purpose
of this sub-section, “dowry” shall have the same meaning as in section 2 of the
Dowry Prohibition Act, 1961 ( 28 of 1961).

(2) Whoever commits dowry death shall be
punished with imprisonment for a term which shall not be less than seven years
but which may extend to imprisonment for life.]

1.
Ins. by Act 43 of 1986, sec.10
(w.e.f.19-11-1986).

305. Abetment
of suicide of child or insane person: - If any person under eighteen years of age, any
insane person, any delirious person, any idiot, or any person in a state of
intoxication, commits suicide, whoever abets the commission of such suicide,
shall be punished with death or ¹[
imprisonment for life], or imprisonment for a term not exceeding ten years, and shall also be liable to fine.

1.
Subs. by Act 26 of 1955, sec.117
and sch., for (transportation for life” (w.e.f. 1-1-1956).

306. Abetment
of suicide: - If any person commits suicide, whoever abets the commission of such suicide, shall
be punished with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.

307. Attempt
to murder: - Whoever does any act with such intention or knowledge, and under such
circumstances that, if he by that act caused death, he would be guilty or
murder, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine, and is hurt is
caused to any person by such act, the offender shall be liable either to ¹[imprisonment for life], or to such
punishment as is hereinbefore mentioned.

Attempts by life
convicts:- ² when any person offending under this section is under sentence of ¹[imprisonment for life] he may, if hurt is
caused, be punished with death].

Illustrations.

(a) A shoots at Z with intention to kill him,
under such circumstances that, if death ensued. A would be guilty of murder. A
is liable to punishment under this section.

(b) A, with the intention of causing the death
of a child of tender years, exposes it is a desert place. A has committed the
offence defined by this section, though the death of the child does not ensure.

(c) A, intending to murder Z, buys a gun and
loads it. A has not yet committed the offence. A fires the gun at Z. He has
committed the offence defined in this section, and if by such firing he wounds
Z, he is liable to the punishment provided by the latter part of ³[the first paragraph of ] this section.

(d) A, intending to murder Z by poison, purchases
poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined
in this section. A places the food on Z’ s table or delivers it to Z’s servant
to place it on Z’s table. A has committed the offence defined in this section.

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

2. Ins.
by Act 27 of 1870, sec. 11.

3. Ins. By Act 12 of 1891, sec. 2 and Sch. II.

308. Attempt
to commit culpable homicide: - Whoever does any Act with such intention or
knowledge and under such circumstances that, if he by that Act caused death, he
would be guilty of culpable homicide not amount to murder, shall be punished
with imprisonment of either description for a term which may extend to three
years, or with fine, or with both, and if hurt is caused to any person by such
Act, shall be punished with imprisonment of either description for a term which
may extend to seven years, or with fine, or with both.

Illustration

A, on grave and sudden
provocation, fires a pistol at Z, under such circumstances that if he thereby
caused death he would be guilty of culpable homicide not amounting to murder. A
has committed the offence defined in this section.

309. Attempt
to commit suicide:- whoever attempts to commit suicide and does any act towards the
commission of such offence, shall be punished with simple imprisonment for term
which may extend to one year ¹[
or with fine, or with both].

1. Subs. by Act 8 of 1882,
sec.7, for “and shall also be liable to fine”.

310. Thug:
- Whoever,
at any time after the passing of this act, shall have been habitually
associated with any other or others for the purpose of committing robbery or
child-stealing by means of or accompanied with murder, is a thug.

311. Punishment:
- whoever
is thug, shall be punished with ¹[imprisonment
for life] and shall also be liable to fine.

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

Sections 295 to 298

2011-02-07T00:13:00.001-08:00

THE INDIAN PENAL CODE, 1860

CONTENTS

CHAPTER XV

OF OFFENCES RELATING TO RELIGION

295. Injuring
or defiling place or worship 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 of any
person

CHAPTER XV

OF OFFENCES
RELATING TO RELIGION

295. Injuring
or defiling place of worship with intent to insult the religion of any class: -- Whoever destroys,
damages or defiles any place of worship, or any object held sacred by any class
of persons with the intention of thereby insulting the religion of any class of
persons or with the knowledge that any class of persons is likely to consider
such destruction, damage or defilement as a insult to their religion, shall be
punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.

¹[295A. Deliberate and
malicious acts, intended to outrage religious feelings or any class by
insulting its religion or religious beliefs: -- Whoever, with
deliberate and malicious intention of outraging the religious feelings of any
class of ²[citizens of India], ³[by words, either spoken or written, or by
signs or by visible representations or otherwise], insults or attempts to
insult the religion or the religious beliefs of that class, shall be punished
with imprisonment of either description for a term which may extend to ⁴[three years], or with fine, or with both.]

1. Ins. by Act 25 of
1927, s. 2.

2. Subs. by the A.O.
1950, for “His Majesty’s subjects”.

3. Subs. by Act 41 of
1961, s. 3, for certain words.

4. Subs. by Act 41 of
1961, s. 3, for “two years”.

296. Disturbing
religious assembly: --Whoever voluntarily causes disturbance to any assembly lawfully engaged
in the performance of religious worship, or religious ceremonies, shall be
punished with imprisonment of either description for a term which may extend to
one year, or with fine, or with both.

297. Trespassing
on burial places, etc.: --Whoever, with the intention of wounding the feelings of any person,
or of insulting the religion of any person, or with the knowledge that the
feelings of any person are likely to be wounded, or that the religion or any
person is likely to be insulted thereby,

Commits any trespass in any
place of worship or on any place of sepulture, or any place set apart from the
performance of funeral rites or as a depository for the remains of the dead, or
offers any indignity to any human corpse, or causes disturbance to any persons
assembled for the performance of funeral ceremonies,

Shall be punished with
imprisonment of either description for a term which may extend to one year, or
with fine, or with both.

298. Uttering,
words, etc., with deliberate intent to wound the religious feelings of any
person:
--Whoever, with the deliberate intention of wounding the religious feelings of
any person, utters any word or makes any sound in the hearing of that person or
makes any gesture in the sight of that person or places any object in the sight
of that person, shall be punished with imprisonment of either description for a
term which may extend to one year, or with fine, or with both.