INDIAN PENAL CODE

Chapter-1 Introduction

Preamble:- Whereas it is expedient to provide a general code for India it is enacted as follows:

Sec. 1. Title and extent of operation of the Code:- This Act shall be called the India Penal Code, and shall extend to the whole of India except the State of Jammu and Kashmir.

Sec. 2. Punishment of offences committed within India:- Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.

Sec. 3. Punishment of offences committed beyond, but which by law may be tried within India:- Any person liable, by any Indian Law, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyound India in the same manner as if such act had been committed within India.

Chapter-II General Explanations

Sec.11. "Person":- The word "person" includes any Company or Association, or body of persons, whether incorporated or not.

Sec. 12. "Public":- The word "public" includes any class of the public of any community.

Sec.14. Servant of Government:- The words "Servant of Government" denote any officer or servant continued, appointed or employed in India by or under the authority of Government.

Sec. 17. Government:- The word "Government" denotes the Central Jammu and Kashmir.

Sec. 19. "Judge":- The word "Judge" denotes not only every person who is officially designated as a judge, but also every person,-

Who is empowered by law to give, in any legal proceeding, civil or criminal a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons, is empowered to give such a judgment .

Sec.20."Court of Justice":- The words 'Court of Justice" denote a Judge who is empowered by law to act, judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body or Judges is acting judicially.

Sec. 21. "Public Servant":- The words "public Servant " denote a person falling under any or the descriptions hereinafter following, namely:-

Third:- Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions.

Fourth:- Every officer of a Court of Justice (including a liquidator, receiver or commissioner) whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorised by a Court of Justice to perform any of such duties.

Fifth:- Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant.

Sec. 22. "Movable property":- The words "movable property" are intended to include corporeal property of every description, except land and things attached to the earth, or permanently fastened to anything which is attached to the earth.

Sec.23. "Wrongful gain":- "Wrongful gain" is gain by unlawful means of property to which the person gaining is not legally entitled.

"Wrongful loss"- "Wrongful loss" :- is the loss by unlawful means of property to which the person losing it is legally entitled.

Gaining wrongfully : Losing wrongfully:- a person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as such person is wrongfully deprived of property.

Sec. 24. "Dishonestly":- Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing dishonestly".

Sec. 25. "Fraudulently":- A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

Sec. 26. "Reason to believe- A person is said to have "reason to believe" a thing if he has sufficient cause to believe that thing but not otherwise.

Sec. 27. Property in Possession of wife, clerk or servant:- When property is in the possession of a person's wife, clerk or servant, on account of that person, it is in the person's possession within the meaning of this Code.

Explanation:- a person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant, within the meaning of this section.

Sec.28. "Counterfeit":- a person is said to "Counterfeit" who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.

Explanation-1:- It is not essential to counterfeiting that the imitation should be exact.

Explanation-2:- When a person causes one thing to resemble another thing and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised.

Sec. 29. "Document":- The word "Document" denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.

Explanation-1:- It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice,

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Sec..32. Words referring to acts include illegal omissions:- In every part of this Code, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions.

Sec. 33. "Act", "Omission":- The word "act" denotes as well as a series of acts as single act: the word "omission" denotes as well a series of omissions as a single omission.

Sec. 34. Acts done by several persons in furtherance of common intention:- When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it is done by him alone.

Sec. 35. When such an act is criminal by reason of its being done with a criminal knowledge or intention:- Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention.

Sec. 36. Effect caused partly by act and partly by omission:- Whenever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence.

Sec. 37. Co-operation by doing one of several acts constituting an offence:- When an offence is committed by means of several acts, whoever, intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.

Sec. 38. Persons concerned in Criminal act may be guilty of different offences:- Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that Act.

Sec. 39. "Voluntarily":- A person is said a cause an effect "voluntarily" when he causes it by means whereby he intended to cause it, or by means which, at the time or employing those means, he knew or had reason to believe to be likely to cause it.

Sec. 40. "Offence":- Except in the chapters and sections mentioned in clauses 2 and 3 of this section, the word "offence" denotes a thing made punishable by the Code.

In Chapter IV, Chapter V-A and in the following sections, namely, sections 64, 65, 66, 67, 71, 109, 110, 112, 114, 115, 116, 117, 187, 194, 203, 211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389 and 445, the word "offence" denotes a thing punishable under the Code or under any special or local law as hereinafter define .

And in sections 141, 176, 177,201, 212, 216 and 441, the word "offence" has the same meaning when the thing punishable under the special or local law is punishable under such law with imprisonment for a term of six months or upwards, whether with or without fine.

Sec. 43. "Illegal": "Legally bound to do":- The word "illegal" is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action: and person is said to be "legally bound to do" whatever it is illegal in him to omit.

Sec. 44. "Injury":- The word "injury" denotes any harm whatsoever illegally caused to any person, in body, mind, reputation or property.'

Sec. 51. "Oath":- The word "Oath" includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant or to be used for the purpose of proof, whether in a court of Justice or not.

Sec.52. "Good Faith":- Nothing is said to be done believed in "good faith" which is done or believed without due care and attention.
  
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Chapter-III Of Punishments

Sec. 53. "Punishments":- The punishments to which offenders are liable under the provisions of this Code are:

Firstly:- Death.

Secondly:- Imprisonment for life.

Fourthly:- Imprisonment, which is of two descriptions, namely:- (1) Rigorous, that is with hard labour; (2) Simple.

Fifthly:- Forfeiture of property.

Sixthly:- Fine.

Sec. 54. Commutation of sentence of death:- In every case in which sentence of death has been passed, the appropriate Government may, without the consent of the offender, commute the punishment for any other punishment provided by this Code.

Sec. 55. Commutation of sentence of imprisonment for life:- In every case in which sentence of imprisonment for shall have been passed, the appropriate Government may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years.

Sec. 55-A. Definition of "appropriate Government":- In sections 54 and 55 the expression "appropriate Government' means- (a) in cases where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and (b) in cases where the sentence (whether of death or not), is for an offence against any law relating to a matter to which the executive power of the State extends, the Government of the State within the offender is sentenced.

Sec. 63. Amount of fine:- Where no sum is expressed to which a fine may extend, the amount of fines to which the offender is liable is unlimited, but shall not be excessive.

Chapter-IV. General Exceptions:

Sec. 76. Ace done by a person bound, or by mistake of fact believing himself bound, by

law :- Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of mistake of law, in good faith believes himself to be, bound by law to do it.

Sec. 77. Act of judge when acting judicially:- Nothing is an offence which is done by a judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.

Sec. 78. Act done pursuant to the judgment or order of Court:- Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court of Justice, if done whilst such judgment or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or order provided the person doing the act in good faith believes that the court had such jurisdiction.

Chapter - V. Of Abetment.

Sec. 107. Abetment of a thing:- A person abets the doing of a thing who .

Firstly:- Instigates any person to do that thing: or

Secondly:- Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of the conspiracy and in order to the doing of that thing; or

Thirdly:- Intentionally aids, by any act or illegal omission, the doing of that thing.

Explanation-1:- A person who, by wilful misrepresentation or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing.

Sec. 108. Abettor:- A person abets an offence, who either abets the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence, with the same intention or knowledge as that of the abettor.

Sec. 116. Abetment of offence punishable with imprisonment - if offence be not committed:- Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence, or with such fine as is provided for that offence or with both;

If abettor or person abetted be a public servant whose duty it is to prevent offence:- and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.

Sec. 117. Abetting commission of offence by the public or by more than ten persons:- Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Sec. 118. Concealing design to commit offence punishable with death or imprsonment for life:- Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life. Voluntarily conceals, by any act of illegal omission, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design,

If offence be committed:- shall, if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years; or

If offence be not committed:- if the offence be not committed, with imprisonment of either description, for a term which may extend to three years, and in either case shall be liable to fine.

Sec. 119. Public servant concealing design to commit offence which it is his duty to prevent:- Whoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent. Voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design.

If offence be committed:- shall, if that offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as if provided for that offence, or with both;

If offence be punishable with death, etc:- or, if the offence be punishable with death or imprisonment for life, with imprisonment of either description for a term which may extend to ten years;

If offence be not committed:- or, if the offence be not committed shall be punished with imprisonment of any description provided for the offence, for a term which may extend to one-fourth part of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.

Sec. 120. Concealing design to commit offence punishable with imprisonment:- Whoever, intending to facilitate or knowing it to do likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omissions, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design,

If offence be committed:- shall, if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth, and.

If offence be not committed:- if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both.

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Chapter - V-A. Criminal Conspiracy.

Sec. 120-A. Definition of Criminal Conspiracy:- When two or more persons agree to do, or cause to be done,- (1) an illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:

Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.

Explanation:- It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.

Sec. 120-B. Punishment of criminal conspiracy:- (1) Whoever is a party to criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. (2) Whoever is a party to criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.

Chapter - IX, OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS:

Sec.166.

Sec.167. Public servant framing as incorrect document with intent to cause injury:- Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document, frames or translates, that document in a manner which he knows or believes to be incorrect, intending thereby, to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Chapter- XI " Of False Evidence and Offences against Public Justice."

Sec. 191. Giving false evidence.- Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false; and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.

Sec. 192. Fabricating false evidence.- Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any document containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point as the result of such proceeding is said "to fabricate false evidence."

Sec. 193. Punishment for false evidence.- Whoever intentionally gives false evidence in any stage of a judicial proceeding or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine:

and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Sec.195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.- Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by the law for the time being in force in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.                                                                                                      Top

Sec.196. Using evidence known to be false.- Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.

Sec.197. Issuing or signing certificate.- Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence. Knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.

Sec.199. False statement made in declaration which is by law receivable as evidence.- Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

Sec.200. Using as true such declaration knowing it to be false.- Whoever corruptly uses or attempts to use as true any such declaration knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

Explanation:- a declaration which is inadmissible merely upon the ground of some information, is a declaration within the meaning of sections 199 and 200.

Sec.202. Intentional omission to give information of offence by person bound to Inform.- Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six month or with fine or with both.

Sec.203. Giving false information respecting an offence committed.- Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Sec.205 False personating for purpose of act or proceeding in suit or prosecution.- Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgement, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment or either description for a term which may extend to three years, or with fine, or with both.

Sec.206 Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution.- Whoever fraudulently removes, conceals, transfers or delivers to any person property or any interest therein intending there by to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court of Justice or other competent authority, or from being taken in execution of a decree or order which has been made or which he knows to be likely to be decree or other competent authority, or from being taken in execution of a decree or order which has been made or which he knows to be likely to be made by a Court of Justice in a Civil suit, shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both.

Sec.209 Dishonestly making false claim in Court.- Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine.

Sec.211. False charge of offence made with intent to injure.- Whoever with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against the person shall be punished with imprisonment of either description for a term which may extend to two years. Or with fine, or with both: and if such criminal proceeding be instituted on a false charge or an offence punishable with death, imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Sec.219. Public servant in judicial proceeding corruptly making report etc. contrary to law.- Whoever, being a public servant, corruptly or maliciously makes or pronounces at any stage, of a judicial proceedings, and report, order, verdict or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

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