Law of CRIMES (in 3 Volumes) 2018 by Shriniwas Gupta & Dr. Preeti Mishra

CHAPTER I

INTRODUCTION

Preamble

1. Title and extent of operation of the Code

2. Punishment of offences committed within India

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

4. Extension of Code to extra-territorial offences

5. Certain laws not to be affected by this Act

CHAPTER II

GENERAL EXPLANATIONS

6. Definitions in the Code to be understood subject to exceptions

7. Sense of expression once explained

8. Gender

9. Number

10. “Man”, “Woman”

11. “Person”

12. “Public”

13. (Repealed)

14. “Servant of Government”

15. (Repealed)

16. (Repealed)

17. “Government”

18. “India”

19. “Judge”

20. “Court of Justice”

21. “Public servant”

22. “Movable property”

23. “Wrongful gain”

“Wrongful loss”

“Gaining wrongfully”, “Losing wrongfully”

24. “Dishonestly”

25. “Fraudulently”

26. “Reason to believe”

27. Property in possession of wife, clerk or servant

28. “Counterfeit”

29. “Document”

29A. “Electronic record”

30. “Valuable security”

31. “A will”

32. Words referring to acts include illegal omissions

33. “Act”, “Omission”

34. Acts done by several persons in furtherance of common intention

35. When such an act is criminal by reason of its being done with a criminal knowledge or intention

36. Effect caused partly by act and partly by omission

37. Co-operation by doing one of several acts constituting an offence

38. Persons concerned in criminal act may be guilty of different offences

39. “Voluntarily”

40. “Offence”

41. “Special law”

42. “Local law”

43. “Illegal”, “Legally bound to do”

44. “Injury”

45. “Life”

46. “Death”

47. “Animal”

48. “Vessel”

49. “Year”, “Month”

50. “Section”

51. “Oath”

52. “Good faith”

52A. “Harbour”

CHAPTER III

OF PUNISHMENTS

53. “Punishments”

53A. Construction of reference to transportation

54. Commutation of sentence of death

55. Commutation of sentence of imprisonment for life

55A. Definition of “appropriate Government”

56. (Repealed)

57. Fractions of terms of punishment

58. (Repealed)

59. (Repealed)

60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple

61. (Repealed)

62. (Repealed)

63. Amount of fine

64. Sentence of imprisonment for non-payment of fine

65 Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable

66. Description of imprisonment for non-payment of fine

67. Imprisonment for non-payment of fine, when offence punishable with fine only

68. Imprisonment to terminate on payment of fine

69. Termination of imprisonment on payment of proportional part of fine

70. Fine leviable within six years or during imprisonment. Death not to discharge property from liability

71. Limit of punishment of offence made-up of several offences

72. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which

73. Solitary confinement

74. Limit of solitary confinement

75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction

Law of CRIMES (in 3 Volumes)

CHAPTER IV

GENERAL EXCEPTIONS

76. Act done by a person bound, or by mistake of fact believing himself bound, by law

77. Act of Judge when acting judicially

78. Act done pursuant to the judgment or order of Court

79. Act done by a person justified, or by mistake of fact believing himself justified by law

80. Accident in doing a lawful act

81. Act likely to cause harm, but done without criminal intent, and to prevent other harm

82. Act of a child under seven years of age

83. Act of a child above seven and under twelve of immature understanding

84. Act of a person of unsound mind

85. Act of a person incapable of judgment by reason of intoxication caused against his will

86. Offence requiring a particular intent or knowledge committed by one who is intoxicated

87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent

88. Act not intended to cause death, done by consent in good faith for person’s benefit

89. Act done in good faith for benefit of child or insane person, by or by consent of guardian

90. Consent known to be given under fear or misconception

Consent of insane person

Consent of child

91. Exclusion of acts which are offences independently of harm caused

92. Act done in good faith for benefit of a person without consent

93. Communication made in good faith

94. Act to which a person is compelled by threats

95. Act causing slight harm

Of the right of private defence

96. Things done in private defence

97. Right of private defence of the body and of property

98. Right of private defence against the act of a person of unsound mind, etc.

99. Acts against which there is no right of private defence

Extent to which the right may be exercised

100. When the right of private defence of the body extends to causing death

101. When such right extends to causing any harm other than death

102. Commencement and continuance of the right of private defence of the body

103. When the right of private defence of property extends to causing death

104. When such right extends to causing any harm other than death

105. Commencement and continuance of the right of private defence of property

106. Right of private defence against deadly assault when there is risk of harm to innocent person

CHAPTER V

OF ABETMENT

107. Abetment of a thing

108. Abettor

108A. Abetment in India of offences outside India

109. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment

110. Punishment of abetment if person abetted does act with different intention from that of abettor

111. Liability of abettor when one act abetted and different act done

112. Abettor when liable to cumulative punishment for act abetted and for act done

113. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor

114. Abettor present when offence is committed

115. Abetment of offence punishable with death or imprisonment for life—if offence not committed

if act causing harm be done in consequence

116. Abetment of offence punishable with imprisonment—if offence be not committed

if abettor or person abetted be a public servant whose duty it is to prevent offence

117. Abetting commission of offence by the public or by more than ten persons

118. Concealing design to commit offence punishable with death or imprisonment for life

if offence be committed — if offence be not committed

119. Public servant concealing design to commit offence which it is his duty to prevent

if offence be committed

if offence be punishable with death, etc.

if offence be not committed

120. Concealing design to commit offence punishable with imprisonment

if offence be committed — if offence be not committed

CHAPTER VA

CRIMINAL CONSPIRACY

120A. Definition of criminal conspiracy

120B. Punishment of criminal conspiracy

Law of CRIMES (in 3 Volumes)

CHAPTER VI

OF OFFENCES AGAINST THE STATE

121. Waging or attempting to wage war or abetting waging of war, against the Government of India

121A. Conspiracy to commit offences punishable by section 121

122. Collecting arms, etc., with intention of waging war against the Government of India

123. Concealing with intent to facilitate design to wage war

124. Assaulting President, Government, etc., with intent to compel or restrain the exercise of any lawful power

124A. Sedition

125. Waging war against any Asiatic Power in alliance with the Government of India

126. Committing depredation on territories of power at peace with the Government of India

127. Receiving property taken by war or depredation mentioned in sections 125 and 126

128. Public servant voluntarily allowing prisoner of State or war to escape

129. Public servant negligently suffering such prisoner to escape

130. Aiding escape of, rescuing or harbouring such prisoner

Law of CRIMES (in 3 Volumes)

CHAPTER VII

OF OFFENCES RELATING TO THE ARMY,

NAVY AND AIR FORCE

131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty

132. Abetment of mutiny if mutiny is committed in consequence thereof

133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office

134. Abetment of such assault, if the assault is committed

135. Abetment of desertion of soldier, sailor or airman

136. Harbouring deserter

137. Deserter concealed on board merchant vessel through negligence of master

138. Abetment of act of insubordination by solider, sailor or airman

138A. (Repealed)

139. Persons subject to certain Acts

140. Wearing garb or carrying token used by soldier, sailor or airman

CHAPTER VIII

OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

141. Unlawful assembly

142. Being member of unlawful assembly

143. Punishment

144. Joining unlawful assembly armed with deadly weapon

145. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse

146. Rioting

147. Punishment for rioting

148. Rioting, armed with deadly weapon

149. Every member of unlawful assembly guilty of offence committed in prosecution of common object

150. Hiring, or conniving at hiring, to persons to join unlawful assembly

151. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse

152. Assaulting or obstructing public servant when suppressing riot, etc.

153. Wantonly giving provocation with intent to cause riot

If rioting be committed

If not committed

153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony

Offence committed in place of worship, etc.

153AA. Punishment for knowingly carrying arms in any procession or organising, or holding or taking part in any mass drill or mass training with arms

153B. Imputations, assertions prejudicial to national integration

154. Owner or occupier of land on which an unlawful assembly is held

155. Liability of person for whose benefit riot is committed

156. Liability of agent of owner or occupier for whose benefit riot is committed

157. Harbouring persons hired for an unlawful assembly

158. Being hired to take part in an unlawful assembly or riot

or to go armed

159. Affray

160. Punishment for committing affray

Law of CRIMES (in 3 Volumes)

CHAPTER IX

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

161. Public servant taking gratification other than legal remuneration in respect of an official act (Omitted)

162. Taking gratification, in order, by corrupt or illegal means, to influence public servant (Omitted)

163. Taking gratification, for exercise of personal influence with public servant (Omitted)

164. Punishment for abetment by public servant of offences defined in section 162 or 163 (Omitted)

165. Public servant obtaining valuable thing, without consideration, from person concerned in proceeding or business transacted by such public servant (Omitted)

165A. Punishment for abetment of offences defined in section 161 or section 165 (Omitted)

166. Public servant, disobeying law, with intent to cause injury to any person

166A.Public servant disobeying direction under law

166B. Punishment for non-treatment of victim

167. Public servant framing an incorrect document with intent to cause injury

168. Public servant unlawfully engaging in trade

169. Public servant unlawfully buying or bidding for property

170. Personating a public servant

171. Wearing garb or carrying token used by public servant with fraudulent intent

CHAPTER IXA

OF OFFENCES RELATING TO ELECTIONS

171A. “Candidate”, “Electoral right” defined

171B. Bribery

171C. Undue influence at elections

171D. Personation at elections

171E. Punishment for bribery

171F. Punishment for undue influence or personation at an election

171G. False statement in connection with an election

171H. Illegal payments in connection with an election

171-I. Failure to keep election accounts

Law of CRIMES (in 3 Volumes)

CHAPTER X

OF CONTEMPTS OF THE LAWFUL AUTHORITY OF

PUBLIC SERVANTS

172. Absconding to avoid service of summons or other proceeding

173. Preventing service of summons or other proceeding or preventing publication thereof

174. Non-attendance in obedience to an order from public servant

174A. Non-appearance in response to a proclamation under section 82 of Act 2 of 1974

175. Omission to produce document to public servant by person legally bound to produce it

176. Omission to give notice or information to public servant by person legally bound to give it

177. Furnishing false information

178. Refusing oath or affirmation when duly required by public servant to make it

179. Refusing to answer public servant authorized to question

180. Refusing to sign statement

181. False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation

182. False information, with intent to cause public servant to use his lawful power to the injury of another person

183. Resistance to the taking of property by the lawful authority of a public servant

184. Obstructing sale of property offered for sale by authority of public servant

185. Illegal purchase or bid for property offered for sale by authority of public servant

186. Obstructing public servant in discharge of public functions

187. Omission to assist public servant when bound by law to give assistance

188. Disobedience to order duly promulgated by public servant

189. Threat of injury to public servant

190. Threat of injury to induce person to refrain from applying for protection to public servant

Law of CRIMES (in 3 Volumes)

CHAPTER XI

OF FALSE EVIDENCE AND OFFENCES AGAINST

PUBLIC JUSTICE

191. Giving false evidence

192. Fabricating false evidence

193. Punishment for false evidence

194. Giving or fabricating false evidence with intent to procure conviction of capital offence

if innocent person be thereby convicted and executed

195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment

195A. Threatening any person to give false evidence

196. Using evidence known to be false

197. Issuing or signing false certificate

198. Using as true a certificate known to be false

199. False statement made in declaration which is by law receivable as evidence

200. Using as true such declaration knowing it to be false

201. Causing disappearance of evidence of offence, or giving false information to screen offender

if a capital offence

if punishable with imprisonment for life

if punishable with less than ten years imprisonment

202. Intentional omission to give information of offence by person bound to inform

203. Giving false information respecting an offence committed

204. Destruction of document or electronic record to prevent its production as evidence

205. False personation for purpose of act or proceeding in suit or prosecution

206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution

207. Fraudulent claim to property to prevent its seizure as forfeited or in execution

208. Fraudulently suffering decree for sum not due

209. Dishonestly making false claim in Court

210. Fraudulently obtaining decree for sum not due

211. False charge of offence made with intent to injure

212. Harbouring offender

if a capital offence

if punishable with imprisonment for life, or with imprisonment

213. Taking gift, etc., to screen an offender from punishment

if a capital offence

if punishable with imprisonment for life, or with imprisonment

214. Offering gift or restoration of property in consideration of screening offender

if a capital offence

if punishable with imprisonment for life, or with imprisonment

215. Taking gift to help to recover stolen property, etc.

216. Harbouring offender who has escaped from custody or whose apprehension has been ordered

if a capital offence

if punishable with imprisonment for life, or with imprisonment

216A. Penalty for harbouring robbers or dacoits

216B. (Repealed)

217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture

218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture

219. Public servant in judicial proceeding corruptly making report, etc., contrary to law

220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law

221. Intentional omission to apprehend on the part of public servant bound to apprehend

222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed

223. Escape from confinement or custody negligently suffered by public servant

224. Resistance or obstruction by a person to his lawful apprehension

225. Resistance or obstruction to lawful apprehension of another person

225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for

225B. Resistance or obstruction to lawful apprehension, or escape or rescue, in cases not otherwise provided for

226. (Repealed)

227. Violation of condition of remission of punishment

228. Intentional insult or interruption to public servant sitting in judicial proceeding

228A. Disclosure of identity of the victim of certain offences, etc.

229. Personation of a juror or assessor

229A. Failure by person released on bail or bond to appear in Court

230. “Coin” defined

Indian coin

231. Counterfeiting coin

232. Counterfeiting Indian coin

233. Making or selling instrument for counterfeiting coin

234. Making or selling instrument for counterfeiting Indian coin

235. Possession of instrument or material for the purpose of using the same for counterfeiting coin

if Indian coin

236. Abetting in India the counterfeiting out of India of coin

237. Import or export of counterfeit coin

238. Import or export of counterfeits of the Indian coin

239. Delivery of coin, possessed with knowledge that it is counterfeit

240. Delivery of Indian coin, possessed with knowledge that it is counterfeit

241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit

242. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof

243. Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof

244. Person employed in mint causing coin to be of different weight or composition from that fixed by law

245. Unlawfully taking coining instrument from mint

246. Fraudulently or dishonestly diminishing weight or altering composition of coin

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