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CRIMINAL

MAJOR
ACTS
CONTAINING
THE INDIAN PENAL CODE, 1860
As amended by Information Technology (Amendment)
Act, 2008 [Act No. 10 of 2009, w.e.f 27-10-2009.]
THE INDIAN EVIDENCE ACT, 1872
As amended by Information Technology (Amendment)
Act, 2008 [Act No. 10 of 2009, w.e.f 27-10-2009. ]
CODE OF CRIMINAL PROCEDURE, 1973
[as amended by The Code of Criminal Procedure (Amendment)
Act, 2008 (5 of 2009, w.e.f 31-12-2009]
[alongwith Short Notes, State Amendments & Subject Index]
ASIA LAW HOUSE
11th Edition
By
PADALA RAMA REDDI
PADALA SRINIVASA REDDY
Opp. High Court, Hyd-2, Ph. 24526212, 24566212 Fax : 24564007
Opp. I.O.B., Bank Street, Hyderabad-95 Ph. 24742324, 24608000,
Fax. 24607999
E-mail : asialaw@sify.com www.asialawhouse.com
1
THE INDIAN PENAL CODE, 1860
[Act No. 45 of 1860]
[6th October, 1860]
CHAPTER I
Introduction
Preamble Whereas it is expedient to provide a general Penal Code
for India; it is enacted as follows:
1. Title and extent of operation of the Code: This Act shall
be called the Indian Penal Code, and shall extend to the whole of India
except the State of Jammu and Kashmir.
CASE LAW
Principles of common law cannot be resorted to invent exemptions which
are not expressly provided by I.P.C. AIR 1970 SC 1876 = 1970 Cr. LJ 1651
= 1970 (2) SC J 353. Sections 498A and 304B deal with district offices
AIR 2008 SC 2131. Factors to be considered in a right of private defence
discussed AIR 2008 SC 2006. CRPC and IPC are not applicable to extra
territorial offence committed by a non Indian citizen outside India 2008 (6)
SCC 789. Principles of res judicata or constructive res judicata not applicable
to criminal cases 2008 (6) 789. Jurisdictional issue can be permitted to be
raised at any stage of the proceedings 2008 (6) SCC 789
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.
CASE LAW
Section 2 must be understood as comprehending every person without
exception barring such specifically exempt from criminal proceedings or punishment
by virtue of the constitution, statutory provisions or some well recognised principles
of international law. AIR 1957 SC 857 = 1957 Cr.LJ 1346.
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 beyond
India in the same manner as if such act had been committed within India.
4. Extension of Code to extra-territorial offences: The provisions
of this Code apply also to any offence committed by,
IPC1
The Indian Penal Code, 1860 2
(1) any citizen of India in any place without and beyond India;
(2) any person on any ship or aircraft registered in India wherever
it may be.
1
[(3) any person in any place without and beyond India committing
offence targeting a computer resource located in India.]
2
[Explanation: In this Section
(a) the word "offence" includes every act committed outside India
which, if committted in India, would be punishable under this Code;
(b) the expression "computer resource" shall have the meaning assigned
to it in clause (k) of sub-section (1) of Section 2 of the
Information Technology Act, 2000 (21 of 2000)]
CASE LAW
IPC and extra territorial offences discussed AIR 2008 SC 2392
Illustration
A, who is a citizen of India, commits a murder in Uganda. He can be
tried and convicted of murder in any place in India in which he may be found.
5. Certain laws not to be affected by this Act: Nothing in this
Act shall affect the provisions of any Act for punishing mutiny and desertion
of officers, soldiers, sailors or airmen in the service of the Government
of India or the provisions of any special or local law.
CHAPTER II
General Explanations
6. Definitions in the Code to be understood subject to
exceptions: Throughout this Code every definition of an offence, every
penal provision and every illustration of every such definition or penal
provision, shall be understood subject to the exceptions contained in the
Chapter entitled General Exceptions, though those exceptions are not
repeated in such definition, penal provision or illustration.
Illustrations
(a) The Sections, in this Code, which contain definitions of offences,
do not express that a child under seven years of age cannot commit such
offences; but the definitions are to be understood subject to the general
exception which provides that nothing shall be an offence which is done
by a child under seven years of age.
(b) A, a police officer, without warrant, apprehends Z, who has
committed murder. Here A is not guilty of the offence of wrongful confinement;
[Sec. 6
1. Ins. by the Information Technology (Amendment) Act, 2008 (10 of 2009), S.51, w.e.f
27-10-2009.
2. Subs. by Ibid.
3
for he was bound by law to apprehend Z, and therefore the case falls
within the general exception which provides that nothing is an offence
which is done by a person who is bound by law to do it.
7. Sense of expression once explained: Every expression which
is explained in any part of this Code, is used in every part of this Code
in conformity with the explanation.
8. Gender: The pronoun he and its derivatives are used of any
person, whether male or female.
9. Number: Unless the contrary appears from the context, words
importing the singular number include the plural number, and words
importing the plural number include the singular number.
10. Man, Woman: The word man denotes a male human
being of any age: the word woman denotes a female human being
of any age.
11. Person: The word person includes any company or
Association or body of persons, whether incorporated or not.
12. Public: The word public includes any class of the public
or community.
13.
1
[Definition of Queen]
14. Servant of Government: The words Servant of
Government denotes any officer or servant continued, appointed or
employed in India by or under the authority of Government.
15.
2
[Definition of British India]
16.
3
[Definition of Government of India]
17. Government: The word Government denotes the Central
Government or the Government of a State.
18. India: India means the territory of India excluding the
State of Jammu and Kashmir.
19. Judge: The word Judge denotes not only every person
who is officially designated as a Judge, but also every person,
who is empowered by law to give, in any legal proceeding, civil
or criminal, a definitive judgment, or a judgment which, if not
1. Repealed by the Adaptation of Laws Order, 1950.
2. Repealed by the Government of India (Adaptation of Indian laws) Order, 1937.
3. Repealed by ibid.
General Explanations Sec. 19]
The Indian Penal Code, 1860 4
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 by law to give such a judgment.
Illustrations
(a) A Collector exercising jurisdiction in a suit under Act 10 of 1859
is a Judge.
(b) A Magistrate exercising jurisdiction in respect of a charge on which
he has power to sentence to fine or imprisonment, with or without appeal,
is a Judge.
(c) A member of a panchayat which has power, under Regulation
VII, 1816, of the Madras Code, to try and determine suits, is a Judge.
(d) A Magistrate exercising jurisdiction in respect of a charge on which
he has power only to commit for trial to another Court, is not a Judge.
20. Court of Justice: The words Court of 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 of Judges is acting judicially.
Illustration
A panchayat acting under Regulation VII, 1816, of Madras Code,
having power to try and determine suits, is a Court of Justice.
21. Public Servant: The words public servant denote a
person falling under any of the descriptions hereinafter following namely:
First: [Repealed by the Adaptation of Laws Order, 1950.]
Second: Every Commissioned Officer in the Military, Naval or Air
Forces of India;
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,
[Sec. 21
5
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;
Sixth: Every arbitrator or other person to whom any cause or
matter has been referred for decision or report by any Court of Justice,
or by any other competent public authority;
Seventh: Every person who holds any office by virtue of which
he is empowered to place or keep any person in confinement;
Eighth: Every Officer of the Government whose duty it is, as such
officer, to prevent offences, to give information of offences, to bring
offenders to justice, or to protect the public health, safety or convenience;
Ninth: Every officer whose duty it is, as such officer, to take,
receive, keep or expend any property on behalf of the Government, or
to make any survey, assessment or contract on behalf of the Government,
or to execute any revenue process, or to investigate, or to report, on
any matter affecting the pecuniary interests of the Government, or to make,
authenticate or keep any document relating to the pecuniary interests of
the Government, or to prevent the infraction of any law for the protection
of the pecuniary interests of the Government;
Tenth: Every officer whose duty it is, as such officer, to take,
receive, keep or expend any property, to make any survey or assessment
or to levy any rate or tax for any secular common purpose of any village,
town or district, or to make, authenticate or keep any document for the
ascertaining of the rights of the people of any village, town or district;
Eleventh: Every person who holds any office in virtue of which
he is empowered to prepare, publish, maintain or revise an electoral roll
or to conduct an election or part of an election;
Twelfth: Every person:
General Explanations Sec. 21]
The Indian Penal Code, 1860 6
(a) in the service or pay of the Government or remunerated by fees
or commission for the performance of any public duty by the
Government;
(b) in the service or pay of local authority, a corporation established
by or under a Central, Provincial or State Act or a Government
company as defined in Section 617 of the Companies Act, 1956
(1 of 1956).
Illustration
A Municipal Commissioner is a public servant.
Explanation 1: Persons falling under any of the above descriptions
are public servants, whether appointed by the Government or not.
Explanation 2: Wherever the words Public servant occur, they
shall be understood of every person who is in actual possession of the
situation of a public servant, whatever legal defect there may be in his
right to hold that situation.
Explanation 3: The word election denotes an election for the
purpose of selecting members of any legislative, municipal or other public
authority, of whatever character, the method of selection to which is by,
or under, any law prescribed as by election.
State Amendment
Rajasthan: In Section 21 after clause twelfth, the following new clause shall
be added, namely:
Thirteenth: Every person employed or engaged by any public body in the
conduct and supervision of any examination recognised or approved under any law.
Explanation: The expression Public Body includes
(a) a University, Board of Education or other body, either established by or
under a Central or State Act or under the provisions of the Constitution of India
or constituted by the Government ; and
(b) a local authority: Received the assent of the President on the 9-1-1993
and Act pub. in Raj. Gazette, dt 11-2-1993, vide Raj Act. 4 of 1993.
CASE LAW
Chief Minister falls within the ambit of public servant. AIR 1979 SC
898 = 1979 Cr LJ 773 = 1979 (3) SCC 431. Minister is a public servant.
AIR 1975 SC 1685 = 1975 Cr. LJ 1490. Member of Auxiliary Air Force
is a public servant. AIR 1980 SC 522 = 1980 Cr. LJ 393.
[Sec. 21
7
Person defined as officer under Sec. 2(20) of Maharashtra Co-operative
Societies Act, 1960 is not a public servant. AIR 2000 SC 937.
Definition of public servant will have to be construed having regard to
the provisions of Prevention of Corruption Act, 1988. By giving effect to
the definition of public servant in the said Act, the legal fiction is not being
extended beyond the purpose for which it was created or beyond the language
of the Section in which it was created it was created. 2007 (3) Supreme
766.
22. Moveable property: The words moveable property are
intended to include corporeal property of every description, except land
and things attached to the earth or permanently fastened to anything which
is attached to the earth.
23. Wrongful gain: Wrongful gain is gain by unlawful means
of property to which the person gaining is not legally entitled.
Wrongful loss: Wrongful loss is the loss by unlawful means
of property to which the person losing it is legally entitled.
Gaining wrongfully ; Losing wrongfully: A person is said to gain
wrongfully when such person retains wrongfully, as well as when such
person acquires wrongfully. A person is said to lose wrongfully when such
person is wrongfully kept out of any property, as well as when such person
is wrongfully deprived of property.
CASE LAW
Wrongful gain and wrongful loss Explained. AIR 1999 SC 1201.
24. Dishonestly: Whoever does anything with the intention of
causing wrongful gain to one person or wrongful loss to another person,
is said to do that thing dishonestly.
25. Fraudulently: A person is said to do a thing fraudulently
if he does that thing with intent to defraud but not otherwise.
26. Reason to believe: A person is said to have reason to
believe a thing, if he has sufficient cause to believe that thing but not
otherwise.
27. Property in possession of wife, clerk or servant:When
property is in the possession of a persons wife, clerk or servant, on
account of that person, it is in that persons 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.
General Explanations Sec. 27]
The Indian Penal Code, 1860 8
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.
CASE LAW
Ingredients of counterfeiting. AIR 2005 SC 128.
29. Document: The word document denotes any matter
expressed or described upon any substance by means of letters, figures
or marks, or by more than one of those means, intended to be used,
or which may be used, as evidence of that matter.
Explanation 1: It is immaterial by what means or upon what
substance the letters, figures or marks are formed, or whether the evidence
is intended for, or may be used in, a Court of Justice, or not.
Illustrations
A writing expressing the terms of a contract, which may be used
as evidence of the contract, is a document.
A cheque upon a banker is a document.
A power-of-attorney is a document.
A map or plan which is intended to be used or which may be used
as evidence is a document.
A writing containing directions or instructions is a document.
Explanation 2: Whatever is expressed by means of letters, figures
or marks as explained by mercantile or other usage, shall be deemed
to be expressed by such letters, figures or marks within the meaning of
this Section, although the same may not be actually expressed.
[Sec. 29
9
Illustration
A writes his name on the back of a bill of exchange payable to his
order. The meaning of the endorsement, as explained by mercantile usage,
is that the bill is to be paid to the holder. The endorsement is a document,
and must be construed in the same manner as if the words pay to the
holder or words to that effect had been written over the signature.
1
[29A. Electronic record: The words electronic record shall have
the meaning assigned to them in clause (t) of sub-section (1) of Section
2 of the Information Technology Act, 2000.]
30. Valuable security: The words Valuable security denote
a document which is, or purports to be, a document whereby any legal
right is created, extended, transferred, restricted, extinguished or released,
or whereby any person acknowledges that he lies under legal liability, or
has not a certain legal right.
Illustration
A writes his name on the back of a bill of exchange. As the effect
of this endorsement is to transfer the right to the bill to any person who
may become the lawful holder of it, the endorsement is a valuable security.
31. A will: The words a will denote any testamentary document.
32. Words referring to acts include illegal omissions: In every
part of this Code, except where a contrary intention appears from the
context, words which refer to acts done extend also to illegal omissions.
33. Act ; Omission: The word act denotes as well a series
of acts as a single act; the word omission denotes as well a series
of omissions as a single omission.
34. Acts done by several persons in furtherance of common
intention: When a criminal Act is done by several persons in furtherance
of the common intention of all, each of such persons is liable for that
act in the same manner as if it were done by him alone.
CASE LAW
Common intention under Section 34 I.P.C is not by itself an offence.
But it creates a Joint and Constructive liability for the crime committed in
furtherance of such common intention AIR 1988 SC 863=1988 (2) SCC 95.
1. Ins. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
General Explanations Sec. 34]
The Indian Penal Code, 1860 10
It is the essence of the Section that the person must be physically present
at the actual commission of the crime 1955 Cr. LJ 857.
It is now well settled that the common intention presupposes a prior
concert, a pre arranged plan AIR 1955 SC 331.
Where appellants were tried with A4 and convicted for Sections 302
read with 34, acquittal of A4, cannot make conviction of accused with aid
of Section 34, bad, 1997 (4) SCC 486.
Where the words and acts of the accused demonstrated that at the time
of commission of the offence he did not completely loose his sense of understanding,
plea of insanity was held to be unsustainable, 1997 (1) SCC 141.
The provision does not create any distinct offence. AIR 1999 SC 3229.
Determination of common intention. 1999 (8) SCC 369; 1999 (2) SCC 428;
1997 SCC (Cri.) 710; 1999 (8) SCC 555; 1998 SCC (Cri.) 698; 1999 (3)
SCC 102. Acts by several persons in furtherance of common intention. AIR
2000 SC 1436. Sec. 34 and principles of vicarious liability - Explained. AIR
2001 SC 1344.
Meaning of common intention Explained. AIR 2001 SC 2493; AIR
2001 SC 1344; AIR 2001 SC 1919. Mere participation may not be sufficient
to constitute common intention. 2002 (6) SCC 739. That act The act
Meaning thereof. AIR 2003 SC 2978.
No requirement that all accused must come together. 2003 (10) SCC
414. Common intention and Common object. 2003 (10) SCC 66; 2003 (2)
SCC 266; AIR 2003 SC 562; AIR 2003 SC 333.
Individual acts Sec. 34 not to be invoked. AIR 2006 SC 1736.
Common intention Similar intention. AIR 2004 SC 4570.
Proof of common intention. 2005 (10) SCC 567; 2005 (10) SCC 571;
2005 (10) SCC 143.
Joint liability. AIR 2005 SC 57; AIR 2005 SC 2989.
Distinct previous plan not necessary to attract Section 34 IPC. 2007
Cr.LJ 1663 (SC) = 2007(7) SCJ 115.
There is no uniform inflexible rule for applying the principle of common
intention. The inference to be drawn from the totality of facts and circumstances
of a given cases. 2007 Cr.LJ 1663 (SC).
Section 34 IPC and individual overt acts explained. 2007(2) SCC (Cri.)626.
Section 34 and 120B IPC in the context of Sections 302, 364, 392
dealt with. 2007(2) SCC (Cri.) 162.
Essential elements of section 34 IPC explained AIR 2009 SC 1036.
Sections 34 and 300 scope and ambit discussed AIR 2008 SC 682,
AIR 2008 SC 2961, AIR 2008 SC 3113, AIR 2008 SC 3276.
[Sec. 34
11
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 its being done with a criminal knowledge or
intention, is done by several persons, each of such persons who joins
in the act with such knowledge or intention is liable for the act in the
same manner as if the act were done by him alone with that knowledge
or intention.
36. Effect caused partly by act and partly by omission:Wherever
the causing of a certain effect, or an attempt to cause that effect, by
an act or by an omission, is an offence, it is to be understood that the
causing of that effect partly by an act and partly by an omission is the
same offence.
Illustration
A intentionally causes Zs death, partly by illegally omitting to give
Z food, and partly by beating Z. A has committed murder.
37. Co-operation by doing one of several acts constituting an
offence: When an offence is committed by means of several acts,
whoever intentionally co-operates in the commission of that offence by
doing any one of those acts, either singly or jointly with any other person,
commits that offence.
Illustrations
(a) A and B agree to murder Z by severally and at different times
giving him small doses of poison. A and B administer the poison according
to the agreement with intent to murder Z. Z dies from the effect of the
several doses of poison so administered to him. Here A and B intentionally
co-operate in the commission of murder and as each of them does an act
by which the death is caused, they are both guilty of the offence though
their acts are separate.
(b) A and B are joint jailors, and as such, have the charge of Z,
a prisoner, alternatively for six hours at a time. A and B, intending to cause
Zs death, knowingly co-operate in causing that effect by illegally omitting,
each during the time of his attendance, to furnish Z with food supplied
to them for that purpose. Z dies of hunger. Both A and B are guilty of
the murder of Z.
(c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause
Zs death, illegally omits to supply Z with food; in consequence of which
Z is much reduced in strength, but the starvation is not sufficient to cause
his death. A is dismissed from his office, and B succeeds him.
B, without collusion or co-operation with A, illegally omits to supply
Z with food, knowing that he is likely thereby to cause Zs death. Z dies
General Explanations Sec. 37]
The Indian Penal Code, 1860 12
of hunger. B is guilty of murder, but as A did not co-operate with B, A
is guilty only of an attempt to commit murder.
38. Persons concerned in criminal act may be guilty of different
offences: Where several persons are engaged or concerned in the
commission of a criminal act, they may be guilty of different offences by
means of that act.
Illustration
A attacks Z under such circumstances of grave provocation that his
killing of Z would be only culpable homicide not amounting to murder. B
having ill-will towards Z and intending to kill him, and not having been subject
to the provocation, assists A in killing Z. Here, though A and B are both
engaged in causing Zs death, B is guilty of murder, and A is guilty only
of culpable homicide.
39. Voluntarily: A person is said to cause an effect voluntarily
when he causes it by means whereby he intended to cause it, or by means
which, at the time of employing those means, he knew or had reason
to believe to be likely to cause it.
Illustration
A sets fire, by night, to an inhabited house in a large town, for the
purpose of facilitating a robbery and thus causes the death of a person.
Here, A may not have intended to cause death and may even be sorry
that death has been caused by his act; yet, if he knew that he was likely
to cause death, he has caused death voluntarily.
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 this 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,
1
[118,
119 and 120] 187, 194, 195, 203, 211, 213, 214, 221, 222, 223, 224,
225, 327, 328, 329, 330, 331, 347, 348, 388, 389, and 445, the word
offence denotes a thing punishable under this Code, or under any
special or local law as hereinafter defined.
And in Sections 141, 176, 177, 201, 202, 212, 216 and 441,
the word offence has the same meaning when the thing punishable
under the special or local law is punishable under such law with
[Sec. 40
1. Ins. by the Information Technology (Amendment) Act, 2008 (10 of 2009), S. 51 ,
w.e.f 27-10-2009.
13
imprisonment for a term of six months or upwards, whether with or without
fine.
41. Special law: A special law is a law applicable to a
particular subject.
42. Local Law: A Local Law is a law applicable only to
a particular part of India.
43. Illegal; legally bound to do: The word illegal is
applicable to everything which is an offence or which is prohibited by
law, or which furnishes ground for a civil action: and a person is said
to be legally bound to do whatever it is illegal in him to omit.
44. Injury: The word injury denotes any harm whatever
illegally caused to any person, in body, mind, reputation or property.
45. Life: The word life denotes the life of a human being,
unless the contrary appears from the context.
46. Death: The word death denotes the death of a human
being unless the contrary appears from the context.
47. Animal: The word animal denotes any living creature,
other than a human being.
48. Vessel: The word vessel denotes anything made for the
conveyance by water of human beings or of property.
49. Year, Month: Wherever the word year or the word
month is used, it is to be understood that the year or the month is
to be reckoned according to the British calendar.
50. Section: The word Section denotes one of those portions
of a Chapter of this Code which are distinguished by prefixed numeral
figures.
51. Oath: The word Oath includes a solemn affirmation
substituted by law for an oath, and any declaration required or authorised
by law to be made before a public servant or to be used for the purpose
of proof, whether in a Court of Justice or not.
52. Good faith: Nothing is said to be done or believed in good
faith which is done or believed without due care and attention.
General Explanations Sec. 52]
The Indian Penal Code, 1860 14
CASE LAW
Good faith due care and attention Explained. AIR 2001 SC 2374.
52-A. Harbour: Except in Section 157, and in Section 130 in
the case in which the harbour is given by the wife or husband of the
person harboured, the word harbour includes the supplying a person
with shelter, food, drink, money, clothes, arms, ammunition or means of
conveyance, or the assisting a person by any means, whether of the same
kind as those enumerated in this Section or not, to evade apprehension.
CHAPTER III
Of Punishments
53. Punishments: The punishments to which offenders are liable
under the provisions of this Code are,
First: Death;
Secondly: Imprisonment for life;
Thirdly: [Repealed by Act XVII of 1949];
Fourthly: Imprisonment, which is of two descriptions, namely:
(1) Rigorous, that is, with hard labour,
(2) Simple;
Fifthly: Forfeiture of property;
Sixthly: Fine.
CASE LAW
Sentence can be reduced where family conditions of accused are not
prosperous AIR 1982 SC 941 = 1982 Cr. LJ 849.
Meaning of life imprisonment. AIR 2005 SC 3440.
53A. Construction of reference to transportation: (1) Subject
to the provisions of sub-section (2) and sub-section (3) any reference
to transportation for life in any other law for the time being in force
or in any instrument or order having effect by virtue of any such law
or of any enactment repealed shall be construed as a reference to
Imprisonment for life.
[Sec. 53A
15
(2) In every case in which a sentence of transportation for a term
has been passed before the commencement of the Code of Criminal
Procedure (Amendment) Act, 1955 (26 of 1955), the offender shall be
dealt within the same manner as if sentenced to rigorous imprisonment
for the same term.
(3) Any reference to transportation for a term or to transportation
for any shorter term (by whatever name called) in any other law for the
time being in force shall be deemed to have been omitted.
(4) Any reference to transportation in any other law for the time
being in force shall:
(a) if the expression means transportation for life, be construed as
a reference to imprisonment for life;
(b) If the expression means transportation for any shorter term, be
deemed to have been omitted.
54. Commutation of sentence of death: In every case in which
sentence of death shall have been passed, the appropriate Government
may, without the consent of the offender, commute the punishment for
any other punishment provided by this Code.
55. Commutation of sentence of imprisonment for life: In every
case in which sentence of imprisonment for life 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.
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 which the offender is sentenced.
56.
1
[x x x]
1. Repealed by the Criminal Law (Removal of Racial Discriminations) Act, 1949 (17 of
1949) w.e.f. 6-4-1949.
Of Punishments Sec. 56]
The Indian Penal Code, 1860 16
57. Fractions of terms of punishment: In calculating fractions
of terms of punishment, imprisonment for life shall be reckoned as equivalent
to imprisonment for twenty years.
CASE LAW
Rarest of rare case - sentence AIR 2008 SC 3040.
58.
1
[x x x]
59.
1
[x x x]
60. Sentence may be (in certain cases of imprisonment) wholly
or partly rigorous or simple: In every case in which an offender is
punishable with imprisonment which may be of either description, it shall
be competent to the Court which sentences such offender to direct in
the sentence that such imprisonment shall be wholly rigorous, or that such
imprisonment shall be wholly simple, or that any part of such imprisonment
shall be rigorous and the rest simple.
61.
2
[x x x]
62.
2
[x x x]
63. Amount of fine: Where no sum is expressed to which a fine
may extend, the amount of fine to which the offender is liable is unlimited,
but shall not be excessive.
64. Sentence of imprisonment for non-payment of fine: In every
case of an offence punishable with imprisonment as well as fine, in which
the offender is sentenced to a fine, whether with or without imprisonment,
and in every case of an offence punishable with imprisonment or
fine, or with fine only, in which the offender is sentenced to a fine,
it shall be competent to the Court which sentences such offender
to direct by the sentence that, in default of payment of the fine, the offender
shall suffer imprisonment for a certain term, which imprisonment shall be
in excess of any other imprisonment to which he may have been sentenced
or to which he may be liable under a commutation of a sentence.
1. Repealed by the Code of Criminal Procedure (Amndt.) Act, 1955 (26 of 1955), w.e.f.
1-1-1956.
2. Repealed by the Indian Penal Code (Amendment Act) 1921 (16 of 1921) Sec. 4.
[Sec. 64
17
65. Limit to imprisonment for non-payment of fine, when
imprisonment and fine awardable: The term for which the Court
directs the offender to be imprisoned in default of payment of a fine shall
not exceed one-fourth of the term of imprisonment which is the maximum
fixed for the offence, if the offence be punishable with imprisonment as
well as fine.
66. Description of imprisonment for non-payment of fine: The
imprisonment which the Court imposes in default of payment of a fine
may be of any description to which the offender might have been sentenced
for the offence.
67. Imprisonment for non-payment of fine, when offence
punishable with fine only: If the offence be punishable with fine only,
the imprisonment which the Court imposes in default of payment of the
fine shall be simple, and the term for which the Court directs the offender
to be imprisoned, in default of payment of fine, shall not exceed the
following scale, that is to say, for any term not exceeding two months
when the amount of the fine shall not exceed fifty rupees, and for any
term not exceeding four months when the amount shall not exceed one
hundred rupees, and for any term not exceeding six months in any other
case.
68. Imprisonment to terminate on payment of fine: The
imprisonment which is imposed in default of payment of a fine shall
terminate whenever that fine is either paid or levied by process of law.
69. Termination of imprisonment on payment of proportional
part of fine: If, before the expiration of the term of imprisonment fixed
in default of payment, such a proportion of the fine be paid or levied
that the term of imprisonment suffered in default of payment is not less
than proportional to the part of the fine still unpaid, the imprisonment shall
terminate.
Illustration
A is sentenced to a fine of one hundred rupees and to four months
imprisonment in default of payment. Here, if seventy-five rupees of the
fine be paid or levied before the expiration of one month of the imprisonment,
A will be discharged as soon as the first month has expired. If seventy-
five rupees be paid or levied at the time of the expiration of the first month,
or at any later time while A continues in imprisonment, A will be immediately
Of Punishments Sec. 69]
IPC2
The Indian Penal Code, 1860 18
discharged. If fifty rupees of the fine be paid or levied before the expiration
of two months of the imprisonment, A will be discharged as soon as the
two months are completed. If fifty rupees be paid or levied at the time
of the expiration of those two months, or at any later time while A continues
in imprisonment, A will be immediately discharged.
70. Fine leviable within six years, or during imprisonment.
Death not to discharge property from liability: The fine, or any part
thereof which remains unpaid, may be levied at any time within six years
after the passing of the sentence, and if, under the sentence, the offender
be liable to imprisonment for a longer period than six years, then at any
time previous to the expiration of that period; and the death of the offender
does not discharge from the liability any property which would, after his
death, be legally liable for his debts.
CASE LAW
Section 70 says that the State shall levy fine within six years from the
date of the sentence. To levy is to realise or to collect. It is clear that what
is meant is that within six years the State must commence proceedings for
realisation, not complete it. AIR 1979 SC 1263 = 1979 (4) SCC 597.
71. Limit of punishment of offence made up of several offences:
Where anything which is an offence is made up of parts, any of which
parts is itself an offence, the offender shall not be punished with the
punishment of more than one of such of his offences, unless it be so
expressly provided.
where anything is an offence falling within two or more separate
definitions of any law in force for the time being by which offences are
defined or punished, or
where several acts, of which one or more than one would by itself
or themselves constitute an offence, constitute, when combined, a different
offence.
the offender shall not be punished with a more severe punishment
than the Court which tries him could award for any one of such offences.
Illustrations
(a) A gives Z fifty strokes with a stick. Here A may have committed
the offence of voluntarily causing hurt to Z by the whole beating and also
by each of the blows which make up the whole beating. If A were liable
[Sec. 71
19
to punishment for every blow, he might be imprisoned for fifty years, one
for each blow. But he is liable only to one punishment for the whole beating.
(b) But if, while A is beating Z, Y interferes, and A intentionally strikes
Y, here, as the blow given to Y is no part of the act whereby A voluntarily
causes hurt to Z, A is liable to one punishment for voluntarily causing hurt
to Z, and to another for the blow given to Y.
CASE LAW
Several offencesLimit of punishment Explained. AIR 2007 SC 51.
72. Punishment of person guilty of one of several offences, the
judgment stating that it is doubtful of which: In all cases in which
judgment is given that a person is guilty of one of several offences specified
in the judgment, but that it is doubtful of which of these offences he is
guilty, the offender shall be punished for the offence for which the lowest
punishment is provided if the same punishment is not provided for all.
73. Solitary confinement: Whenever any person is convicted of
an offence for which under this Code, the Court has power to sentence
him to rigorous imprisonment, the Court may, by its sentence, order that
the offender shall be kept in solitary confinement for any portion or portions
of the imprisonment to which he is sentenced, not exceeding three months
in the whole, according to the following scale, that is to say:
a time not exceeding one month if the term of imprisonment shall
not exceed six months;
a time not exceeding two months if the term of imprisonment shall
exceed six months and shall not exceed one year,
a time not exceeding three months if the term of imprisonment shall
exceed one year.
74. Limit of solitary confinement: In executing a sentence of
solitary confinement, such confinement shall in no case exceed fourteen
days at a time, with intervals between the periods of solitary confinement
of not less duration than such periods, and when the imprisonment awarded
shall exceed three months, the solitary confinement shall not exceed seven
days in any one month of the whole imprisonment awarded, with intervals
between the periods of solitary confinement of not less duration than such
periods.
75. Enhanced punishment for certain offences under Chapter
XII or Chapter XVII after previous conviction: Whoever, having
been convicted,
Of Punishments Sec. 75]
The Indian Penal Code, 1860 20
(a) by a Court of India, of an offence punishable under Chapter
XII or Chapter XVII of this Code with imprisonment of either
description for a term of three years or upwards,
(b)
1
[x x x]
shall be guilty of any offence punishable under either of those
Chapters with like imprisonment for the like term, shall be subject for
every such subsequent offence to imprisonment for life, or to imprisonment
of either description for a term which may extend to ten years.
CHAPTER IV
General Exceptions
76. Act done by a person bound, or by mistake of fact believing
himself bound, by law: Nothing is an offence which is done by a person
who is, or who by reason of a mistake of fact and not by reason of
a mistake of law in good faith believes himself to be, bound by law to
do it.
Illustrations
(a) A, a soldier, fires on a mob by the order of his superior officer,
in conformity with the commands of law. A has committed no offence.
(b) A, an officer of a Court of Justice, being ordered by that Court
to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has
committed no offence.
CASE LAW
Burden to prove General exceptions. AIR 2004 SC 1966.
77. Act of Judge when acting judicially: Nothing is an offence
which is done by a Judge when acting judicially in the exercise of any
power which is, or which in good faith he believes to be, given to him
by law.
78. Act done pursuant to the judgment or order of Court:
Nothing which is done in pursuance of, or which is warranted by
the judgment or order of, a Court of Justice, if done whilst such
judgment or order remains in force, is an offence, notwithstanding
1. Repealed by Act 3 of 1951, Sec. 3 and Sch. Cl. (b).
[Sec. 78
21
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.
79. Act done by a person justified, or by mistake of fact
believing himself justified, by law: Nothing is an offence which is
done by any person who is justified by law, or who by reason of mistake
of fact and not by reason of a mistake of law in good faith believes
himself to be justified by law, in doing it.
Illustration
A sees Z commit what appears to A to be a murder. A in the exercise,
to the best of his judgment, exerted in good faith, of the power which
the law gives to all persons of apprehending murderers in the act, seizes
Z, in order to bring Z before the proper authorities. A has committed no
offence, though it may turn out that Z was acting in self-defence.
80. Accident in doing a lawful act: Nothing is an offence which
is done by accident of misfortune, and without any criminal intention or
knowledge in the doing of a lawful act in a lawful manner by lawful means
and with proper care and caution.
Illustration
A is at work with a hatchet; the head flies off and kills a man who
is standing by. Here, if there was no want of proper caution on the part
of A, his act is excusable and not an offence.
CASE LAW
Accident and accidental. 2003 (7) SCC 441.
81. Act likely to cause harm, but done without criminal intent,
and to prevent other harm: Nothing is an offence merely by reason
of its being done with the knowledge that it is likely to cause harm, if
it be done without any criminal intention to cause harm, and in good faith
for the purpose of preventing or avoiding other harm to person or property.
Explanation: It is a question of fact in such a case whether the
harm to be prevented or avoided was of such a nature and so imminent
as to justify or excuse the risk of doing the act with the knowledge that
it was likely to cause harm.
General Exceptions Sec. 81]
The Indian Penal Code, 1860 22
Illustrations
(a) A, the captain of steam vessel, suddenly and without any fault or
negligence on his part, finds himself in such a position that, before he can
stop his vessel, he must inevitably run down a boat B, with twenty or thirty
passengers on board, unless he changes the course of his vessel, and that,
by changing his course, he must incur risk of running down a boat C with
only two passengers on board, which he may possibly clear. Here, if A alters
his course without any intention to run down the boat C and in good faith
for the purpose of avoiding the danger to the passengers in the boat B, he
is not guilty of an offence, though he may run down the boat C by doing
an act which he knew was likely to cause that effect, if it be found as
a matter of fact that the danger which he intended to avoid was such as
to excuse him in incurring the risk of running down the boat C.
(b) A, in a great fire, pulls down houses in order to prevent the
conflagration from spreading. He does this with the intention in good faith
of saving human life or property. Here, if it be found that the harm to
be prevented was of such a nature and so imminent as to excuse As act,
A is not guilty of the offence.
82. Act of a child under seven years of age: Nothing is an
offence which is done by a child under seven years of age.
83. Act of a child above seven and under twelve of immature
understanding: Nothing is an offence which is done by a child above
seven years of age and under twelve, who has not attained sufficient
maturity of understanding to judge of the nature and consequences of his
conduct on that occasion.
84. Act of a person of unsound mind: Nothing is an offence
which is done by a person who, at the time of doing it, by reason of
unsoundness of mind, is incapable of knowing the nature of the Act, or
that he is doing what is either wrong or contrary to law.
CASE LAW
For proof of insanity see AIR 1961 SC 998; AIR 1964 SC 1563; AIR
1966 SC 1; AIR 1977 SC 608; AIR 1971 SC 778 ; AIR 1974 SC 216.
Plea of unsoundness of mind - Burden of Proof discussed AIR 2009
SC 97.
85. Act of a person incapable of judgment by reason of
intoxication caused against his will: Nothing is an offence which
is done by a person who, at the time of doing it, is, by reason of
intoxication, incapable of knowing the nature of the act, or that he
[Sec. 85
23
is doing what is either wrong, or contrary to law: provided that the thing
which intoxicated him was administered to him without his knowledge or
against his will.
CASE LAW
Voluntary drunkenness cannot be a defence in commission of a crime.
1997 (1) ALD (Cri) 620 (AP).
Plea of drunkenness not a ground. AIR 2007 SC 697.
86. Offence requiring a particular intent or knowledge committed
by one who is intoxicated: In cases where an act done is not an offence
unless done with a particular knowledge or intent, a person who does
the act in a state of intoxication shall be liable to be dealt with as if
he had the same knowledge as he would have had if he had not been
intoxicated, unless the thing which intoxicated him was administered to
him without his knowledge or against his will.
CASE LAW
Initial burden on accused. 1997 (1) ALD (Cri.) 620 (AP).
Taking into consideration the state of intoxication on the date of incident,
appellant had no intention to commit murder but had knowledge of consequences
Conviction under Section 304, Part II, I.P.C. ; 1997 (1) ALD (Crl.) 620;
1997(2) ALT (Crl.) 723, 1997(1) ALT (Crl.) 483.
87. Act not intended and not known to be likely to cause death
or grievous hurt, done by consent: Nothing which is not intended
to cause death, or grievous hurt, and which is not known by the doer
to be likely to cause death or grievous hurt, is an offence by reason of
any harm which it may cause, or be intended by the doer to cause, to
any person, above eighteen years of age, who has given consent, whether
express or implied, to suffer that harm; or by reason of any harm which
it may be known by the doer to be likely to cause to any such person
who has consented to take the risk of that harm.
Illustration
A and Z agree to fence with each other for amusement. This
agreement implies the consent of each to suffer any harm which in the
course of such fencing, may be caused without foul play; and if A, while
playing fairly hurts Z, A commits no offence.
General Exceptions Sec. 87]
The Indian Penal Code, 1860 24
88. Act not intended to cause death, done by consent in good
faith for persons benefit: Nothing, which is not intended to cause
death, is an offence by reason of any harm which it may cause, or be
intended by the doer to cause, or be known by the doer to be likely
to cause, to any person for whose benefit it is done in good faith, and
who has given a consent, whether express or implied, to suffer that harm,
or to take the risk of that harm.
Illustration
A, a surgeon, knowing that a particular operation is likely to cause
the death of Z, who suffers under a painful complaint, but not intending
to cause Zs death and intending, in good faith, Zs benefit, performs that
operation on Z, with Zs consent. A has committed no offence.
89. Act done in good faith for benefit of child or insane person,
by or by consent of guardian: Nothing which is done in good faith
for the benefit of a person under twelve years of age, or of unsound
mind, by or by consent, either express or implied, of the guardian or
other person having lawful charge of that person, is an offence by reason
of any harm which it may cause, or be intended by the doer to cause
or be known by the doer to be likely to cause to that person: Provided,
Provisos:
First: That this exception shall not extend to the intentional causing
of death, or to the attempting to cause death;
Secondly: That this exception shall not extend to the doing of
anything which the person doing it knows to be likely to cause death,
for any purpose other than the preventing of death or grievous hurt, or
the curing of any grievous disease or infirmity;
Thirdly: That this exception shall not extend to the voluntary causing
of grievous hurt, or to the attempting to cause grievous hurt, unless it
be for the purpose of preventing death or grievous hurt, or the curing
of any grievous disease or infirmity;
Fourthly: That this exception shall not extend to the abetment of
any offence, to the committing of which offence it would not extend.
[Sec. 89
25
Illustration
A, in good faith, for his childs benefit without his childs consent has
his child, cut for the stone by a surgeon, knowing it to be likely that the
operation will cause the childs death, but not intending to cause the childs
death. A is within the exception, in as much as his object was the cure
of the child.
90. Consent known to be given under fear or misconception:
A consent is not such a consent as is intended by any Section of this
Code, if the consent is given by a person under fear of injury, or under
a misconception of fact, and if the person doing the act knows, or has
reason to believe, that the consent was given in consequence of such
fear or misconception; or
Consent of insane person: If the consent is given by a person
who, from unsoundness of mind, or intoxication, is unable to understand
the nature and consequence of that to which he gives his consent; or
Consent of child: Unless the contrary appears from the context,
if the consent is given by a person who is under twelve years of age.
CASE LAW
Consent and misconception of fact. AIR 2003 SC 1639.
Consent by misconception and fraud not a consent. 2007(1) SCC
(Cri.)557
91. Exclusion of acts which are offences independently of harm
caused: The exceptions in Sections 87, 88 and 89 do not extend to
acts which are offences independently of any harm which they may cause,
or be intended to cause, or be known to be likely to cause, to the person
giving the consent, or on whose behalf the consent is given.
Illustration
Causing miscarriage (unless caused in good faith for the purpose of
saving the life of the woman) is an offence independently of any harm
which it may cause or be intended to cause to the woman. Therefore,
it is not an offence by reason of such harm ; and the consent of the
woman or of her guardian to the causing of such miscarriage does not
justify the act.
92. Act done in good faith for benefit of a person without
consent: Nothing is an offence by reason of any harm which it may
General Exceptions Sec. 92]
The Indian Penal Code, 1860 26
cause to a person for whose benefit it is done in good faith, even without
that persons consent, if the circumstances are such that it is impossible
for that person to signify consent, or if that person is incapable of giving
consent, and has no guardian or other person in lawful charge of him
from whom it is possible to obtain consent in time for the thing to be
done with benefit: Provided,-
Provisos:
First: That this exception shall not extend to the intentional causing
of death, or the attempting to cause death;
Secondly: That this exception shall not extend to the doing of
anything which the person doing it knows to be likely to cause death,
for any purpose other than the preventing of death or grievous hurt, or
the curing of any grievous disease or infirmity;
Thirdly: That this exception shall not extend to the voluntary causing
of hurt, or to the attempting to cause hurt, for any purpose other than
the preventing of death or hurt;
Fourthly: That this exception shall not extend to the abetment of
any offence, to the committing of which offence it would not extend.
Illustrations
(a) Z is thrown from his horse, and is insensible. A, a surgeon, finds
that Z requires to be trepanned. A not intending Zs death, but in good
faith, for Zs benefit, performs the trepan before Z recovers his power
of judging for himself. A has committed no offence.
(b) Z is carried off by a tiger A fires at the tiger knowing it to be
likely that the shot may kill Z, but not intending to kill Z, and in good faith
intending Zs benefit. As ball gives Z a mortal wound. A has committed
no offence.
(c) A, a surgeon, sees a child suffer an accident which is likely to
prove fatal unless an operation be immediately performed. There is no time
to apply to the childs guardian. A performs the operation inspite of the
entreaties of the child, intending, in good faith, the childs benefit. A has
committed no offence.
(d) A is in the house which is on fire, with Z, a child. People below
hold out a blanket. A drops the child from the housetop, knowing it to
be likely that the fall may kill the child, but not intending to kill the child,
[Sec. 92
27
and intending, in good faith, the childs benefit. Here, even if the child is
killed by the fall, A has committed no offence.
Explanation: Mere pecuniary benefit is not benefit within the
meaning of Sections 88, 89 and 92.
93. Communication made in good faith: No communication made
in good faith is an offence by reason of any harm to the person to whom
it is made, if it is made for the benefit of that person.
Illustration
A, a surgeon, in good faith, communicates to a patient his opinion
that he cannot live. The patient dies in consequence of the shock. A has
committed no offence, though he knew it to be likely that the communication
might cause the patients death.
94. Act to which a person is compelled by threats: Except
murder, and offences against the State punishable with death, nothing is
an offence which is done by a person who is compelled to do it by
threats, which, at the time of doing it, reasonably cause the apprehension
that instant death to that person will otherwise be the consequence:
Provided the person doing that act did not of his own accord, or
from a reasonable apprehension of harm to himself short of instant death,
place himself in the situation by which he became subject to such constraint.
Explanation 1: A person who, of his own accord, or by reason
of a threat of being beaten, joins a gang of dacoits, knowing their character,
is not entitled to the benefit of this exception, on the ground of his having
been compelled by his associates to do anything that is an offence by
law.
Explanation 2: A person seized by a gang of dacoits, and forced,
by threat of instant death, to do a thing which is an offence by law; for
example, a smith compelled to take his tools and to force the door of
a house for the dacoits to enter and plunder it, is entitled to the benefit
of this exception.
95. Act causing slight harm: Nothing is an offence by reason
that it causes, or that it is intended to cause, or that it is known to be
likely to cause, any harm, if that harm is so slight that no person of ordinary
sense any temper would complain of such harm.
General Exceptions Sec. 95]
The Indian Penal Code, 1860 28
Of the right of private defence
96. Things done in private defence: Nothing is an offence which
is done in the exercise of the right of private defence.
CASE LAW
Plea of private defence cannot be permitted where there is mutual conflict.
AIR 1957 SC 469 = 1959 Cr. LJ 586. In the case of free right no right of
private defence. AIR 1978 SC 414 = 1978 Cr. LJ 484. Right of private defence
one of defence and not of reprisal, 1997 (4) SCC 496. Right of private defence
Question of fact. AIR 2005 SC 1186; AIR 2005 SC 1983. Plea of right of
private defence. AIR 2005 SC 1460; 2005 (10) SCC 255.
Under Section 105 of the Evidence Act the burden of proof is on accused
to prove plea of self defence. AIR 2007 SC 363. Right of private defence preventive
right and not punitive one. AIR 2007 SC 107 = 2007(2) SCC (Cri.) 359. Private
defence Preponderance of probability sufficientProof beyond reasonable doubt
not necessary. AIR 2007 SC 363. Exercise of night of private defence - Factors
to be considered - discussed AIR 2008 SC 2006, AIR 2008 SC 2878, AIR 2008
SC 3083, AIR 2008 SC 3284, AIR 2008 SC 3198, AIR 2008 SC 133. Private
defence, a right of defence not of retribution AIR 2009 SC 552. Necessity to
be real and apparent AIR 2009 SC 768. Unlawful Assembly- Right of private defence
AIR 2009 SC 768. Exceeding private defence discussed AIR 2009 SC 552
97. Right of private defence of the body and of property: Every
person has a right, subject to the restrictions contained in Section 99, to defend,
First: His own body, and the body of any other person, against any
offence affecting the human body;
Secondly: The property, whether movable or immovable, of himself or
of any other person, against any act which is an offence falling under the
definition of theft, robbery, mischief or criminal trespass, or which is an
attempt to commit theft, robbery, mischief or criminal trespass.
CASE LAW
Right of private defence Explained, 1997(2) ALT (Crl.) 357. Scope
of right of private defence. 1999 (4) Crimes 113 (SC). Exceeding right of
private defence and aggressor. AIR 2000 SC 1271. Private defence - Relevant
factors. AIR 2003 SC 976. Injuries on accused. 2003 (2) SCC 708; 2003
Cr LJ 1226; AIR 2003 SC 209; 2003 Cr LJ 480. Number of injuries -
Determining aggressor AIR 2009 SC 18.
98. Right of private defence against the act of a person of
unsound mind, etc.: When an act, which would otherwise be a
certain offence, is not that offence, by reason of the youth, the want
of maturity of understanding, the unsoundness of mind or the
intoxication of the person doing that act, or by reason of any
misconception on the part of that person, every person has the same
[Sec. 98
29
right of private defence against that act which he would have if the act
were that offence.
Illustrations
(a) Z, under the influence of madness, attempts to kill A; Z is guilty
of no offence. But A has the same right of private defence which he would
have if Z were sane.
(b) A enters by night a house which he is legally entitled to enter.
Z in good faith, taking A for a house-breaker, attacks A. Here Z, by attacking
A under this misconception, commits no offence. But A has the same right
of private defence against Z, which he would have if Z were not acting
under that misconception.
99. Acts against which there is no right of private defence:
There is no right of private defence against an act which does not
reasonably cause the apprehension of death or of grievous hurt, if done,
or attempted to be done, by a public servant acting in good faith under
colour of his office, though that act may not be strictly justifiable by law.
There is no right of private defence in cases in which there is time
to have recourse to the protection of the public authorities.
Extent to which the right may be exercised: The right of private
defence in no case extends to the inflicting of more harm than it is necessary
to inflict for the purpose of defence.
Explanation 1: A person is not deprived of the right of private
defence against an act done, or attempted to be done, by a public servant,
as such, unless he knows or has reason to believe, that the person doing
the act is such public servant.
Explanation 2: A person is not deprived of the right of private
defence against an act done, or attempted to be done, by the direction
of a public servant, unless he knows, or has reason to believe, that the
person doing the act is acting by such direction, or unless such person
states that authority under which he acts, or if he has authority in writing,
unless he produces such authority, if demanded.
CASE LAW
Right of private defence and extent of force. AIR 2002 SC 2980.
General Exceptions Sec. 99]
The Indian Penal Code, 1860 30
100. When the right of private defence of the body extends
to causing death: The right of private defence of body extends, under
the restrictions mentioned in the last preceding Section, to the voluntary
causing of death or of any other harm to the assailant, if the offence which
occasions the exercise of the right be of any of the descriptions hereinafter
enumerated, namely,
First: Such an assault as may reasonably cause the apprehension
that death will otherwise be the consequence of such assault;
Secondly: Such an assault as may reasonably cause the apprehension
that grevious hurt will otherwise be the consequence of such assault;
Thirdly: An assault with the intention of committing rape;
Fourthly: An assault with the intention of gratifying unnatural lust;
Fifthly: An assault with the intention of kidnapping or abducting;
Sixthly: An assault with the intention or wrongfully confining a
person, under circumstances which may reasonably cause him to apprehend
that he will be unable to have recourse to the public authorities for his
release.
CASE LAW
Plea of self defence. See AIR 1996 SC 215. Right of self defence. AIR
1999 SC 1942.
Relevant factors to be considered for right of private defence. AIR 2006
SC 1727. See AIR 2006 SC 1736.
101. When such right extends to causing any harm other than
death: If the offence be not of any of the descriptions enumerated in
the last preceding Section, the right of private defence of the body does
not extend to the voluntary causing of death to the assailant, but does
extend, under the restrictions mentioned in Section 99, to the voluntary
causing to the assailant of any harm other than death.
102. Commencement and continuance of the right of private
defence of the body: The right of private defence of the body
commences as soon as a reasonable apprehension of danger to the
body arises from an attempt or threat to commit the offence though
[Sec. 102
31
the offence may not have been committed; and it continues as long as
apprehension of danger to the body continues.
103. When the right of private defence of property extends
to causing death: The right of private defence of property extends under
the restrictions mentioned in Section 99, to the voluntary causing of death
or of any other harm to the wrong-doer, if the offence, the committing
of which, or the attempting to commit, which occasions the exercise of
the right, be an offence of any of the descriptions hereinafter enumerated,
namely,
First: Robbery;
Secondly: House-breaking by night;
Thirdly: Mischief by fire committed on any building, tent or vessel,
which building, tent or vessel is used as a human dwelling, or as a place
for the custody of property;
Fourthly: Theft, mischief or house-trespass, under such circumstances
as may reasonably cause apprehension that death or grievous hurt will
be the consequence, if such right of private defence is not exercised.
State Amendments
Karnataka: [Amended by Karnataka Act 8 of 1972]
In its application to the State of Karnataka in Section 103 (1) in Clause Thirdly,
(i) after the words mischief by fire, insert the words or any explosive
substance
(ii) after the words as a human dwelling or, insert the words as a place
of worship or.
(2) after Clause Fourthly, insert the following Clause namely,
Fifthly: Mischief by fire or any explosive substance committed on any
property used or intended to be used for the purposes of any Government or any
local authority, statutory body or company owned or controlled by Government or
railway or tramway, or on any vehicle used or adapted to be used, for the carriage
of passengers for hire or reward.
Maharashtra: In its application the following shall be added at the end,
namely:
Fifthly: Mischief by fire or any explosive substance committed on any
property used or intended to be used for the purposes of any Government or any
General Exceptions Sec. 103]
The Indian Penal Code, 1860 32
local authority, statutory body, company owned or controlled by Government,
railway or tramway, or on any vehicle used or adapted to be used, or the carriage
of passengers for hire or reward. Maharashtra Act 19 of 1971 w.e.f. 31-12-1971.
Uttar Pradesh: Application to the State of U.P, after Clause fourthly, the
following Clause shall be added, namely:
Fifthly: Mischief by fire or any explosive substance committed on:
(a) any property used or intended to be used for the purpose of Government
or any local authority or other corporation owned or controlled by Government;
or
(b) any railway as defined in Clause (4) of Section 3 of the Indian Railways
Act, 1890 or railways stores as defined in the Railways Stores (Unlawful Possession)
Act, 1955; or
(c) any transport vehicle as defined in Clause (33) of Section 2 of the Motor
Vehicles Act, 1939". vide U.P. Act 29 of 1970 w.e.f. 17-7-1970.
104. When such right extends to causing any harm other than
death: If the offence, the committing of which, or the attempting to
commit which, occasions the exercise of the right of private defence, be
theft, mischief, or criminal trespass, not of any of the descriptions enumerated
in the last preceding Section, that right does not extend to the voluntary
causing of death, but does extend, subject to the restrictions mentioned
in Section 99, to the voluntary causing to the wrong-doer of any harm
other than death.
105. Commencement and continuance of the right of private
defence of property: The right of private defence of property commences
when a reasonable apprehension of danger to the property commences.
The right of private defence of property against theft continues till
the offender has effected his retreat with the property or either the
assistance of the public authorities is obtained, or the property has been
recovered.
The right of private defence of property against robbery continues
as long as the offender causes or attempts to cause to any person death
or hurt or wrongful restraint or as long as the fear of instant death or
of instant hurt or of instant personal restraint continues.
The right of private defence of property against criminal trespass or
mischief continues as long as the offender continues in the commission
of criminal trespass or mischief.
[Sec. 105
33
The right of private defence of property against house-breaking by
night continues as long as the house trespass which has been begun by
such house -breaking continues.
106. Right of private defence against a deadly assault when
there is risk of harm to innocent person: If, in the exercise of the
right of private defence against an assault which reasonably causes the
apprehension of death, the defender be so situated that he cannot effectually
exercise that right without risk of harm to an innocent person, his right
of private defence extends to the running of that risk.
Illustrations
A is attacked by a mob who attempt to murder him. He cannot
effectually exercise his right of private defence without firing on the mob,
and he cannot fire without risk of harming young children who are mingled
with the mob. A commits no offence if by so firing he harms any of the
children.
CASE LAW
Deadly assaultRight of private defenceExplained. 2007(3) ALT (Cri.)349 (SC).
CHAPTER V
Of Abetment
107. Abetment of a thing: A person abets the doing of a thing,
who:
First: Instigates any person to do that thing; or
Secondly: Engages with one or more other person or persons in
any conspiracy for the doing of that thing, if an act or illegal omission
takes place in pursuance of that conspiracy, and in order to the doing
of that thing; or
Thirdly: Intentionally aids, by any act or illegal omission, the doing
of that thing.
Explanation 1: A person who, by wilful misrepresentation, or by
wilful concealment of a material fact which he is bound to disclose
voluntarily causes or procures, or attempts to cause or procure, a thing
to be done, is said to instigate the doing of that thing.
Illustration
A, a Public Officer, is authorised by a warrant from a Court of Justice
to apprehend Z. B, knowing that fact and also that C is not Z, wilfully
Of Abetment Sec. 107]
IPC3
The Indian Penal Code, 1860 34
represents to A, that C is Z, and thereby intentionally causes A to apprehend
C. Here B abets by instigation the apprehension of C.
Explanation 2: Whoever, either prior to or at the time of the
commission of an act, does anything in order to facilitate the commission
of that act, and thereby facilitates the commission thereof, is said to aid
the doing of that act.
CASE LAW
The question of abettors guilt depends upon the nature of the act abetted
and the manner in which the abetment was made. AIR 1967 SC 553 = 1967
Cr LJ 541.
In order to constitute abetment abettor must be shown to have intentionally
aided the commission of the offence. AIR 1975 SC 175 = 1975 (3) SCC
495.
Meaning of instigate explained. AIR 2002 SC 1998.
108. Abettor: A person abets an offence, who abets either the
commission of an offence, or the commission of an act which would be
an offence, if committed by a person capable by law of committing an
offence with the same intention or knowledge as that of the abettor.
Explanation 1: The abetment of the illegal omission of an act
may amount to an offence although the abettor may not himself be bound
to do that act.
Explanation 2: To constitute the offence of abetment it is not
necessary that the act abetted should be committed, or that the effect
requisite to constitute the offence should be caused.
Illustrations
(a) A instigates B to murder C. B refuses to do so. A is guilty of
abetting B to commit murder.
(b) A instigates B to murder D. B in pursuance of the instigation
stabs D. D recovers from the wound. A is guilty of instigating B to commit
murder.
Explanation 3: It is not necessary that the person abetted should
be capable by law of committing an offence, or that he should have the
same guilty intention or knowledge as that of the abettor, or any guilty
intention or knowledge.
[Sec. 108
35
Illustrations
(a) A, with guilty intention, abets a child or lunatic to commit an act
which would be an offence, if committed by a person capable by law of
committing an offence, and having the same intention as A. Here A, whether
the act be committed or not, is guilty of abetting an offence.
(b) A, with the intention of murdering Z, instigates B, a child under
seven years of age, to do an act which causes Zs death, B, in consequence
of the abetment, does the act in the absence of A and thereby causes
Zs death. Here though B was not capable by law of committing an offence,
A is liable to be punished in the same manner as if B had been capable
by law of committing an offence, and had committed murder, and he is
therefore subject to the punishment of death.
(c) A instigates B to set fire to a dwelling-house. B, in consequence
of the unsoundness of his mind, being incapable of knowing the nature of
the act, or that he is doing what is wrong or contrary to law, sets fire
to the house in consequence of As instigation. B has committed no offence,
but A is guilty of abetting the offence of setting fire to a dwelling-house,
and is liable to the punishment provided for that offence.
(d) A, intending to cause a theft to be committed, instigates B to take
property belonging to Z out of Zs possession. A induces B to believe that
the property belongs to A.B takes the property out of Zs possession, in
good faith, believing it to be As property. B, acting under this misconception,
does not take dishonestly, and therefore does not commit theft. But A is
guilty of abetting theft, and is liable to the same punishment as if B had
committed theft.
Explanation 4: The abetment of an offence being an offence, the
abetment of such an abetment is also an offence.
Illustration
A instigates B to instigate C to murder Z. B accordingly instigates
C to murder Z and C commits that offence in consequence of Bs instigation.
B is liable to be punished for his offence with the punishment for murder;
and as A instigated B to commit the offence, A is also liable to the same
punishment.
Explanation 5: It is not necessary to the commission of the offence
of abetment by conspiracy that the abettor should concert the offence
with the person who commits it. It is sufficient if he engages in the
conspiracy in pursuance of which the offence is committed.
Of Abetment Sec. 108]
The Indian Penal Code, 1860 36
Illustration
A concerts with B a plan for poisoning Z. It is agreed that A shall
administer the poison. B then explains the plan to C mentioning that a third
person is to administer the poison, but without mentioning As name. C agrees
to procure the poison, and procures and delivers it to B for the purpose
of its being used in the manner explained. A administers the poison; Z dies
in consequence. Here, though A and C have not conspired together, yet
C has been engaged in the conspiracy in pursuance of which Z has been
murdered. C has therefore committed the offence defined in this Section
and is liable to the punishment for murder.
108-A. Abetment in India of offences outside India: A person
abets an offence within the meaning of this Code who, in India, abets
the commission of any act without and beyond India which would constitute
an offence if committed in India.
Illustration
A, in India instigates B, a foreigner in Goa, to commit a murder in
Goa, A is guilty of abetting murder.
109. Punishment of abetment if the act abetted is committed
in consequence and where no express provision is made for its
punishment: Whoever abets any offence shall, if the act abetted is
committed in consequence of the abetment, and no express provision is
made by this Code for the punishment of such abetment, be punished
with the punishment provided for the offence.
Explanation: An act or offence is said to be committed in
consequence of abetment, when it is committed in consequence of the
instigation, or in pursuance of the conspiracy, or with the aid which
constitutes the abetment.
Illustrations
(a) A offers a bribe to B, a public servant, as a reward for showing
A some favour in the exercise of Bs official functions. B accepts the
bribe. A has abetted the offence defined in Section 161.
(b) A instigates B to give false evidence. B, in consequence of the
instigation, commits that offence. A is guilty of abetting that offence and
is liable to the same punishment as B.
(c) A and B conspire to poison Z. A, in pursuance of the conspiracy
procures the poison and delivers it to B in order that he may administer
[Sec. 109
37
it to Z. B, in pursuance of the conspiracy, administers the poison to Z
in As absence and thereby causes Zs death. Here B is guilty of murder.
A is guilty of abetting that offence by conspiracy and is liable to the
punishment for murder.
110. Punishment of abetment if person abetted does act with
different intention from that of abettor: Whoever abets the commission
of an offence shall, if the person abetted does the act with a different
intention or knowledge from that of the abettor, be punished with the
punishment provided for the offence which would have been committed
if the act had been done with the intention or knowledge of the abettor
and with no other.
111. Liability of abettor when one act abetted and different
act done: When an act is abetted and a different act is done, the abettor
is liable for the act done, in the same manner and to the same extent
as if he had directly abetted it:
Proviso: Provided the act done was a probable consequence of
the abetment, and was committed under the influence of the instigation,
or with the aid or in pursuance of the conspiracy which constituted the
abetment.
Illustrations
(a) A instigates a child to put poison into the food of Z, and gives
him poison for that purpose. The child, in consequence of the instigation,
by mistake puts the poison into the food of Y, which is by the side of
that of Z. Here if the child was acting under the influence of As instigation,
and the act done was under the circumstances a probable consequence
of the abetment, A is liable in the same manner and to the same extent
as if he had instigated the child to put the poison into the food of Y.
(b) A instigates B to burn Zs house. B sets fire to the house and
at the same time commits theft of property there. A, though guilty of abetting
the burning of the house, is not guilty of abetting the theft; for the theft
was a distinct act, and not a probable consequence of the burning.
(c) A instigates B and C to break into an inhabited house at midnight
for the purpose of robbery, and provides them with arms for that purpose.
B and C break into the house, and being resisted by Z, one of the inmates,
murders Z. Here, if that murder was the probable consequence of the
abetment, A is liable to the punishment provided for murder.
112. Abettor when liable to cumulative punishment for act
abetted and for act done: If the act for which the abettor is liable
Of Abetment Sec. 112]
The Indian Penal Code, 1860 38
under the last preceding Section is committed in addition to the act abetted,
and constitutes a distinct offence, the abettor is liable to punishment for
each of the offences.
Illustration
A instigates B to resist by force a distress made by a public servant.
B, in consequence resists that distress. In offering the resistance, B
voluntarily causes grievous hurt to the officer executing the distress. As
B has committed both the offence of resisting the distress, and the offence
of voluntarily causing grievous hurt, B is liable to punishment for both these
offences; and. if A knew that B was likely voluntarily to cause grievous
hurt in resisting the distress. A will also be liable to punishment for each
of the offences.
113. Liability of abettor for an effect caused by the act abetted
different from that intended by the abettor: When an act is abetted
with the intention on the part of the abettor of causing a particular effect,
and an act for which the abettor is liable in consequence of the abetment,
causes a different effect from that intended by the abettor, the abettor
is liable for the effect caused, in the same manner and to the same extent
as if he had abetted the act with the intention of causing that effect,
provided he knew that the act abetted was likely to cause that effect.
Illustration
A instigates B to cause grevious hurt to Z. B, in consequence of
the instigation, causes grievous hurt to Z, Z dies in consequence. Here,
if A knew that the grievous hurt abetted was likely to cause death, A is
liable to be punished with the punishment provided for murder.
114. Abettor present when offence is committed: Whenever any
person, who if absent would be liable to be punished as an abettor is
present when the act or offence for which he would be punishable in
consequence of the abetment is committed, he shall be deemed to have
committed such act or offence.
115. Abetment of offence punishable with death or
imprisonment for life, if offence not committed: Whoever abets
the commission of an offence punishable with death or imprisonment
for life, shall, if that offence be not committed in consequence of
the abetment, and no express provision is made by this Code for
[Sec. 115
39
the punishment of such abetment, be punished with imprisonment of either
description for a term which may extend to seven years and shall also
be liable to fine;
if act causing harm be done in consequence: And if any act
for which the abettor is liable in consequence of the abetment, and which
causes hurt to any person, is done, the abettor shall be liable to imprisonment
of either description for a term which may extend to fourteen years, and
shall also be liable to fine.
Illustration
A instigates B to murder Z. The offence is not committed. If B had
murdered Z, he would have been subject to the punishment of death or
imprisonment for life. Therefore A is liable to imprisonment for a term which
may extend to seven years and also to a fine ; and if any hurt be done
to Z in consequence of the abetment, he will be liable to imprisonment
for a term which may extend to fourteen years, and to fine.
116. Abetment of offence punishable with imprisonment - if
offence be not committed: Whoever abets an offence punishable with
imprisonment shall, if that offence be not committed in consequence of
the abetment, and no express provision is made by this Code for the
punishment of such abetment, be punished with imprisonment of any
description provided for that offence for a term which may extend to
one-fourth part of the longest term provided for that offence; or with such
fine as is provided for that offence, or with both;
if abetter or person abetted be a public servant whose duty
it is to prevent offence:- and if the abettor or the person abetted
is a public servant, whose duty it is to prevent the commission of such
offence, the abettor shall be punished with imprisonment of any description
provided for that offence, for a term which may extend to one-half of
the longest term provided for that offence, or with such fine as is provided
for the offence, or with both.
Illustrations
(a) A offers a bribe to B, a public servant, as a reward for showing
A some favour in the exercise of Bs official function, B refuses to accept
the bribe. A is punishable under this Section.
Of Abetment Sec. 116]
The Indian Penal Code, 1860 40
(b) A instigates B to give false evidence. Here, if B does not give
false evidence, A has nevertheless committed the offence defined in this
Section, and is punishable accordingly.
(c) A, a police-officer, whose duty it is to prevent robbery, abets the
commission of robbery. Here, though the robbery be not committed, A is
liable to one-half of the longest term of imprisonment provided for that
offence, and also to fine.
(d) B abets the commission of a robbery by A, a police-officer, whose
duty it is to prevent that offence. Here, though the robbery be not committed,
B is liable to one-half of the longest term of imprisonment provided for
the offence of robbery, and also to fine.
117. Abetting commission of offence by the public or by more
than ten persons: Whoever abets the commission of an offence by
the public generally or by any number or class of persons exceeding ten,
shall be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.
Illustration
A affixes in a public place a placard instigating a sect consisting of
more than ten members to meet at a certain time and place, for the purpose
of attacking the members of an adverse sect, while engaged in a procession.
A has committed the offence defined in this Section.
118. Concealing design to commit offence punishable with death
or imprisonment for life: Whoever, intending to facilitate or knowing
it to be likely that he will thereby facilitate the commission of an offence
punishable with death or imprisonment for life ;
1
[voluntarily conceals, by any act or omission or by the use of
encryption or any other information hiding tool, the existence of a design]
to commit such offence or makes any representation which he knows
to be false respecting such design,
if offence be committed; if offence be not committed: shall
if that offence be committed, be punished with imprisonment of either
description for a term which may extend to seven years, or, if the offence
be not committed, with imprisonment of either description for a term which
may extend to three years; and in either case shall also be liable to fine.
Illustration
A, knowing that dacoity is about to be committed at B, falsely informs
the Magistrate that a dacoity is about to be committed at C, a place in
[Sec. 118
1. Subs. for "voluntarily conceals, by any act or illegal omission, the existence of a design"
by the Information Technology (Amendment) Act, 2008 (10 of 2009), S. 51 , w.e.f
27-10-2009.
41
an opposite direction, and thereby misleads the Magistrate with intent to
facilitate the commission of the offence. The dacoity is committed at B
in pursuance of the design. A is punishable under this Section.
119. Public servant concealing design to commit offence which
it is his duty to prevent: Whoever, being a public servant intending
to facilitate or knowing it to be likely that he will thereby facilitate the
commission of an offence which it is his duty as such public servant to
prevent;
1
[voluntarily conceals, by any act or omission or by the use of
encryption or any other information hiding tool, the existence of a design]
to commit such offence, or makes any representation which he knows
to be false respecting such design ;
if offence be committed: shall, if the offence be committed, be
punished with imprisonment of any description provided for the offence,
for a term which may extend to one-half of the longest term of such
imprisonment, or with such fine as is provided for that offence, or with
both;
if offence be punishable with death, etc.: or, if the offence be
punishable with death or imprisonment for life, with imprisonment of either
description for a term which may extend to ten years;
if offence be not committed: or, if the offence be not committed,
shall be punished with imprisonment of any description provided for the
offence for a term which may extend to one-fourth part of the longest
term of such imprisonment or with such fine as is provided for the offence,
or with both.
Illustration
A, an officer of police, being legally bound to give information of all
designs to commit robbery which may come to his knowledge, and knowing
that B designs to commit robbery, omits to give such information, with intent
to facilitate the commission of that offence. Here A has by an illegal omission
concealed the existence of Bs design, and is liable to punishment according
to the provision of this Section.
120. Concealing design to commit offence punishable with
imprisonment: Whoever, intending to facilitate or knowing it to be likely
that he will thereby facilitate the commission of an offence punishable with
imprisonment ;
Of Abetment Sec. 120]
1. Subs. for "voluntarily conceals, by any act or illegal omission, the existence of a design"
by the Information Technology (Amendment) Act, 2008 (10 of 2009), S. 51, w.e.f
27-10-2009.
The Indian Penal Code, 1860 42
voluntarily conceals, by any act or illegal omission, the existence of
a design to commit such offence, or makes any representation which he
knows to be false respecting such design ;
if offence be committed; if offence be not committed: shall,
if the offence be committed, be punished with imprisonment of the
description provided for the offence, for a term which may extend to
one-fourth, and, if the offence be not committed, to one-eighth, of the
longest term for such imprisonment, or with such fine as is provided for
the offence, or with both.
CHAPTER V-A
Criminal Conspiracy
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.
CASE LAW
The most important ingredient of the offence of conspiracy is the
agreement between two or more persons to do an illegal act AIR 1988 SC
1883 = 1988 (3) SCC 609. The offence of conspiracy is complete when
two or more conspirators have agreed to do or cause to be done an act
which is itself an offence in which case no overt act need be established.
AIR 1970 SC 549 = 1970 Cr. LJ 707.
Elements of conspiracy. 2005 (11) SCC 600; AIR 2005 SC 128; 2005
(12) SCC 631.
120-B Punishment of criminal conspiracy: (1) Whoever is a
party to a criminal conspiracy to commit an offence punishable
[Sec. 120B
43
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 a criminal conspiracy other than a criminal
conspiracy to commit an offence punishable as aforesaid shall be punished
with imprisonment of either description for a term not exceeding six months,
or with fine or with both.
CASE LAW
For proof of conspiracy see AIR 1980 SC 439; AIR 1979 SC 1266;
AIR 1954 SC 455; AIR 1956 SC 469 ; AIR 1962 SC 1821. Where the
prosecution had not let in evidence to prove that accused intended to commit
terrorist act in India or to endanger life or cause injury to property in India,
Section 3(3) of TADA and Section 4 of Explosive Substances Act not attracted,
1997 (1) SCC 682. Proof of conspiracy. AIR 1999 SC 1086; 1999 (8) Supreme
573. Proof of criminal conspiracy. See: AIR 2001 SC 746; AIR 2001 SC
175; 2001 (9) SCC 161; 2001 (7) SCC 231. Requirement of Section 120
B. 2003 (10) SCC 586; 2003 (3) SCC 641; 2003 (8) SCC 461.
Maharashtra Control of Organized Crimes Act, 1999Prevention of
Corruption Act, 1988 and Section 120B, 216, 218 and 221 dealt with.
2007(2)Supreme 971. Section 120B in the context of Section 409, 420, 467,
471, 477A, 486 IPC had been dealt with. 2007(5) SCC 773 = 2007 Cr.LJ
2757 (SC). Accused wife of main accused Kidnapping for ransom
Conspiracy Benefit of doubt. 2007 Cr.LJ 4080 (SC). Two conspiracies -
one larger another smaller - certain common factors - Nature of offence may
differ AIR 2009 SC 984.
CHAPTER VI
Of offences against the State
121. Waging or attempting to wage war or abetting waging of
war against the Government of India: Whoever wages war against
the Government of India, or attempts to wage such war, or abets the
waging of such war, shall be punished with death, or imprisonment for
life, and shall also be liable to fine.
Illustration
A joins an insurrection against the Government of India. A has
committed the offence defined in this Section.
CASE LAW
Waging war. 2005 (11) SCC 600.
Of Offences against the State Sec. 121]
The Indian Penal Code, 1860 44
121-A. Conspiracy to commit offences punishable by Section
121: Whoever within or without India conspires to commit any of the
offences punishable by Section 121, or conspires to overawe, by means
of criminal force or the show of criminal force, the Central Government
or any State Government, shall be punished with imprisonment for life,
or with imprisonment of either description which may extend to ten years,
and shall also be liable to fine.
Explanation: To constitute a conspiracy under this Section, it is
not necessary that any act or illegal omission shall take place in pursuance
thereof.
CASE LAW
Waging war Meaning thereof. 2003 (8) SCC 461.
122. Collecting arms, etc., with intention of waging war against
the Government of India: Whoever collects men, arms or ammunition
or otherwise prepares to wage war with the intention of either waging
or being prepared to wage war against the Government of India, shall
be punished with imprisonment for life or imprisonment of either description
for a term not exceeding ten years, and shall also be liable to fine.
123. Concealing with intent to facilitate design to wage war:
Whoever, by any act, or by any illegal omission, conceals the existence
of a design to wage war against the Government of India, intending by
such concealment to facilitate, or knowing it to be likely that such
concealment will facilitate, the waging of such war, shall be punished with
imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
124. Assaulting President, Governor etc., with intent to compel
or restrain the exercise of any lawful power: Whoever, with the
intention of inducing or compelling the President of India, or the Governor
of any State, to exercise or refrain from exercising in any manner any
of the lawful powers of such President or Governor,
assaults or wrongfully restrains, or attempts wrongfully to restrain,
or overawes, by means of criminal force or the show of criminal force,
or attempts so to overawe, such President or Governor,
shall be punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to fine.
124-A. Sedition: Whoever by words, either spoken or written
or by signs, or by visible representation, or otherwise, brings or
attempts to bring into hatred or contempt, or excites or attempts to
excite disaffection towards, the Government established by law in
[Sec. 124A
45
India, shall be punished with imprisonment for life, to which fine may be
added, or with imprisonment which may extend to three years, to which
fine may be added, or with fine.
Explanation 1: The expression disaffection includes disloyalty
and all feelings of enmity.
Explanation 2: Comments expressing disapprobation of the
measures of the Government with a view to obtain their alteration by lawful
means, without exciting or attempting to excite hatred, contempt or
disaffection, do not constitute an offence under this Section.
Explanation 3: Comments expressing disapprobation of the
administrative or other action of the Government without exciting or
attempting to excite hatred, contempt or disaffection, do not constitute
an offence under this Section.
CASE LAW
No averment in charge that accused did anything against Government
conviction cannot be sustained, 1997 (7) SCC 431.
125. Waging war against any Asiatic power in alliance with the
Government of India: Whoever wages war against the Government
of any Asiatic Power in alliance or at peace with the Government of India,
or attempts to wage such war, or abets the waging of such war, shall
be punished with imprisonment for life, to which fine may be added, or
with imprisonment of either description for a term which may extend to
seven years, to which fine may be added, or with fine.
126. Committing depredation on territories of power at peace
with the Government of India: Whoever commits depredation, or
makes preparations to commit depredation, on the territories of any Power
in alliance or at peace with the Government of India, shall be punished
with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine and to forfeiture of any property
used or intended to be used in committing such depredation, or acquired
by such depredation.
127. Receiving property taken by war or depredation
mentioned in Sections 125 and 126: Whoever receives any property
knowing the same to have been taken in the commission of any of
Of Offences against the State Sec. 127]
The Indian Penal Code, 1860 46
the offences mentioned in Sections 125 and 126, shall be punished with
imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine and to forfeiture of the property
so received.
128. Public servant voluntarily allowing prisoner of State or
of war to escape: Whoever, being a public servant and having the
custody of any State prisoner or prisoner of war, voluntarily allows such
prisoner to escape from any place in which such prisoner is confined,
shall be punished with imprisonment for life, or imprisonment of either
description for a term which may extend to ten years, and shall also be
liable to fine.
129. Public servant negligently suffering such prisoner to
escape: Whoever, being a public servant and having the custody of any
State prisoner or prisoner of war, negligently suffers such prisoner to
escape from any place of confinement in which such prisoner is confined,
shall be punished with simple imprisonment for a term which may extend
to three years, and shall also be liable to fine.
130. Aiding escape of, rescuing or harbouring such prisoner:
Whoever knowingly aids or assists any State prisoner or prisoner of war
in escaping from lawful custody, or rescues or attempts to rescue any
such prisoner, or harbours or conceals any such prisoner who has escaped
from lawful custody, or offers or attempts to offer any resistance to the
recapture of such prisoner, shall be punished with imprisonment for life,
or with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.
Explanation: A State prisoner or prisoner of war, who is permitted
to be at large on his parole within certain limits in India, is said to escape
from lawful custody if he goes beyond the limits within which he is allowed
to be at large.
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: Whoever abets the committing of mutiny
[Sec. 131
47
by an officer, soldier, sailor or airman, in the Army, Navy or Air Force
of the Government of India or attempts to seduce any such officer, soldier,
sailor or airman from his allegiance or his duty, shall be punished with
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: In this Section the words officer, soldier,
sailor and airman include any person subject to the Army Act,
the Army Act (1950) (46 of 1950), the Naval Discipline Act, the Indian
Navy (Discipline) Act, 1934 (34 of 1934), the Air Force Act or the Air
Force Act, 1950 (45 of 1950), as the case may be.
132. Abetment of mutiny, if mutiny is committed in consequence
thereof: Whoever abets the committing of mutiny by an officer, soldier,
sailor or airman, in the Army, Navy or Air Force of the Government of
India, shall, if mutiny be committed in consequence of that abetment, be
punished with death or with imprisonment for life, or imprisonment of either
description for a term which may extend to ten years, and shall also be
liable to fine.
133. Abetment of assault by soldier, sailor or airman on his
superior officer, when in execution of his office: Whoever abets an
assault by an officer, soldier, sailor or airman, in the Army, Navy or Air
Force of the Government of India, on any superior officer being in the
execution of his office shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also
be liable to fine.
134. Abetment of such assault, if the assault is committed:
Whoever abets an assault of an officer, soldier, sailor or airman, in the
Army, Navy or Air Force of the Government of India, on any superior
officer being in the execution of his office, shall, if such assault be
committed in consequence of that abetment be punished with imprisonment
of either description for a term which may extend to seven years, and
shall also be liable to fine.
135. Abetment of desertion of soldier, sailor or airman: Whoever
abets the desertion of any officer, soldier, sailor or airman, in the Army,
Navy or Air Force of the Government of India, shall be punished with
imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
Of offences relating to Army, Navy, Air Force Sec. 135]
The Indian Penal Code, 1860 48
136. Harbouring deserter: Whoever, except as hereinafter excepted,
knowing or having reason to believe that an officer, soldier, sailor or airman,
in the Army, Navy or Air Force of the Government of India, has deserted,
harbours such officer, soldier, sailor or airman, shall be punished with
imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
Exception: This provision does not extend to the case in which
the harbour is given by a wife to her husband.
137. Deserter concealed on board, merchant vessel through
negligence of master: The master or person in charge of a merchant
vessel, on board of which any deserter from the Army, Navy or Air Force
of the Government of India is concealed, shall, though ignorant of such
concealment, be liable to a penalty not exceeding five hundred rupees,
if he might have known of such concealment but for some neglect of
his duty as such master or person in charge, or but for some want of
discipline on board of the vessel.
138. Abetment of act of insubordination by soldier, sailor or
airman: Whoever abets what he knows to be an act of insubordination
by an officer, soldier, sailor or airman, in the Army, Navy or Air Force
of the Government of India, shall, if such act of insubordination be
committed in consequence of that abetment, be punished with imprisonment
of either description for a term which may extend to six months, or with
fine, or with both.
138-A.
1
[Application of foregoing Sections to the Indian Marine
Service.]
139. Persons subject to certain Acts: No person subject to the
Army Act, the Army Act, 1950 (46 of 1950), the Naval Discipline Act,
the Indian Navy (Discipline) Act, 1934 (34 of 1934), the Air Force Act
or the Air Force Act, 1950 (45 of 1950), is subject to punishment under
this Code for any of the offences defined in this Chapter.
140. Wearing garb or carrying token used by soldier, sailor
or airman: Whoever, not being a soldier, sailor or airman in
Military, Naval or Air Force of the Government of India, wears any
garb or carries any token resembling any garb or token used by such
1. Repealed by the Amending Act, 1934 (35 of 1934), Section 2 and Sch.
[Sec. 140
49
a soldier, sailor or airman, with the intention that it may be believed that
he is such a soldier, sailor or airman, shall be punished with imprisonment
of either description for a term which may extend to three months or
with fine which may extend to five hundred rupees, or with both.
CHAPTER VIII
Of offences against the Public Tranquility
141. Unlawful assembly: An assembly of five or more persons
is designated an unlawful assembly, if the common object of the
persons composing that assembly is,
First: To overawe by criminal force, or show of criminal force,
the Central or any State Government or Parliament or the Legislature of
any State, or any public servant in the exercise of the lawful power of
such public servant; or
Second: To resist the execution of any law, or of any legal process; or
Third: To commit any mischief or criminal trespass, or other offence; or
Fourth: By means of criminal force, or show of criminal force,
to any person, to take or obtain possession of any property, or to deprive
any person of the enjoyment of a right of way, or of the use of water
or other incorporeal right of which he is in possession or enjoyment, or
to enforce any right or supposed right; or
Fifth: By means of criminal force, or show of criminal force, to
compel any person to do what he is not legally bound to do, or to omit
to do what he is legally entitled to do.
Explanation: An Assembly which was not unlawful when it
assembled, may subsequently become an unlawful assembly.
CASE LAW
For unlawful assembly, see AIR 1954 SC 657 ; AIR 1975 SC 455;
AIR 1976 SC 2027 AIR 1978 SC 191 ; AIR 1978 SC 1021 ; AIR 1982
SC 1200. Unlawful assembly Explained. 1999 (8) SCC 555. Sharing of
common object must pre-exist the occurrence. AIR 2002 SC 1168. Common
intention and common object Explained. 2002 (8) SCC 381.
Understanding by a person that assembly was unlawful - can be deemed
to be member of unlawful assembly AIR 2009 SC 417.
Of offences against the Public Tranquility Sec. 141]
IPC4
The Indian Penal Code, 1860 50
142. Being member of unlawful assembly: Whoever, being
aware of facts which render any assembly an unlawful assembly, intentionally
joins that assembly, or continues in it, is said to be a member of an unlawful
assembly.
143. Punishment: Whoever is a member of an unlawful assembly,
shall be punished with imprisonment of either description for a term which
may extend to six months, or with fine, or with both.
CASE LAW
Reduction of custodial sentence to five years on enhancement of fine,
on facts, 2007(1) SCC (Cri.) 72.
Section 143 and 147 and also 149 in relation to Section 341 and Section
326 IPC had been dealt with. 2007(1) SCC (Cri.)72
Section 143, 147 and 149 in relation to offences under Section 302,
324, 341, 342, 504 had been discussed. 2007(3) Supreme 812.
Witnesses turning hostileRing of truth in prosecution case. 2007(3)
Supreme 812.
It is well established that if two views are possible on the basis of
evidence on record and one favourable to the accused had been taken by
trial Court, it ought not to be distrubed by the appellate Court. 2007(4) SCC
415.
144. Joining unlawful assembly armed with deadly weapon:
Whoever, being armed with any deadly weapon, or with anything which,
used as a weapon of offence, is likely to cause death, is a member of
an unlawful assembly, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
145. Joining or continuing in unlawful assembly, knowing it has
been commanded to disperse: Whoever joins or continues in an
unlawful assembly, knowing that such unlawful assembly has been commanded
in the manner prescribed by law to disperse, shall be punished with
imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
146. Rioting: Whenever force or violence is used by an unlawful
assembly, or by any member thereof, in prosecution of the common object
of such assembly, every member of such assembly is guilty of the offence
of rioting.
147. Punishment for rioting: Whoever is guilty of rioting shall
be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
CASE LAW
Where there are numerous persons in unlawful assembly, it is prudent
to insist atleast two reliable witnesses to identify the accused, 1997 (1) SCC 283.
[Sec. 147
51
Scope and applicability. 1999 (6) Scale 296; 1999 (2) Scale 470; 1999
(8) SCC 701; 1999 (4) SCC 268.
Where the prosecution was able to prove its case by brining on record
the evidence of atleast three eye witnesses who are the members of the family
of the deceased, it was held that no merit in the appeal. 2007(3) Supreme 640.
148. Rioting, armed with deadly weapon: Whoever is guilty of
rioting, being armed with a deadly weapon or with anything which, used
as a weapon of offence, is likely to cause death, shall be punished with
imprisonment of either description for a term which may extend to three
years, or with fine, or with both.
149. Every member of unlawful assembly guilty of offence
committed in prosecution of the common object: If an offence is
committed by any member of an unlawful assembly in prosecution of the
common object of that assembly, or such as the members of that assembly
knew to be likely to be committed in prosecution of that object, every
person who, at the time of the committing of that offence, is a member
of the same assembly, is guilty of that offence.
CASE LAW
It is not correct to say that Section 149 I.P.C. does not constitute a substantive
offence. AIR 1966 SC 1742, 1981 (2) SCC 755. Unlawful assembly Proof. 1999
(8) SCC 389. There is no common object in case of mutual fight. AIR 1971 SC 335.
It is not essential to establish which accused had done what acts, 1997 (3) SCC 747.
Unlawful assembly Members engaged in burning house Cannot be convicted
for murder with the aid of Section 34 or 149 I.P.C., AIR 1997 SC 1422. Where
accused came along with other accused with deadly weapons, accused held to be
guilty of Section 149 read with Section 302 I.P.C., 1997(1) SCC 80. Common
object - Explained. 2001 (7) SCC 318; AIR 2001 SC 1760; AIR 2001 SC 2902.
In prosecution of common object and knew Meaning thereof. 2003 (10) SCC
434. Common object. AIR 2003 SC 1439; 2003 (5) SCC 537; AIR 2003 SC 1110.
Pre concert by way of meeting of persons of unlawful assembly as to
common object. AIR 2006 SC 302. Four persons found guilty Conviction under
Section 149 I.P.C. can be made. AIR 2006 SC 831. Inference of common object
when can be drawn. AIR 2006 SC 887. Proof of common object unlawful
assembly. AIR 2006 SC 1639. Common object Common intention. AIR 2004
SC 4570. Common object can be taken as attracted wher all accused came
heavily armed, fired at the deceased. 2007(1) SCJ 762 = 2007 Cr.LJ 1181 (SC).
Pre requites of unlawful Assembly - discussed AIR 2008 SC 2692, AIR
2008 SC 2042, AIR 2008 SC 133, AIR 2008 SC 515, AIR 2008 SC 3069.
Unlawful assembly and murder wife of deceased resuling from earlier statement
and again supporting prosecution - injured witnesses supporting prosceution
version - conviction proper AIR 2009 SC 818.
Of offences against the Public Tranquility Sec. 149]
The Indian Penal Code, 1860 52
150. Hiring or conniving at hiring, of persons to join unlawful
assembly: Whoever hires or engages, or employs, or promotes or
connives at the hiring, engagement or employment of any person to join
or become a member of any unlawful assembly, shall be punishable as
a member of such unlawful assembly, and for any offence which may
be committed by any such person as a member of such unlawful assembly
in pursuance of such hiring, engagement or employment, in the same
manner as if he had been a member of such unlawful assembly, or himself
had committed such offence.
151. Knowingly joining or continuing in assembly of five or
more persons after it has been commanded to disperse: Whoever
knowingly joins or continues in any assembly of five or more persons
likely to cause a disturbance of the public peace, after such assemby has
been lawfully commanded to disperse, shall be punished with imprisonment
of either description for a term which may extend to six months, or with
fine, or with both.
Explanation: If the assembly is an unlawful assembly within the
meaning of Section 141, the offender will be punishable under Section 145.
CASE LAW
Section 151 will be attracted only if there was evidence to show that
the assembly had been lawfully commanded to disperse. AIR 1978 SC 1021
= 1978 Cr. LJ 780.
152. Assaulting or obstructing public servant when suppressing
riot, etc.: Whoever assaults or threatens to assault, or obstructs or
attempts to obstruct, any public servant in the discharge of his duty as
such public servant, in endeavouring to disperse an unlawful assembly,
or to suppress a riot or affray, or uses, or threatens, or attempts to use
criminal force to such public servant, shall be punished with imprisonment
of either description for a term which may extend to three years, or with
fine, or with both.
153. Wantonly giving provocation with intent to cause riot, if
rioting be committed; if not committed: Whoever malignantly or
wantonly, by doing anything which is illegal, gives provocation to any
person intending or knowing it to be likely that such provocation will cause
the offence of rioting to be committed, shall, if the offence of rioting be
committed in consequence of such provocation, be punished with
imprisonment of either description for a term which may extend to one
year, or with fine, or with both; and if the offence of rioting be not
committed, with imprisonment of either description for a term which may
extend to six months, or with fine, or with both.
[Sec. 153
53
153-A. Promoting enmity between different groups on grounds
of religion, race, place of birth, residence, language, etc., and doing
acts prejudicial to maintenance of harmony: (1) Whoever,
(a) by words, either spoken or written, or by signs or by visible
representations or otherwise, promotes or attempts to promote, on grounds
of religion, race, place of birth, residence, language, caste or community
or any other ground whatsoever disharmony or feelings of enmity, hatred
or ill-will between different religious, racial, language or regional groups
or castes or communities, or
(b) commits any act which is prejudicial to the maintenance of
harmony between different religious, racial, language or regional groups
or castes or communities, and which disturbs or is likely to disturb the
public tranquillity
1
[or]
1
[(c) organizes any exercise, movement, drill or other similar activity
intending that the participants in such activity will use or be trained to
use criminal force or violence, or knowing it to be likely that the participants
in such activity will use or be trained to use criminal force or violence,
or participants in such activity intending to use or be trained to use criminal
force or violence or knowing it to be likely that the participants in such
activity will use or be trained to use criminal force or violence, against
any religious, racial, language or regional group or caste or community
and such activity, for any reason whatsoever causes or is likely to cause
fear or alarm or a feeling of insecurity amongst members of such religious,
racial, language or regional group or caste or community,
shall be punished with imprisonment which may extend to three years,
or with fine, or with both.
Offence committed in place of worship, etc.: (2) Whoever
commits an offence specified in sub-section (1) in any place of worship
or in any assembly engaged in the performance of religious worship or
religious ceremonies, shall be punished with imprisonment which may
extend to five years and shall also be liable to fine.
2
[153AA. Punishment for knowingly carrying arms in any
procession or organising, or holding or taking part in any mass
1. Inserted by Criminal Law Amendment Act, 1972 (31 of 1972), Sec. 2.
2. Inserted by the Cr.P.C. (Amndt.) Act, 2005, Act 25 of 2005, w.e.f. a date to be notified.
Of offences against the Public Tranquility Sec. 153AA]
The Indian Penal Code, 1860 54
drill or mass training with arms: Whoever knowingly carries arms
in any procession or organizes or holds or takes part in any mass drill
or mass training with arms in any public place in contravention of any
public notice or order issued or made under Section 144A of the Code
of Criminal Procedure, 1973 (2 of 1974) shall be punished with
imprisonment for a term which may extend to six months and with fine
which may extend to two thousand rupees.
Explanation: Arms means articles of any description designed
or adapted as weapons for offence or defence and includes fire arms,
sharp edged weapons, lathis, dandas and sticks.]
1
[153-B. Imputations, assertions, prejudicial to national
integration:(1) Whoever, by words either spoken or written or by signs
or by visible representations or otherwise,
(a) makes or publishes any imputation that any class of persons
cannot, by reason of their being members of any religious, racial,
language or regional group or caste or community, bear true
faith and allegiance to the Constitution of India as by law
established or uphold the sovereignty and integrity of India, or
(b) asserts, counsels, advises, propagates or publishes that any class
of persons shall, by reason of their being members of any
religious, racial, language or regional group or caste or community,
be denied or deprived of their rights as citizens of India, or
(c) makes or publishes any assertion, counsel, plea or appeal
concerning the obligation of any class of persons, by reason
of their being members of any religious, racial, language or
regional group or caste or community, and such assertion,
counsel, plea or appeal causes or is likely to cause disharmony
or feelings of enmity or hatred or ill will between such members
and other persons,
shall be punished with imprisonment which may extend to three
years, or with fine, or with both.
(2) Whoever commits an offence specified in sub-section (1) in any
place of worship or in any assembly engaged in the performance
1. Inserted by Criminal Law Amendment Act, 1972 (31 of 1972), S. 2.
[Sec. 153B
55
of religious worship or religious ceremonies, shall be punished with
imprisonment which may extend to five years and shall also be liable to
fine.
154. Owner or occupier of land on which an unlawful assembly
is held: Whenever any unlawful assembly or riot takes place, the owner
or occupier of the land upon which such unlawful assembly is held, or
such riot is committed, and any person having or claiming an interest in
such land, shall be punishable with fine not exceeding one thousand rupees,
if he or his agent or manager, knowing that such offence is being or has
been committed, or having reason to believe it is likely to be committed,
do not give the earliest notice thereof in his or their power to the principal
officer at the nearest police-station, and do not, in the case of his or
their having reason to believe that it was about to be committed, use
all lawful means in his or their power to prevent it, and, in the event
of its taking place, do not use all lawful means in his or their power
to disperse or suppress the riot or unlawful assembly.
155. Liability of person for whose benefit riot is committed:
Whenever a riot is committed for the benefit or on behalf of any person
who is the owner or occupier of any land respecting which such riot takes
place or who claims any interest in such land, or in the subject of any
dispute which gave rise to the riot, or who has accepted or derived any
benefit therefrom, such person shall be punishable with fine, if he or his
agent or manager, having reason to believe that such riot was likely to
be committed or that the unlawful assembly by which such riot was
committed was likely to be held, shall not respectively use all lawful means
in his or their power to prevent such assembly or riot from taking place,
and for suppressing and dispersing the same.
156. Liability of agent of owner or occupier for whose benefit
riot is committed: Whenever a riot is committed for the benefit or on
behalf of any person who is the owner or occupier of any land respecting
which such riot takes place, or who claims any interest in such land, or
in the subject of any dispute which gave rise to the riot, or who has
accepted or derived any benefit therefrom.
the agent or manager of such person shall be punishable with
fine, if such agent or manager, having reason to believe that such
Of offences against the Public Tranquility Sec. 156]
The Indian Penal Code, 1860 56
riot was likely to be committed, or that the unlawful assembly by which
such riot was committed was likely to be held, shall not use all lawful
means in his power to prevent such riot or assembly from taking place
and for suppressing and dispersing the same.
157. Harbouring persons hired for an unlawful assembly:
Whoever harbours, receives or assembles, in any house or premises in
his occupation or charge, or under his control any persons, knowing that
such persons have been hired, engaged, or employed or are about to
be hired, engaged or employed, to join or become members of an unlawful
assembly, shall be punished with imprisonment of either description for
a term which may extend to six months, or with fine or with both.
158. Being hired to take part in an unlawful assembly or riot:
Whoever is engaged, or hired, or offers or attempts to be hired or engaged,
to do or assist in doing any of the acts specified in Section 141, shall
be punished with imprisonment of either description for a term which may
extend to six months, or with fine, or with both.
or to go armed: and whoever, being so engaged or hired as
aforesaid, goes armed, or engages or offers to go armed, with any deadly
weapon or with anything which used as a weapon of offence is likely
to cause death, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
159. Affray: When two or more persons, by fighting in a public
place, disturb the public peace, they are said to commit an affray.
160. Punishment for committing affray: Whoever commits an
affray, shall be punished with imprisonment of either description for a term
which may extend to one month, or with fine which may extend to one
hundred rupees, or with both.
CHAPTER IX
Of offences by or relating to Public Servants
161.
1
[x x x]
1. Omitted by Prevention of Corruption Act, 1988, (Act 48 of 1988), dt. 9-9-1988.
[Sec. 161
57
CASE LAW
If accused had used his official position to extract illegal gratification
the requirement of law is satisfied. AIR 1968 SC 1323 = 1968 Cr. LJ 1505.
Illegal gratification. AIR 2007 SC 3106.
162.
1
[x x x]
163.
1
[x x x]
164.
1
[x x x]
165.
1
[x x x]
CASE LAW
It is not correct to say that subordinate means something more than
administratively subordinate. AIR 1963 SC 550 = 1963 (1) Cr. LJ 486.
165-A.
1
[x x x]
166. Public servant disobeying law, with intent to cause injury
to any person: Whoever, being a public servant, knowingly disobeys
any direction of the law as to the way in which he is to conduct himself
as such public servant, intending to cause, or knowing it to be likely that
he will, by such disobedience, cause injury to any person, shall be punished
with simple imprisonment for a term which may extend to one year, or
with fine or with both.
Illustration
A, being an officer directed by law to take property in execution,
in order to satisfy a decree pronounced in Zs favour by a Court of Justice,
knowingly disobeys that direction of law, with the knowledge that he is
likely thereby to cause injury to Z. A has committed the offence defined
in this Section.
CASE LAW
Sanction to prosecute necessary for offences under sections 166, 167
IPC as against members of Armed Forces AIR 2008 SC 1937.
167. Public servant framing an incorrect document with
intent to cause injury: Whoever, being a public servant, and being,
as
2
[such public servant, charged with the preparation or translation
of any document or electronic record, frames prepares or translates
that document or electronic record] 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
1. Omitted by Prevention of Corruption Act, 1988, (Act 48 of 1988), dt. 9-9-1988.
2. Subs. by The Information Technology Act, 2000, w.e.f. 17.10.2000.
Of offences by or relating to Public Servants Sec. 167]
The Indian Penal Code, 1860 58
be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
168. Pubic servant unlawfully engaging in trade: Whoever,
being a public servant, and being legally bound as such public servant
not to engage in trade, engages in trade, shall be punished with simple
imprisonment for a term which may extend to one year, or with fine or
with both.
CASE LAW
Trade in its narrow popular sense means exchange of goods for goods
or for money with the object of making profits. AIR 1980 SC 1167 = 1980
(2) SCC 322.
169. Public servant unlawfully buying or bidding for property:
Whoever, being a public servant, and being legally bound as such public
servant, not to purchase or bid for certain property, purchases or bids
for that property, either in his own name or in the name of another, or
jointly, or in shares with others, shall be punished with simple imprisonment
for a term which may extend to two years, or with fine, or with both;
and the property, if purchased, shall be confiscated.
170. Personating a public servant: Whoever pretends to hold
any particular office as a public servant, knowing that he does not hold
such office or falsely personates any other person holding such office,
and in such assumed character does or attempts to do any act under
colour of such office, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both.
171. Wearing garb or carrying token used by public servant
with fraudulent intent: Whoever, not belonging to a certain class of
public servants, wears any garb or carries any token resembling any garb
or token used by that class of public servants, with the intention that it
may be believed, or with the knowledge that it is likely to be believed,
that he belongs to that class of public servants, 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.
[Sec. 171
59
CHAPTER IX-A
Of offences relating to Elections
171-A. Candidate, Electoral right defined: For the purposes
of this Chapter,
(a) candidate means a person who has been nominated as a
candidate at any election;
(b) electoral right means the right of a person to stand, or not
to stand as, or to withdraw from being, a candidate or to vote
or refrain from voting at an election.
171-B. Bribery: (1) whoever,
(i) gives a gratification to any person with the object of inducing
him or any other person to exercise any electoral right or of
rewarding any person for having exercised any such right; or
(ii) accepts either for himself or for any other person any gratification
as a reward for exercising any such right or for inducing or
attempting to induce any other person to exercise any such right,
commits the offence of bribery:
Provided that a declaration of public policy or a promise of public
action shall not be an offence under this Section.
(2) A person who offers, or agrees to give, or offers or attempts
to procure, a gratification shall be deemed to give a gratification.
(3) A person who obtains or agrees to accept or attempts to obtain
a gratification shall be deemed to accept a gratification, and a person
who accepts a gratification as a motive for doing what he does not intend
to do, or as a reward for doing what he has not done, shall be deemed
to have accepted the gratification as a reward.
171-C. Undue influence at elections: (1) Whoever voluntarily
interferes or attempts to interfere with the free exercise of any electoral
right commits the offence of undue influence at an election.
(2) Without prejudice to the generality of the provisions of sub-section
(1), whoever,
Of offences relating to Elections Sec. 171C]
The Indian Penal Code, 1860 60
(a) threatens any candidate or voter, or any person in whom a
candidate or voter is interested, with injury of any kind, or
(b) induces or attempts to induce a candidate or voter to believe
that he or any person in whom he is interested will become
or will be rendered an object of Divine displeasure or of spiritual
censure,
shall be deemed to interfere with the free exercise of the electoral
right of such candidate or voter, within the meaning of sub-section (1).
(3) A declaration of public policy or a promise of public action or
the mere exercise of a legal right without intent to interfere with an electoral
right, shall not be deemed to be interference within the meaning of this
Section.
171-D. Personation at elections: Whoever at an election applies
for a voting paper or votes in the name of any other person, whether
living or dead, or in a fictitious name, or who having once voted at such
election applies at the same election for a voting paper in his own name,
and whoever abets, procures or attempts to procure the voting by any
person in any such way, commits the offence of personation at an election.
1
[Provided that nothing in this section shall apply to a person who
has been authorised to vote as proxy for an elector under any law for
the time being in force in so far as he votes as a proxy for such elector.]
171-E. Punishment for bribery: Whoever commits the offence
of bribery shall be punished with imprisonment of either description for
a term which may extend to one year, or with fine, or with both.
Provided that bribery by treating shall be punished with fine only.
Explanation: Treating means that form of bribery where the
gratification consists in food, drink, entertainment, or provision.
171-F. Punishment for undue influence or personation at an
election: Whoever commits the offence of undue influence or
1. Ins. by Act No. 24 of The Election Laws (Amendment) Act, 2003, dt. 22-3-2003.
[Sec. 171F
61
personation at an election shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or
with both.
171-G. False statement in connection with an election: Whoever
with intent to affect the result of an election makes or publishes any
statement purporting to be a statement of fact which is false and which
he either knows or believes to be false or does not believe to be true,
in relation to the personal character or conduct of any candidate shall
be punished with fine.
171-H. Illegal payments in connection with an election: Whoever
without the general or special authority in writing of a candidate incurs
or authorises expenses on account of the holding of any public meeting,
or upon any advertisement, circular or publication, or in any other way
whatsoever for the purpose of promoting or procuring the election of such
candidate, shall be punished with fine which may extend to five hundred
rupees:
Provided that if any person having incurred any such expenses not
exceeding the amount of ten rupees without authority obtains within ten
days from the date on which such expenses were incurred the approval
in writing of the candidate, he shall be deemed to have incurred such
expenses with the authority of the candidate.
171-I. Failure to keep election accounts: Whoever being required
by any law for the time being in force or any rule having the force of
law to keep accounts of expenses incurred at or in connection with an
election fails to keep such accounts, shall be punished with fine which
may extend to five hundred rupees.
CHAPTER X
Of Contempts of the Lawful Authority
of Public Servants
172. Absconding to avoid service of summons or other
proceeding: Whoever absconds in order to avoid being served with
a summons, notice or order proceeding from any public servant, legally
competent, as such public servant, to issue such summons, notice or order,
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;
Of contempts of the lawful authority ... Sec. 172]
The Indian Penal Code, 1860 62
or, if the summons or notice or order is to attend in person or by
agent, or to
1
[produce a document or an electronic record in a Court
of Justice], with simple imprisonment for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or
with both.
173. Preventing service of summons or other proceeding, or
preventing publication thereof: Whoever in any manner intentionally
prevents the serving on himself, or on any other person, of any summons,
notice or order proceeding from any public servant legally competent, as
such public servant, to issue such summons, notice or order,
or intentionally prevents the lawful affixing to any place of any such
summons, notice or order,
or intentionally removes any such summons, notice or order from
any place to which it is lawfully affixed,
or intentionally prevents the lawful making of any proclamation, under
the authority of any public servant legally competent, as such public servant,
to direct such proclamation to be made,
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;
or, if the summons, notice, order or proclamation is to attend in
person or by agent, or
1
[to produce a document or electronic record
in a Court of Justice], with simple imprisonment for a term which may
extend to six months, or with fine which may extend to one thousand
rupees, or with both.
174. Non-attendance in obedience to an order from public
servant: Whoever, being legally bound to attend in person or by an
agent at a certain place and time in obedience to a summons, notice,
order or proclamation proceeding from any public servant legally competent,
as such public servant, to issue the same,
intentionally omits to attend at that place or time, or departs from
the place where he is bound to attend before the time at which it is lawful
for him to depart,
1. Subs. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
[Sec. 174
63
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;
or, if the summons, notice, order or proclamation is to attend in
person or by agent in a Court of Justice, with simple imprisonment for
a term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both.
Illustrations
(a) A, being legally bound to appear before the High Court at Calcutta,
in obedience to a subpoena issuing from that Court, intentionally omits to
appear. A has committed the offence defined in this Section.
(b) A, being legally bound to appear before the District Judge, as a
witness in obedience to a summons issued by that District Judge intentionally
omits to appear. A has committed the offence defined in this Section.
1
[174A. Non-appearance in response to a proclamation under
Sec. 82 of Act 2 of 1974: Whoever fails to appear at the specified
place and the specified time as required by a proclamation published under
sub-section (1) of Sec. 82 of the Code of Criminal Procedure, 1973
shall be punished with imprisonment for a term which may extend to three
years or with fine or with both, and where a declaration has been made
under sub-sec. (4) of that section pronouncing him as a proclaimed
offender, he shall be punished with imprisonment for a term which may
extend to seven years and shall also be liable to fine.]
175. Omission to produce document to public servant by person
legally bound to produce it: Whoever, being legally bound to produce
or deliver up any
2
[document or electronic record] to any public servant,
as such intentionally omits so to produce or deliver up the same, 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;
or, if the
2
[document or electronic record] is to be produced or
delivered up to a Court of Justice, with simple imprisonment for a
1. Inserted by Cr.P.C. (Amendment) Act, 2005 (25 of 2005), w.e.f. 23-6-2006.
2. Subs. by The Information Technology Act, 2000, w.e.f. 17.10.2000.
Of contempts of the lawful authority ... Sec. 175]
The Indian Penal Code, 1860 64
term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both.
Illustration
A, being legally bound to produce a document before a District Court,
intentionally omits to produce the same. A has committed the offence defined
in this Section.
176. Omission to give notice or information to public servant
by person legally bound to give it: Whoever being legally bound to
give any notice or to furnish information on any subject to any public
servant, as such intentionally omits to give such notice or to furnish such
information in the manner and at the time required by law, 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;
or, if the notice or information required to be given respects the
commission of an offence, or is required for the purpose of preventing
the commission of an offence or in order to the apprehension of an
offender, with simple imprisonment for a term which may extend to six
months, or with fine which may extend to one thousand rupees or with
both;
or, if the notice or information required to be given is required by
an order passed under sub-section (1) of Section 565 of the Code of
Criminal Procedure, 1898 (5 of 1898)
1
with imprisonment of either
description for a term which may extend to six months, or with fine which
may extend to one thousand rupees, or with both.
177. Furnishing false information: Whoever, being legally bound
to furnish information on any subject to any public servant, as such,
furnishes,. as true, information on the subject which he knows or has reason
to believe to be false, shall be punished with simple imprisonment for
a term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both;
or, if the information which he is legally bound to give respects
the commission of an offence, or is required for the purpose of
preventing the commission of an offence, or in order to the apprehension
1. Now Section 356, Criminal Procedure Code, 1973.
[Sec. 177
65
of an offender, with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.
Illustrations
(a) A, a landholder, knowing of the commission of a murder within
the limits of his estate, wilfully misinforms the Magistrate of the district
that the death has occurred by accident in consequence of the bite of a
snake. A is guilty of the offence defined in this section.
(b) A, a village watchman, knowing that a considerable body of
strangers has passed through his village in order to commit a dacoity in
the house of Z, a wealthy merchant residing in a neighbouring place and
being bound under Clause 5, Section VII, Regulation III, 1821, of the Bengal
Code, to give early and punctual information of the above fact to the officer
of the nearest police station, wilfully misinforms the police officer that a
body of suspicious characters passed through the village with a view to
commit dacoity in a certain distant place in a different direction. Here A
is guilty of the offence defined in the latter part of this Section.
Explanation: In Section 176 and in this Section the word offence
includes any act committed at any place out of India, which if committed
in India, would be punishable under any of the following Sections, namely,
302, 304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435,
436, 449, 450, 457, 458, 459, and 460; and the word offender
includes any person who is alleged to have been guilty of any such act.
178. Refusing oath or affirmation when duly required by public
servant to make it: Whoever refuses to bind himself by an oath or
affirmation to state the truth, when required so to bind himself by a public
servant legally competent to require that he shall so bind himself, shall
be punished with simple imprisonment for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or
with both.
179. Refusing to answer public servant authorised to question:
Whoever, being legally bound to state the truth on any subject to any
public servant, refuses to answer any question demanded of him touching
that subject by such public servant in the exercise of the legal powers
of such public servant, shall be punished, with simple imprisonment for
a term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both.
Of contempts of the lawful authority ... Sec. 179]
IPC5
The Indian Penal Code, 1860 66
180. Refusing to sign statement: Whoever refuses to sign any
statement made by him, when required to sign that statement by a public
servant legally competent to require that he shall sign that statement, shall
be punished with simple imprisonment for a term which may extend to
three months, or with fine which may extend to five hundred rupees, or
with both.
181. False statement on oath or affirmation to public servant
or person authorised to administer an oath or affirmation: Whoever,
being legally bound by an oath or affirmation to state the truth on any
subject to any public servant or other person authorised by law to
administer such oath or affirmation, makes, to such public servant or other
person as aforesaid, touching that subject, any statement which is false,
and which he either knows or believes to be false or does not believe
to be true, shall be punished with imprisonment of either description for
a term which may extend to three years, and shall also be liable to fine.
182. False information, with intent to cause public servant to
use his lawful power to the injury of another person: Whoever gives
to any public servant any information which he knows or believes to be
false, intending thereby to cause, or knowing it to be likely that he will
thereby cause, such public servant,
(a) to do or omit anything which such public servant ought not to
do or omit if the true state of facts respecting which such
information is given were known by him, or
(b) to use the lawful power of such public servant to the injury
or annoyance of any person.
shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
Illustrations
(a) A, informs a Magistrate that Z, a police officer, subordinate to
such Magistrate, has been guilty of neglect of duty or misconduct, knowing
such information to be false, and knowing it to be likely that the information
will cause the Magistrate to dismiss Z. A has committed the offence defined
in this Section.
[Sec. 182
67
(b) A, falsely informs a public servant that Z has contraband salt in
a secret place, knowing such information to be false, and knowing that
it is likely that the consequence of the information will be a search of
Zs premises, attended with annoyance to Z. A has committed the offence
defined in this Section.
(c) A, falsely informs a policeman that he has been assaulted and
robbed in the neighbourhood of a particular village. He does not mention
the name of any person as one of his assailants, but knows it to be likely
that in consequence of this information the police will make enquiries and
institute searches in the village to the annoyance of the villagers or some
of them. A has committed an offence under this Section.
183. Resistance to the taking of property by the lawful authority
of a public servant: Whoever offers any resistance to the taking of
any property by the lawful authority of any public servant, knowing or
having reason to believe that he is such public servant, shall be punished
with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or
with both.
184. Obstructing sale of property offered for sale by authority
of public servant: Whoever intentionally obstructs any sale of property
offered for sale by the lawful authority of any public servant, as such,
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.
185. Illegal purchase or bid for property offered for sale by
authority of public servant: Whoever, at any sale of property held
by the lawful authority of a public servant, as such, purchases or bids
for any property on account of any person, whether himself or any other,
whom he knows to be under a legal incapacity to purchase that property
at that sale, or bids for such property not intending to perform the
obligations under which he lays himself by such bidding, shall be punished
with imprisonment of either description for a term which may extend to
one month, or with fine which may extend to two hundred rupees, or
with both.
186. Obstructing public servant in discharge of public
functions: Whoever voluntarily obstructs any public servant in the
discharge of his public functions, shall be punished with imprisonment
Of contempts of the lawful authority ... Sec. 186]
The Indian Penal Code, 1860 68
of either description for a term which may extend to three months, or
with fine which may extend to five hundred rupees, or with both.
187. Omission to assist public servant when bound by law to
give assistance: Whoever, being bound by law to render or furnish
assistance to any public servant in the execution of his public duty,
intentionally omits to give such assistance, 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;
and if such assistance be demanded of him by a public servant legally
competent to make such demand for the purposes of executing any process
lawfully issued by a Court of Justice, or of preventing the commission
of an offence, or of suppressing a riot, or affray, or of apprehending a
person charged with or guilty of an offence, or of having escaped from
lawful custody, shall be punished with simple imprisonment for a term which
may extend to six months, or with fine which may extend to five hundred
rupees, or with both.
188. Disobedience to order duly promulgated by public servant:
Whoever, knowing that, by an order promulgated by a public servant
lawfully empowered to promulgate such order, he is directed to abstain
from a certain act, or to take certain order with certain property in his
possession or under his management, disobeys such direction,
shall, if such disobedience causes or tends to cause obstruction,
annoyance or injury, or risk of obstruction, annoyance or injury, to any
person lawfully employed, 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:
and if such disobedience causes or tends to cause danger to human
life, health or safety, or causes or tends to cause a riot or affray, shall
be punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand
rupees, or with both.
Explanation: It is not necessary that the offender should intend
to produce harm, or contemplate his disobedience as likely to produce
harm. It is sufficient that he knows of the order which he disobeys, and
that his disobedience produces, or is likely to produce, harm.
[Sec. 188
69
Illustration
An order is promulgated by a public servant lawfully empowered to
promulgate such order, directing that a religious procession shall not pass
down a certain street., A knowingly disobeys the order, and thereby causes
danger of riot. A has committed the offence defined in this Section.
189. Threat of injury of public servant: Whoever holds out any
threat of injury to any public servant, or to any person in whom he believes
that public servant to be interested, for the purpose of inducing that public
servant to do any act, or to forbear or delay to do any act, connected
with the exercise of the public functions of 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.
190. Threat of injury to induce person to refrain from applying
for protection to public servant: Whoever holds out any threat of
injury to any person for the purpose of inducing that person to refrain
or desist from making a legal application for protection against any injury
to any public servant legally empowered as such to give such protection,
or to cause such protection to be given, shall be punished with imprisonment
of either description for a term which may extend to one year, or with
fine, or with both.
CHAPTER XI
Of false Evidence and Offences against
Public Justice
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.
Explanation 1: A statement is within the meaning of this Section,
whether it is made verbally or otherwise.
Explanation 2: A false statement as to the belief of the person
attesting is within the meaning of this Section, and a person may be guilty
of giving false evidence by stating that he believes a thing which he does
not believe, as well as by stating that he knows a thing which he does
not know.
Of false evidence and offences Public Justice Sec. 191]
The Indian Penal Code, 1860 70
Illustrations
(a) A, in support of a just claim which B has against Z for one thousand
rupees, falsely swears on a trial that he heard Z admit the justice of Bs
claim. A has given false evidence.
(b) A, being bound by an oath to state the truth, states that he believes
a certain signature to be the handwriting of Z, when he does not believe
it to be the handwriting of Z. Here A states that which he knows to be
false, and therefore gives false evidence.
(c) A, knowing the general character of Zs handwriting, states that
he believes a certain signature to be the handwriting of Z. A in good faith
believing it to be so. Here As statement is merely as to his belief, and
is true as to his belief, and therefore, although the signature may not be
the handwriting of Z, A has not given false evidence.
(d) A, being bound by an oath to state the truth, states that he knows
that Z was at a particular place on a particular day, not knowing anything
upon the subject. A gives false evidence whether Z was at that place on
the day named or not.
(e) A, an interpreter or translator, gives or certifies as a true interpretation
or translation of a statement or document, which he is bound by the oath
to interpret or translate truly, that which is not and which he does not believe
to be a true interpretation or translation. A has given false evidence.
CASE LAW
It will be extremely unsafe and hazardous to maintain conviction in case
of inconsistency between the ocular and medical evidence ; AIR 1981 SC
1578 = 1981 Cr. LJ 998.
False evidence before Court Duty of Court. 2005 (10) SCC 701.
192. Fabricating false evidence: Whoever cause any
circumstance to exist or
1
[makes any false entry in any book or record,
or electronic record or makes any document or electronic record
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
1. Subs. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
[Sec. 192
71
an erroneous opinion touching any point material to the result of such
proceeding, is said to fabricate false evidence.
Illustrations
(a) A, puts jewels into a box belonging to Z, with the intention that
they may be found in that box, and that this circumstance may cause Z
to be convicted of theft. A has fabricated false evidence.
(b) A, makes a false entry in his shop-book for the purpose of using
it as corroborative evidence in a Court of Justice, A has fabricated false
evidence.
(c) A, with the intention of causing Z to be convicted of a criminal
conspiracy, writes a letter in imitation of Zs handwriting, purporting to be
addressed to an accomplice in such criminal conspiracy, and puts the letter
in a place which he knows that the officers of the police are likely to
search. A has fabricated false evidence.
CASE LAW
Fabricating false evidence. See: AIR 2001 SC 970.
193. Punishment for false evidence: Whoever intentionally gives
false evidence in any stage of a judicial proceedings, or fabricates false
evidence for the purpose of being used in any stage of a judicial proceedings,
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.
Explanation 1: A trial before a Court-martial is a judicial proceeding.
Explanation 2: An investigation directed by law preliminary to
a proceeding before a Court of Justice, is a stage of a judicial proceeding
though that investigation may not take place before a Court of Justice.
Illustration
A, in an enquiry before a Magistrate for the purpose of ascertaining
whether Z ought to be committed for trial, makes on oath a statement which
Of false evidence and offences Public Justice Sec. 193]
The Indian Penal Code, 1860 72
he knows to be false. As this enquiry is a stage of a judicial proceeding,
A has given false evidence.
Explanation 3: An investigation directed by a Court of Justice
according to law, and conducted under the authority of a Court of Justice,
is a stage of a judicial proceeding, though that investigation may not take
place before a Court of Justice.
Illustration
A, in an enquiry before an officer deputed by a Court of Justice to
ascertain on the spot the boundaries of land, makes on oath a statement
which he knows to be false, As this enquiry is a stage of a judicial
proceeding, A has given false evidence.
CASE LAW
No Court can take cognizance of an offence under Sec. 193 when such
offence is alleged to have been committed in or in relation to any proceeding
in any Court except on the complaint in writing of such Court. ; AIR 1968
SC 19 = 1968 Cr. LJ 86.
194. Giving or fabricating false evidence with intent to procure
conviction of capital offence: 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 is capital by the
law for the time being in force in India shall be punished with imprisonment
for life, or with rigorous imprisonment for a term which may extend to
ten years, and shall also be liable to fine.
if innocent person be thereby convicted and executed: and
if an innocent person be convicted and executed in consequence of such
false evidence, the person who gives such false evidence shall be punished
either with death or the punishment hereinbefore described.
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.
[Sec. 195
73
Illustration
A gives false evidence before a Court of Justice, intending thereby
to cause Z to be convicted of a dacoity. The punishment of dacoity is
imprisonment for life, or rigorous imprisonment for a term which may extend
to ten years, with or without fine. A therefore is liable to imprisonment
for life or imprisonment, with or without fine.
1
[195A. Threatening or inducing any person to give false
evidence: 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 that person to give false
evidence shall be punished with imprisonment of either description for a
term which may extend to seven years, or with fine, or with both;
and if innocent person is convicted and sentenced in consequence
of such false evidence, with death or imprisonment for more than seven
years, the person who threatens shall be punished with the same punishment
and sentence in the same manner and to the same extent such innocent
person is punished and sentenced.]
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.
197. Issuing or signing false 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.
CASE LAW
Doctrine of state immunity dealt with. 2007(1) SCC 1=2007(1)SCC
(Cri.)193.
198. Using as true a certificate known to be false: Whoever,
corruptly uses or attempts to use any such certificate as a true certificate,
knowing the same to be false in any material point, shall be punished
in the same manner as if he gave false evidence.
199. False statement made in declaration which is by law
receivable as evidence: Whoever, in any declaration made or
1. Ins. by the Criminal Law (Amndt.) Act, 2005, Act No. 2 of 2006, w.e.f. 16-4-2006,
vide S.O. 523E, dt. 12-4-2006.
Of false evidence and offences Public Justice Sec. 199]
The Indian Penal Code, 1860 74
subscribed by him, which declaration any Court of Justice, or any public
servant or other person, is bound or authorized 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.
CASE LAW
Production of false certificates and false affidavits Convicted under
Section 199 for six months RI and fine of Rs. 1,000 in default for further
sentence of six weeks, 1997 (3) SCC 496.
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 informality, is a declaration within the meaning of Sections
199 and 200.
CASE LAW
One of the ingredients of an offence under Section 200 IPC is that
the declaration should be used or attempted to be used corruptly. AIR 1969
SC 7 = 1969 Cr. LJ 257.
201. Causing disappearance of evidence of offence, or giving
false information to screen offender: Whoever, knowing or having
reason to believe that an offence has been committed, causes any evidence
of the commission of that offence to disappear, with the intention of
screening the offender from legal punishment, or with that intention gives
any information respecting the offence which he knows or believes to be
false.
if a capital offence: shall, if the offence, which he knows or
believes to have been committed is punishable with death, be punished
with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.
if punishable with imprisonment for life: and if the offence
is punishable with imprisonment for life, or with imprisonment which
[Sec. 201
75
may extend to ten years, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also
be liable to fine;
if punishable with less than ten years imprisonment: and if
the offence is punishable with imprisonment for any term not extending
to ten years, shall be punished with imprisonment of the description
provided for the offence, for a term which may extend to one-fourth part
of the longest term of the imprisonment provided for the offence, or with
fine, or with both.
Illustration
A, knowing that B has murdered Z, assists B to hide the body with
the intention of screening B from punishment. A is liable to imprisonment
of either description for seven years, and also to fine.
CASE LAW
In order to establish the charge under Section 201 I.P.C. it is essential
to prove that an offence has been committed and mere suspicion that it has
been committed is not sufficient. AIR 1952 SC 354 = 1952 S.C.J. 545.
Sections 300 and 201 are connected offences, 1997(1) ALT (Crl.) 54.
Proof of charge of kidnapping and murder of girl and concealing the body.
AIR 2000 SC 50.
Reduction of sentence on the allegation of murder. AIR 1999 SC 782.
Ingredients of the offence discussed. 1999 (4) Crimes 125 (SC).
Ingredients of Section 201 Explained. AIR 2001 SC 953.
Requirements of Section 201. 2003 (8) SCC 296.
Oral threats by lawyers said to have been made to approver No offence.
AIR 2006 SC 6. Accused aged 70 years not connected with main offence
sentence reduced. AIR 2006 SC 1959.
Though main offence is not established, Section 201 may be attracted.
2007(3) ALT (Cri.) 349 (SC). Supply of blood by blood bank to Govt hospital
- HIV contaminated blood - Necessity of Sanction discussed AIR 2008 SC
1375.
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 months, or with fine, or with both.
Of false evidence and offences Public Justice Sec. 202]
The Indian Penal Code, 1860 76
CASE LAW
It is well settled that in a prosecution under Section 202 I.P.C. it is
necessary for the prosecution to establish the main offence before making
a person liable under this Section, AIR 1979 SC 1232 = 1979 Cr. LJ 1025.
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.
Explanation: In Sections 201 and 202 and in this Section the
word offence includes any act committed at any place out of India,
which, if committed in India, would be punishable under any of the
following Sections, namely, 302, 304, 382, 392, 393, 394, 395, 396,
397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459, and 460.
204. Destruction of
1
[document or electronic record] to prevent
its production as evidence: Whoever secrets or destroys any
1
[document
or electronic record] which he may be lawfully compelled to produce
as evidence in a Court of Justice, or in any proceeding lawfully, held
before a public servant, as such, or obliterates or renders illegible the
whole or any part of such
1
[document or electronic record] with the
intention of preventing the same from being produced or used as evidence
before such Court or public servant as aforesaid, or after he shall have
been lawfully summoned or required to produce the same for that purpose,
shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.
205. False personation 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 judgment, 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 of either description for a term which may extend to three
years, or with fine, or with both.
1. Subs. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
[Sec. 205
77
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 any property or any interest
therein, intending thereby 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 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.
207. Fraudulent claim to property to prevent its seizure as
forfeited or in execution: Whoever fraudulently accepts, receives or
claims any property or any interest therein, knowing that he has no right
or rightful claim to such property or interest, or practises any deception
touching any right to any property or any interest therein, intending thereby
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
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.
208. Fraudulently suffering decree for sum not due: Whoever
fraudulently causes or suffers a decree or order to be passed against him
at the suit of any person for a sum not due or for a larger sum than
is due to such person or for any property or interest in property to which
such person is not entitled, or fraudulently causes or suffers a decree or
order to be executed against him after it has been satisfied, or for anything
in respect of which it has been satisfied, shall be punished with imprisonment
of either description for a term which may extend to two years, or with
fine, or with both.
Illustration
A, institutes a suit against Z. Z, knowing that A is likely to obtain
a decree against him, fraudulently suffers a judgment to pass against him
Of false evidence and offences Public Justice Sec. 208]
The Indian Penal Code, 1860 78
for a larger amount at the suit of B, who has no just claim against him,
in order that B, either on his own account or for the benefit of Z, may
share in the proceeds of any sale of Zs property which may be made
under As decree. Z has committed an offence under this Section.
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.
210. Fraudulently obtaining decree for sum not due: Whoever
fraudulently obtains a decree or order against any person for a sum not
due, or for a larger sum than is due, or for any property or interest in
property to which he is not entitled, or fraudulently causes a decree or
order to be executed against any person after it has been satisfied or
for anything in respect of which it has been satisfied, or fraudulently suffers
or permits any such act to be done in his name, shall be punished with
imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
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 that
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 of
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.
CASE LAW
The word offence used in Section 211 would also include a thing
punishable under a special law. AIR 1964 SC 1773 = 1964 (2) Cr. LJ 737.
[Sec. 211
79
212. Harbouring offender: Whenever an offence has been
committed whoever harbours or conceals a person whom he knows or
has reason to believe to be the offender, with the intention of screening
him from legal punishment.
if a capital offence: shall, if the offence is punishable with death,
be punished with imprisonment of either description for a term which may
extend to five years, and shall also be liable to fine;
if punishable with imprisonment for life, or with imprisonment:
and if the offence is punishable with imprisonment for life, or with
imprisonment which may extend to ten years, 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 is punishable with imprisonment which may extend
to one year, and not to ten years, shall be punished with imprisonment
of the description provided for the offence for a term which may extend
to one-fourth part of the longest term of imprisonment provided for the
offence, or with fine, or with both.
Offence in this Section includes any act committed at any place
out of India, which if committed in India, would be punishable under any
of the following Sections, namely, 302, 304, 382, 392, 393, 394, 395,
396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459, and
460; and every such act shall, for the purposes of this Section, be deemed
to be punishable as if the accused person had been guilty of it in India.
Exception: This provision shall not extend to any case in which
the harbour or concealment is by the husband or wife of the offender.
Illustration
A, knowing that B has committed dacoity, knowingly conceals B
in order to screen him from legal punishment. Here, as B is liable to
imprisonment for life, A is liable to imprisonment of either description for
a term not exceeding three years, and is also liable to fine.
CASE LAW
Ingredients of Section 212 Explained. AIR 1999 SC 782.
Of false evidence and offences Public Justice Sec. 212]
The Indian Penal Code, 1860 80
213. Taking gift, etc., to screen an offender from punishment:
Whoever accepts or attempts to obtain, or agrees to accept, any gratification
for himself or any other person, or any restitution of property to himself
or any other person, in consideration of his concealing an offence or of
his screening any person from legal punishment for any offence, or of
his not proceeding against any person for the purpose of bringing him
to legal punishment.
if a capital offence: shall, if the offence is punishable with death,
be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
if punishable with imprisonment for life, or with imprisonment:
and if the offence is punishable with imprisonment for life, or with
imprisonment which may extend to ten years, 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 is punishable with imprisonment not extending to
ten years, shall be punished with imprisonment of the description provided
for the offence for a term which may extend to one-fourth part of the
longest term of the imprisonment provided for the offence, or with fine,
or with both.
214. Offering gift or restoration of property in consideration
of screening offender: Whoever gives or causes, or offers or agrees
to give or cause, any gratification to any person, or restores or causes
the restoration of any property to any person, in consideration of that
persons concealing an offence, or of his screening any person from legal
punishment for any offence, or of his not proceeding against any person
for the purpose of bringing him to legal punishment.
if a capital offence: shall, if the offence is punishable with death,
be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine;
if punishable with imprisonment for life, or with imprisonment:
and if the offence is punishable with imprisonment for life, or with
imprisonment which may extend to ten years, 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 is punishable with imprisonment not extending to
ten years, shall be punished with imprisonment of the description
[Sec. 214
81
provided for the offence for a term which may extend to one-fourth part
of the longest term of imprisonment provided for the offence, or with
fine, or with both.
Exception: The provisions of Sections 213 and 214 do not extend
to any case in which the offence may lawfully be compounded.
CASE LAW
Where there is no evidence to prove that the accused prepared any false
muster rolls or that accused wrote letters instructing his maistry regarding
the manner in which muster rolls are to be prepared, it was held that these
two wide gaps are sufficient to acquit the accused under Section 214. AIR
1981 SC 1735 = 1981 Cr. LJ 1285.
215. Taking gift to help to recover stolen property, etc.:
Whoever takes or agrees or consents to take any gratification under
pretence or on account of helping any person to recover any movable
property of which he shall have been deprived by any offence, punishable
under this Code, shall, unless he uses all means in his power to cause
the offender to be apprehended and convicted of the offence, be punished
with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
216. Harbouring offender who has escaped from custody or
whose apprehension has been ordered: Whenever any person convicted
of or charged with an offence, being in lawful custody for that offence,
escapes from such custody ;
or whenever a public servant, in the exercise of the lawful powers
of such public servant, knowing of such escape or order for apprehension,
harbours or conceals that person with the intention of preventing him from
being apprehended, shall be punished in the manner following that is to
say.
if capital offence: if the offence for which the person was in
custody or is ordered to be apprehended is punishable with death, he
shall be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine;
if punishable with imprisonment for life, or with
imprisonment: if the offence is punishable with imprisonment for
life, or imprisonment for ten years he shall be punished with
Of false evidence and offences Public Justice Sec. 216]
IPC6
The Indian Penal Code, 1860 82
imprisonment of either description for a term which may extend to three
years, with or without fine;
and if the offence is punishable with imprisonment which may extend
to one year and not to ten years, he shall be punished with imprisonment
of the description provided for the offence for a term which may extend
to one-fourth part of the longest term of the imprisonment provided for
such offence, or with fine, or with both.
Offence in this Section includes also any act or omission of which
a person is alleged to have been guilty out of India, which, if he had
been guilty of it in India, would have been punishable as an offence, and
for which he is, under any law relating to extradition, or otherwise, liable
to be apprehended or detained in custody in India, and every such act
or omission shall, for the purposes of this section, be deemed to be
punishable as if the accused person had been guilty of it in India.
Exception: This provision does not extend to the case in which
the harbour or concealment is by the husband or wife of the person to
be apprehended.
216-A. Penalty for harbouring robbers or dacoits: Whoever,
knowing or having reason to believe that any persons are about to commit
or have recently committed robbery or dacoity, harbours them or any
of them, with the intention of facilitating the commission of such robbery
or dacoity or of screening them or any of them from punishment, shall
be punished with rigorous imprisonment for a term which may extend to
seven years, and shall also liable to fine.
Explanation: For the purposes of this Section it is immaterial
whether the robbery or dacoity is intended to be committed, or has been
committed, within or without India.
Exception: This provision does not extend to the case in which
the harbour is by the husband or wife of the offender.
216-B. Definition of harbour in Sections 212, 216 and 216A:
[Repealed by the Indian Penal Code (Amendment) Act, 1942 (8 of
1942)].
217. Public servant disobeying direction of law with intent to
save person from punishment or property from forfeiture:
[Sec. 217
83
Whoever, being a public servant, knowingly disobeys any direction of the
law as to the way in which he is to conduct himself as such public servant,
intending thereby to save, or knowing it to be likely that he will thereby
save, any person from legal punishment, or subject him to a less punishment
than that to which he is liable, or with intent to save, or knowing that
he is likely thereby to save, any property from forfeiture or any charge
to which it is liable by law, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine, or
with both.
218. Public servant framing incorrect record or writing with
intent to save person from punishment or property from forfeiture:
Whoever, being a public servant, and being as such public servant, charged
with the preparation of any record or other writing, frames that record
or writing in a manner which he knows to be incorrect, with intent to
cause, or knowing it to be likely that he will thereby cause, loss or injury
to the public or to any person, or with intent thereby to save, or knowing
it to be likely that he will thereby save, any person from legal punishment,
or with intent to save, or knowing that he is likely thereby to save, any
property from forfeiture or other charge to which it is liable by law, shall
be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
CASE LAW
Section 218 must be treated as an independent and distinct offence,
AIR 1968 SC 19 = 1968 Cr. LJ 86.
219. Public servant in judicial proceeding corruptly making
report, etc., contrary to law: Whoever, being a public servant, corruptly
or maliciously makes or pronounces in any stage of a judicial proceeding,
any 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.
220. Commitment for trial or confinement by person having
authority who knows that he is acting contrary to law: Whoever,
being in any office which gives him legal authority to commit persons
for trial or to confinement, or to keep persons in confinement,
Of false evidence and offences Public Justice Sec. 220]
The Indian Penal Code, 1860 84
corruptly or maliciously commits any person for trial or confinement, or
keeps any person in confinement, in the exercise of that authority, knowing
that in so doing he is acting 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.
221. Intentional omission to apprehend on the part of public
servant bound to apprehend: Whoever, being a public servant, legally
bound as such public servant to apprehend or to keep in confinement
any person charged with or liable to be apprehended for an offence,
intentionally omits to apprehend such person, or intentionally suffers such
person to escape, or intentionally aids such person in escaping or attempting
to escape from such confinement, shall be punished as follows, that is
to say;
with imprisonment of either description for a term which may extend
to seven years, with or without fine, if the person in confinement or who
ought to have been apprehended, was charged with or liable to be
apprehended for, an offence punishable with death; or
with imprisonment of either description for a term which may extend
to three years, with or without fine, if the person in confinement, or who
ought to have been apprehended, was charged with, or liable to be
apprehended for, an offence punishable with imprisonment for life or
imprisonment for a term which may extend to ten years; or
with imprisonment of either description for a term which may extend
to two years, with or without fine, if the person in confinement, or who
ought to have been apprehended, was charged with, or liable to be
apprehended for, an offence punishable with imprisonment for a term less
than ten years.
222. Intentional omission to apprehend on the part of public
servant bound to apprehend person under sentence or lawfully
committed: Whoever, being a public servant, legally bound as such
public servant to apprehend or to keep in confinement any person under
sentence of a Court of Justice for any offence or lawfully committed to
custody, intentionally omits to apprehend such person, or intentionally
suffers such person to escape or intentionally aids such person in escaping
or attempting to escape from such confinement, shall be punished as
follows, that is to say;
[Sec. 222
85
with imprisonment for life or with imprisonment of either description
for a term which may extend to fourteen years, with or without fine, if
the person in confinement, or who ought to have been apprehended, is
under sentence of death ; or
with imprisonment of either description for a term which may extend
to seven years, with or without fine, if the person in confinement or who
ought to have been apprehended, is subject, by a sentence of a Court
of Justice, or by virtue of a commutation of such sentence, to imprisonment
for life or imprisonment for a term of ten years or upwards; or
with imprisonment of either description for a term which may extend
to three years, or with fine, or with both, if the person in confinement,
or who ought to have been apprehended is subject, by a sentence of
a Court of Justice, to imprisonment for a term not extending to ten years
or if the person was lawfully committed to custody.
223. Escape from confinement or custody negligently suffered
by public servant: Whoever, being a public servant legally bound as
such public servant to keep in confinement any person charged with or
convicted of any offence or lawfully committed to custody, negligently
suffers such person to escape from confinement, shall be punished with
simple imprisonment for a term which may extend to two years, or with
fine, or with both.
224. Resistance or obstruction by a person to his lawful
apprehension: Whoever intentionally offers any resistance or illegal
obstruction to the lawful apprehension of himself for any offence with which
he is charged or of which he has been convicted, or escapes or attempts
to escape from any custody in which he is lawfully detained for any such
offence, shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
Explanation: The punishment in this Section is in addition to the
punishment for which the person to be apprehended or detained in custody
was liable for the offence with which he was charged, or of which he
was convicted.
225. Resistance or obstruction to lawful apprehension of
another person: Whoever intentionally offers any resistance or
Of false evidence and offences Public Justice Sec. 225]
The Indian Penal Code, 1860 86
illegal obstruction to the lawful apprehension of any other person for an
offence, or rescues or attempts to rescue any other person from any
custody in which that person is lawfully detained for an offence, shall be
punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both;
or, if the person to be apprehended, or the person rescued or
attempted to be rescued, is charged with or liable to be apprehended
for an offence punishable with imprisonment for life or imprisonment for
a term which may extend to ten years, shall be punished with imprisonment
of either description for a term which may extend to three years, and
shall also be liable to fine;
or, if the person to be apprehended or rescued, or attempted to
be rescued, is charged with or liable to be apprehended for an offence
punishable with death, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also
be liable to fine;
or, if the person to be apprehended or rescued, or attempted to
be rescued, is liable under the sentence of a Court of Justice, or by virtue
of a commutation of such a sentence, to imprisonment for life or
imprisonment, for a term of ten years 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;
or, if the person to be apprehended or rescued, or attempted to
be rescued is under sentence of death, shall be punished with imprisonment
for life or imprisonment of either description for a term not exceeding
ten years, and shall also be liable to fine.
225-A. Omission to apprehend, or sufferance of escape, on part
of public servant, in cases not otherwise provided for: Whoever,
being a public servant, legally bound as such public servant to apprehend,
or to keep in confinement, any person in any case not provided for in
Section 221, Section 222 or Section 223, or in any other law for the
time being in force, omits to apprehend that person or suffers him to
escape from confinement, shall be punished-
(a) if he does so intentionally, with imprisonment of either description
for a term which may extend to three years, or with fine, or with both;
and
(b) if he does so negligently, with simple imprisonment for a term
which may extend to two years, or with fine, or with both.
[Sec. 225A
87
225-B. Resistance or obstruction to lawful apprehension, or
escape or rescue in cases not otherwise provided for: Whoever,
in any case not provided for in Section 224 or Section 225 or in any
other law for the time being in force, intentionally offers any resistance
or illegal obstruction to the lawful apprehension of himself or of any other
person, or escapes or attempts to escape from any custody in which he
is lawfully detained, or rescues or attempts to rescue any other person
from any custody in which that person is lawfully detained, shall be
punished with imprisonment of either description for a term which may
extend to six months, or with fine, or with both.
226. Unlawful return from transportation: [Repealed by the
Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955) w.e.f.
1-1-1956.]
227. Violation of condition of remission of punishment: Whoever,
having accepted any conditional remission of punishment, knowingly violates
any condition on which such remission was granted, shall be punished
with the punishment to which he was originally sentenced, if he has already
suffered no part of that punishment, and if he has suffered any part of
that punishment, then with so much of that punishment as he has not already
suffered.
228. Intentional insult or interruption to public servant sitting
in judicial proceeding: Whoever intentionally offers any insult, or causes
any interruption to any public servant, while such public servant is sitting
in any stage of a judicial proceeding, shall be punished with simple
imprisonment for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both.
CASE LAW
A Commission of Enquiry is not a Court for the purposes of Section
195, Cr. P.C. 1988 (3) Crimes 655.
1
[228-A. Disclosure of identity of the victim of certain offences,
etc.: (1) Whoever prints or publishes the name or any matter which
may make known the identity of any person against whom an offence
1. Inserted by Criminal Law (Amendment) Act, 1983 (Act 43 of 1983).
Of false evidence and offences ... Sec. 228A]
The Indian Penal Code, 1860 88
under Section 376, Section 376-A, Section 376-B, Section 376-C, or
Section 376-D is alleged or found to have been committed (hereafter
in this Section referred to as the victim) shall be punished with imprisonment
of either description for a term which may extend to two years and shall
also be liable to fine.
(2) Nothing in sub-sec. (1) extends to any printing or publication
of the name or any matter which may make known the identity of the
victim if such printing or publication is,
(a) by or under the order in writing of the officer-in-charge of the
police station or the police officer making the investigation into
such offence acting in good faith for the purposes of such
investigation; or
(b) by, or with the authorisation in writing of, the victim ; or
(c) where the victim is dead or minor or of unsound mind, by, or
with the authorisation in writing of, the next of kin of the victim:
Provided that no such authorisation shall be given by the next of
kin to anybody other than the chairman or the secretary, by whatever
name called, of any recognised welfare institution or organisation.
Explanation: For the purposes of this sub-section recognised
welfare institution or organisation means a social welfare institution
or organisation recognised in this behalf by the Central or State Government
.
(3) Whoever prints or publishes any matter in relation to any proceeding
before a Court with respect to an offence referred to in sub-section (1)
without the previous permission of such Court shall be punished with
imprisonment of either description for a term which may extend to two
years and shall also be liable to fine.
Explanation: The printing or publication of the judgment of any
High Court or the Supreme Court does not amount to an offence within
the meaning of this Section.]
CASE LAW
Object explained. 2003 (8) SCC 551. Disclosure of identity of victim
in judgments. AIR 2006 SC 1267.
[Sec. 228A
89
229. Personation of a juror or assessor: Whoever, by personation
or otherwise, shall intentionally cause, or knowingly suffer himself to be
returned, empanelled or sworn as a juryman or assessor in any case in
which he knows that he is not entitled by law to be so returned, empanelled
or sworn, or knowing himself to have been so returned, empanelled or
sworn contrary to law, shall voluntarily serve on such jury or as such
assessor, shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
1
[229A. Failure by person released on bail or bond to appear
in Court: Whoever, having been charged with an offence and released
on bail or on bond without sureties, fails without sufficient cause (the
burden of proving which shall lie upon him), to appear in Court in
accordance with the terms of the bail or bond, shall be punished with
imprisonment of either description for a term which may extend to one
year, or with fine, or with both.
Explanation: The punishment under this section is
(a) in addition to the punishment to which the offender would be
liable on a conviction for the offence with which he has been charged;
and
(b) without prejudice to the power of the Court to order forfeiture
of the bond.]
CHAPTER XII
Of offences relating to Coin and
Government Stamps
230. Coin defined: Coin is metal used for the time being as
money, and stamped and issued by the authority of some State or
Sovereign Power in order to be so used.
Indian coin: Indian coin is metal stamped and issued by the
authority of the Government of India in order to be used as money; and
metal which has been so stamped and issued shall continue to be Indian
coin for the purposes of this Chapter, notwithstanding that it may have
ceased to be used as money.
1. Inserted by Cr.P.C. (Amendment) Act, 2005 (25 of 2005), w.e.f. 23-6-2006.
Of offences relating to Coin and Govt. Stamps Sec. 230]
The Indian Penal Code, 1860 90
Illustrations
(a) Cowries are not coin.
(b) Lumps of unstamped copper, though used as money, are not coin.
(c) Medals are not coin, inasmuch as they are not intended to be
used as money.
(d) The coin denominated as the Companys rupee is Indian coin.
(e) The Farukhabad rupee, which was formerly used as money under
the authority of the Government of India, is Indian coin although it is no
longer so used.
231. Counterfeiting coin: Whoever counterfeits or knowingly
performs any part of the process of counterfeiting coin, shall be punished
with imprisonment of either description for a term which may extend to
sever years, and shall also be liable to fine.
Explanation: A person commits this offence who intending to
practise deception, or knowing it to be likely that deception will thereby
be practised, causes a genuine coin to appear like a different coin.
232. Counterfeiting Indian coin: Whoever counterfeits, or
knowingly performs any part of the process of counterfeiting Indian coin,
shall be punished with 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.
233. Making or selling instrument for counter-feiting coin:
Whoever makes or mends, or performs any part of the process of making
or mending, or buys, sells or disposes of, any die or instrument, for the
purpose of being used, or knowing or having reason to believe that it
is intended to be used, for the purpose of counterfeiting coin, shall be
punished with imprisonment of either description for a term which may
extend to three years, and shall also be liable to fine.
234. Making or selling instrument for counterfeiting Indian
coin: Whoever makes or mends, or performs any part of the process
of making or mending, or buys, sells or disposes of, any die or
instrument, for the purposes of being used, or knowing or having
reason to believe that it is intended to be used, for the purpose of
counterfeiting Indian coin, shall be punished with imprisonment of
[Sec. 234
91
either description for a term which may extend to seven years, and shall
also be liable to fine.
235. Possession of instrument or material for the purpose of
using the same for counterfeiting coin: Whoever is in possession
of any instrument or material, for the purpose of using the same for
counterfeiting coin, or knowing or having reason to believe that the same
is intended to be used for that purpose, shall be punished with imprisonment
of either description for a term which may extend to three years, and
shall also be liable to fine ;
if Indian coin: and if the coin to be counterfeited is Indian coin,
shall be punished with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
236. Abetting in India the counterfeiting out of India of coin:
Whoever, being within India, abets the counterfeiting of coin, out of India,
shall be punished in the same manner as if he abetted the counterfeiting
of such coin within India.
237. Import or export of counterfeit coin: Whoever imports into
India, or exports therefrom, any counterfeit coin, knowing or having reason
to believe that the same is counterfeit, shall be punished with imprisonment
of either description for a term which may extend to three years, and
shall also be liable to fine.
238. Import or export of counterfeits of the Indian coin:
Whoever imports into India, or exports therefrom, any counterfeit coin,
which he knows or has reason to believe to be a counterfeit of Indian
coin, shall be punished with 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.
239. Delivery of coin, possessed with knowledge that it is
counterfeit: Whoever, having any counterfeit coin, which at the time
when he became possessed of it he knew to be counterfeit, fraudulently
or with intent that fraud may be committed, delivers the same to any
person, or attempts to induce any person to receive it, shall be punished
with imprisonment of either description for a term which may extend to
five years, and shall also be liable to fine.
Of offences relating to Coin and Govt. Stamps Sec. 239]
The Indian Penal Code, 1860 92
240. Delivery of Indian coin, possessed with knowledge that
it is counterfeit: Whoever, having any counterfeit coin, which is a
counterfeit of Indian coin, and which at the time when he became
possessed of it, he knew, to be a counterfeit of Indian coin, fraudulently
or with intent that fraud may be committed, delivers the same to any
person, or attempts to induce any person to receive it, shall be punished
with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.
241. Delivery of coin as genuine, which, when first possessed,
the deliverer did not know to be counterfeit: Whoever delivers to
any other person as genuine, or attempts to induce any other person to
receive as genuine, any counterfeit coin which he knows to be counterfeit,
but which he did not know to be counterfeit at the time when he took
it into his possession, shall be punished with imprisonment of either
description for a term which may extend to two years, or with fine to
an amount which may extend to ten times the value of the coin counterfeited,
or with both.
ILLUSTRATION
A, a coiner, delivers counterfeit Companys rupees to his accomplice
B, for the purpose of uttering them. B sells the rupees to C, another utterer,
who buys them knowing them to be counterfeit. C, pays away the rupees
for goods to D, who receives them, not knowing them to be counterfeit.
D, after receiving the rupees, discovers that they are counterfeit and pays
them away as if they were good. Here D is punishable only under this
Section, but B and C are punishable under Section 239 or 240, as the case
may be.
242. Possession of counterfeit coin by person who knew it to
be counterfeit when he became possessed thereof: Whoever,
fraudulently or with intent that fraud may be committed, is in possession
of counterfeit coin, having known at the time when he became possessed
thereof that such coin was counterfeit, shall be punished with imprisonment
of either description for a term which may extend to three years, and
shall also be liable to fine.
243. Possession of Indian coin by person who knew it to be
counterfeit when he became possessed thereof: Whoever,
fraudulently or with intent that fraud may be committed, is in possession
of counterfeit coin, which is a counterfeit of Indian coin, having
[Sec. 243
93
known at the time when he became possessed of it that it was 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.
244. Person employed in mint causing coin to be of different
weight or composition from that fixed by law: Whoever, being
employed in any mint lawfully established in India, does any act, or omits
what he is legally bound to do, with the intention of causing any coin
issued from that mint to be of a different weight or composition from
the weight or composition fixed by law, shall be punished with imprisonment
of either description for a term which may extend to seven years, and
shall also be liable to fine.
245. Unlawfully taking coining instrument from mint: Whoever,
without lawful authority, takes out of any mint, lawfully established in India,
any coining tool or instrument, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall
also be liable to fine.
246. Fraudulently or dishonestly diminishing weight or altering
composition of coin: Whoever fraudulently or dishonestly performs on
any coin any operation which diminishes the weight or alters the composition
of that coin, shall be punished with imprisonment of either description for
a term which may extend to three years, and shall also be liable to fine.
Explanation: A person who scoops out part of the coin and puts
anything else into the cavity alters composition of the coin.
247. Fraudulently or dishonestly diminishing weight or altering
composition of Indian coin: Whoever fraudulently or dishonestly performs
on any Indian coin any operation which diminishes the weight or alters
the composition of that coin, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also
be liable to fine.
248. Altering appearance of coin with intent that it shall pass
as coin of different description: Whoever performs on any coin
any operation which alters the appearance of that coin, with the
intention that the said coin shall pass as a coin of a different
description, shall be punished with imprisonment of either description
Of offences relating to Coin and Govt. Stamps Sec. 248]
The Indian Penal Code, 1860 94
for a term which may extend to three years, and shall also be liable to
fine.
249. Altering appearance of Indian coin with intent that it shall
pass as coin of different description: Whoever performs on any Indian
coin any operation which alter the appearance of that coin, with the
intention that the said coin shall pass as a coin of a different description,
shall be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine.
250. Delivery of coin, possessed with knowledge that it is
altered: Whoever, having coin in his possession with respect to which
the offence defined in Section 246 or 248 has been committed, and having
known at the time when he became possessed of such coin that such
offence had been committed with respect to it, fraudulently or with intent
that fraud may be committed, delivers such coin to any other person,
or attempts to induce any other person to receive the same, shall be
punished with imprisonment of either description for a term which may
extend to five years, and shall also be liable to fine.
251. Delivery of Indian coin, possessed with knowledge that
it is altered: Whoever, having coin in his possession with respect to
which the offence defined in Section 247 or 249 has been committed,
and having known at the time when he became possessed of such coin
that such offence had been committed with respect to it, fraudulently or
with intent that fraud may be committed, delivers such coin to any other
person, or attempts to induce any other person to receive the same, shall
be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
252. Possession of coin by person who, knew it to be altered
when he became possessed thereof: Whoever, fraudulently or with
intent that fraud may be committed, is in possession of coin with respect
to which the offence defined in either of the Section 246 or 248 has
been committed, having known at the time of becoming possessed thereof
that such offence had been committed with respect to such coin, 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. 252
95
253. Possession of Indian coin by person who knew it to be
altered when he became possessed thereof: Whoever, fraudulently
or with intent that fraud may be committed, is in possession of coin with
respect to which the offence defined in either of the Section 247 or 249
has been committed having known at the time of becoming possessed
thereof, that such offence had been committed with respect to such coin,
shall be punished with imprisonment of either description for a term which
may extend to five years, and shall also be liable to fine.
254. Delivery of coin as genuine which, when first possessed,
the deliverer did not know to be altered: Whoever delivers to any
other person as genuine or as a coin of a different description from what
it is, or attempts to induce any person to receive as genuine, or as a
different coin from what it is, any coin in respect of which he knows
that any such operation as that mentioned in Section 246, 247, 248 or
249 has been performed, but in respect of which he did not, at the time
when he took it into his possession, know that such operation had been
performed, shall be punished with imprisonment of either description for
a term which may extend to two years, or with fine to an amount which
may extend to ten times the value of the coin for which the altered coin
is passed, or attempted to be passed.
255. Counterfeiting Government stamp: Whoever counterfeits,
or knowingly performs any part of the process of counterfeiting, any stamp
issued by Government for the purpose of revenue, shall be punished with
imprisonment for life, or with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
Explanation: A person commits this offence who counterfeits by
causing a genuine stamp of one denomination to appear like a genuine
stamp of a different denomination.
256. Having possession of instrument or material for
counterfeiting Government stamp: Whoever has in his possession
any instrument or material for the purpose of being used, or knowing
or having reason to believe that it is intended to be used, for the
purpose of counterfeiting any stamp issued by Government for the
purpose of revenue, shall be punished with imprisonment of either
Of offences relating to Coin and Govt. Stamps Sec. 256]
The Indian Penal Code, 1860 96
description for a term which may extend to seven years, and shall also
be liable to fine.
257. Making or selling instrument for counter-feiting
Government stamp: Whoever makes or performs any part of the
process of making, or buys, or sells, or disposes of, any instrument for
the purpose of being used, or knowing or having reason to believe that
it is intended to be used, for the purpose of counterfeiting any stamp
issued by Government for the purpose of revenue, shall be punished with
imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
258. Sale of counterfeit Government stamp: Whoever sells, or
offers for sale, any stamp which he knows or has reason to believe to
be a counterfeit of any stamp issued by Government for the purpose of
revenue, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine.
259. Having possession of counterfeit Government stamp:
Whoever has in his possession any stamp which he knows to be a
counterfeit of any stamp issued by Government for the purpose of revenue,
intending to use, or dispose of the same as a genuine stamp, or in order
that it may be used as a genuine stamp, shall be punished with imprisonment
of either description for a term which may extend to seven years, and
shall also be liable to fine.
260. Using as genuine a Government stamp known to be
counterfeit: Whoever uses as genuine any stamp, knowing it to be a
counterfeit of any stamp issued by Government for the purpose of revenue,
shall be punished with imprisonment of either description for a term which
may extend to seven years, or with fine, or with both.
261. Effacing writing from substance bearing Government
stamp, or removing from document a stamp used for it, with
intent to cause loss to Government: Whoever, fraudulently or with
intent to cause loss to the Government, removes or effaces from any
substance, bearing any stamp issued by Government for the purpose
of revenue, any writing or document for which such stamp has been
used, or removes from any writing or document a stamp which has
been used for such writing or document, in order that such stamp
[Sec. 261
97
may be used for a different writing or document, shall be punished with
imprisonment of either description for a term which may extend to three
years, or with fine, or with both.
262. Using Government stamp known to have been before
used: Whoever, fraudulently or with intent to cause loss to the Government,
uses for any purpose a stamp issued by Government for the purpose
of revenue, which he knows to have been before used, shall be punished
with imprisonment of either description for a term which may extend to
two years, or with fine or with both.
263. Erasure of mark denoting that stamp has been used:
Whoever, fraudulently or with intent to cause loss to Government, erases
or removes from a stamp issued by Government for the purpose of
revenue, any mark, put or impressed upon such stamp for the purpose
of denoting that the same has been used, or knowingly has in his possession
or sells or disposes of any such stamp from which such mark has been
erased or removed, or sells or disposes of any such stamp which he
knows to have been used, shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine,
or with both.
263-A. Prohibition of fictitious stamps: (1) Whoever,
(a) makes, knowingly utters, deals in or sells any fictitious stamp,
or knowingly uses for any postal purpose any fictitious stamp,
or
(b) has in his possession, without lawful excuse, any fictitious stamp,
or
(c) makes or, without lawful excuse, has in his possession any die,
plate, instrument or materials for making any fictitious stamp,
shall be punished with fine which may extend to two hundred rupees.
(2) Any such stamp, die, plate, instrument or materials in the possession
of any person for making any fictitious stamp may be seized and, if seized,
shall be forfeited.
(3) In this Section fictitious stamp means any stamp falsely
purporting to be issued by Government for the purpose of denoting
Of offences relating to Coin and Govt. Stamps Sec. 263A]
IPC7
The Indian Penal Code, 1860 98
a rate of postage, or any facsimile or imitation or representation, whether
on paper or otherwise, of any stamp issued by Government for that
purpose.
(4) In this Section and also in Sections 255 to 263, both inclusive,
the word Government when used in connection with, or in reference
to, any stamp issued for the purpose of denoting a rate of postage, shall,
notwithstanding anything in Section 17, be deemed to include the person
or persons authorized by law to administer executive Government in any
part of India, and also in any part of Her Majestys dominions or in any
foreign country.
CHAPTER XIII
Of offences relating to Weights and Measures
264. Fraudulent use of false instrument for weighing: Whoever
fraudulently uses any instrument for weighing which he knows to be false,
shall be punished with imprisonment of either description for a term which
may extend to one year, or with fine, or with both.
265. Fraudulent use of false weight or measure: Whoever
fraudulently uses any false weight or false measure of length or capacity,
or fraudulently uses any weight or any measure of length or capacity as
a different weight or measure from what it is, shall be punished with
imprisonment of either description for a term which may extend to one
year, or with fine, or with both.
266. Being in possession of false weight or measure: Whoever
is in possession of any instrument for weighing, or of any weight, or of
any measure of length or capacity, which he knows to be false, intending
that the same may be fraudulently used, shall be punished with imprisonment
of either description for a term which may extend to one year, or with
fine, or with both.
267. Making or selling false weight or measure: Whoever
makes, sells or disposes of any instrument for weighing, or any weight,
or any measure of length or capacity which he knows to be false, in
order that the same may be used as true, or knowing that the same is
likely to be used as true, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or
with both.
[Sec. 267
99
CHAPTER XIV
Of offences affecting the Public Health, Safety,
Convenience, Decency and Morals
268. Public nuisance: A person is guilty of a public nuisance, who
does any act or is guilty of an illegal omission, which causes any common
injury, danger or annoyance to the public or to the people in general who
dwell or occupy property in the vicinity, or which must necessarily cause
injury, obstruction, danger or annoyance to persons who may have occasion
to use any public right.
A common nuisance is not excused on the ground that it causes
some convenience or advantage.
269. Negligent act likely to spread infection of disease dangerous
to life: Whoever unlawfully or negligently does any act which is, and
which he knows or has reason to believe to be, likely to spread the
infection of any disease dangerous to life, shall be punished with imprisonment
of either description for a term which may extend to six months, or with
fine, or with both.
270. Malignant act likely to spread infection of disease dangerous
to life: Whoever malignantly does any act which he knows or has reason
to believe to be, likely to spread the infection of any disease dangerous
to life, shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
271. Disobedience to quarantine rule: Whoever knowingly
disobeys any rule made and promulgated by the Government for putting
any vessel into a state of quarantine, or for regulating the intercourse of
vessels in a state of quarantine with the shore or with other vessels, or
for regulating the intercourse between places where an infectious disease
prevails and other places, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine, or
with both.
272. Adulteration of food or drink intended for sale: Whoever
adulterates any article of food or drink, so as to make such article
noxious as food or drink, intending to sell such article as food or
drink, or knowing it to be likely that the same will be sold as food
or drink, shall be punished with imprisonment of either description
for a term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both.
Of offences affecting the Public Health ... Sec. 272]
The Indian Penal Code, 1860 100
State Amendments
Orissa: In Section 272 for the words "shall be punished with imprisonment
of either description for a term which may extend to six months, or with fine which
may extend to one thousand rupees, or with both", the following shall be substituted,
namely:
"shall be punished with imprisonment for life and shall also be liable to fine:
Provided that the Court may, for adequate and special reasons to be mentioned
in the judgement, impose a sentence of imprisonment which is less than imprisonment
for life." [Vide Orissa Act 3 of 1999, Sec. 2, w.e.f. 27-1-1999].
Uttar Pradesh: In Sections 272, 273, 274, 275 and 276 for the words shall
be punished with imprisonment of either description for a term which may extend
to six months, or with fine which may extend to one thousand rupees, or with both
substitute the following,
shall be punished with imprisonment 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 which is less than imprisonment
for life. [Vide U.P. Act 47 of 1975].
West Bengal: In Sections 272, 273, 274, 275 and 276, for the words of either
description for a term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both substitute the following,
for life with or without fine:
Provided that the Court may, for adequate and special reasons to be mentioned
in the judgment, impose a sentence of imprisonment which is less than imprisonment
for life. [Vide W.B. Act 42 of 1973 w.e.f. 29-4-1973].
273. Sale of noxious food or drink: Whoever sells, or offers
or exposes for sale, as food or drink, any article which has been rendered
or has become noxious, or is in a state unfit for food or drink, knowing
or having reason to believe that the same is noxious as food or drink,
shall be punished with imprisonment of either description for a term which
may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
274. Adulteration of drugs: Whoever adulterates any drug or
medical preparation in such a manner as to lessen the efficacy or change
the operation of such drug or medical preparation, or to make it noxious,
intending that it shall be sold or used for, or knowing it to be likely that
it will be sold or used for, any medicinal purpose, as if it had not undergone
such adulteration, shall be punished with imprisonment of either description
for a term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both.
275. Sale of adulterated drugs: Whoever, knowing any drug
or medical preparation to have been adulterated in such a manner
as to lessen its efficacy, to change its operation or to render it noxious,
[Sec. 275
101
sells the same, or offers or exposes it for sale, or issues it from any
dispensary for medicinal purposes as unadulterated, or causes it to be
used for medicinal purposes by any person not knowing of the adulteration,
shall be punished with imprisonment of either description for a term which
may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
276. Sale of drug as a different drug or preparation: Whoever
knowingly sells, or offers or exposes for sale, or issues from a dispensary
for medicinal purposes, any drug or medical preparation, as a different
drug or medical preparation, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine which
may extend to one thousand rupees, or with both.
277. Fouling water of public spring or reservoir: Whoever
voluntarily corrupts or fouls the water of any public spring or reservoir,
so as to render it less fit for the purpose for which it is ordinarily used,
shall be punished with imprisonment of either description for a term which
may extend to three months, or with fine which may extend to five hundred
rupees, or with both.
278. Making atmosphere noxious to health: Whoever voluntarily
vitiates the atmosphere in any place so as to make it noxious to the health
of persons in general dwelling or carrying on business in the neighbourhood
or passing along a public way, shall be punished with fine which may
extend to five hundred rupees.
279. Rash driving or riding on a public way: Whoever drives
any vehicle, or rides, on any public way in a manner so rash or negligent
as to endanger human life, or to be likely to cause hurt or injury to any
other person, shall be punished with imprisonment of either description
for a term which may extend to six months, or with fine which may extend
to one thousand rupees or with both.
CASE LAW
Rash and negligent driving-Deterrent theory of punishment 2008 (5) SCC
730
280. Rash navigation of vessel: Whoever navigates any vessel
in a manner so rash or negligent as to endanger human life, or to be
likely to cause hurt or injury to any other person, shall be punished with
imprisonment of either description for a term which may extend to six
months, or with fine which may extend to one thousand rupees or with
both.
Of offences affecting the Public Health ... Sec. 280]
The Indian Penal Code, 1860 102
281. Exhibition of false light, mark or buoy:Whoever exhibits
any false light, mark or buoy, intending or knowing it to be likely that
such exhibition will mislead any navigator, shall be punished with imprisonment
of either description for a term, which may extend to seven years, or
with fine, or with both.
282. Conveying person by water for hire in unsafe or overloaded
vessel: Whoever knowingly or negligently conveys, or causes to be
conveyed for hire, any person by water in any vessel, when that vessel
is in such a state or so loaded as to endanger the life of that person,
shall be punished with imprisonment of either description for a term which
may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
283. Danger or obstruction in public way or line of navigation:
Whoever, by doing any act, or by omitting to take order with any property
in his possession or under his charge, causes danger, obstruction or injury
to any person in any public way or public line of navigation, shall be
punished with fine which may extend to two hundred rupees.
284. Negligent conduct with respect to poisonous substance:
Whoever does, with any poisonous substance, any act in a manner so
rash or negligent as to endanger human life, or to be likely to cause hurt
or injury to any person;
or knowingly or negligently omits to take such order with any
poisonous substance in his possession as is sufficient to guard against any
probable danger to human life from such poisonous substance;
shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
285. Negligent conduct with respect to fire or combustible
matter: Whoever does, with fire or any combustible matter, any act
so rashly or negligently as to endanger human life, or to be likely to cause
hurt or injury to any other person;
or knowingly or negligently omits to take such order with any fire
or any combustible matter in his possession as is sufficient to guard against
any probable danger to human life from such fire or combustible matter,
[Sec. 285
103
shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
286. Negligent conduct with respect to explosive substance:
Whoever does, with any explosive substance, any act so rashly or
negligently as to endanger human life, or to be likely to cause hurt or
injury to any other person,
or knowingly or negligently omits to take such order with any
explosive substance in his possession as is sufficient to guard against any
probable danger to human life from that substance.
shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
287. Negligent conduct with respect to machinery: Whoever
does, with any machinery, any act so rashly or negligently as to endanger
human life or to be likely to cause hurt or injury to any other person,
or knowingly or negligently omits to take such order with any
machinery in his possession or under his care as is sufficient to guard
against any probable danger to human life from such machinery,
shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to one
thousand rupees or with both.
288. Negligent conduct with respect to pulling down or repairing
buildings: Whoever, in pulling down or repairing any building, knowingly
or negligently omits to take such order with that building as is sufficient
to guard against any probable danger to human life from the fall of that
building, or of any part thereof, shall be punished with imprisonment of
either description for a term which may extend to six months, or with
fine which may extend to one thousand rupees, or with both.
289. Negligent conduct with respect to animal: Whoever
knowingly or negligently omits to take such order with any animal
in his possession as is sufficient to guard against any probable danger
to human life, or any probable danger of grievous hurt from such
Of offences affecting the Public Health ... Sec. 289]
The Indian Penal Code, 1860 104
animal, shall be punished with imprisonment of either description for a
term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both.
290. Punishment for public nuisance in cases not otherwise
provided for: Whoever commits a public nuisance in any case not
otherwise punishable by this Code, shall be punished with fine which may
extend to two hundred rupees.
291. Continuance of nuisance after injunction to discontinue:
Whoever repeats or continues a public nuisance, having been enjoined
by any public servant who has lawful authority to issue such injunction
not to repeat or continue such nuisance, shall be punished with simple
imprisonment for a term, which may extend to six months, or with fine,
or with both.
1
[292. Sale, etc., of obscene books, etc.:
2
[(1) For the purposes
of sub-section (2), a book, pamphlet, paper, writing, drawing, painting,
representation, figure or any other object, shall be deemed to be obscene
if it is lascivious or appeals to the prurient interest or if its effect, or (where
it comprises two or more distinct items) the effect of any one of its items,
is, if taken as a whole, such as to tend to deprave and corrupt persons
who are likely, having regard to all relevant circumstances, to read, see
or hear the matter contained or embodied in it.]
3
[(2)] Whoever
(a) sells, lets to hire, distributes, publicly exhibits or in any manner
puts into circulation, or for purposes of sale, hire, distribution, public
exhibition or circulation, makes, produces or has in his possession any
obscene book, pamphlet, paper, drawing, painting, representation or figure
or any other obscene object whatsoever, or
(b) imports, exports or conveys any obscene object for any of the
purposes aforesaid, or knowing or having reason to believe that such
object will be sold, let to hire, distributed or publicly exhibited or in any
manner put into circulation, or
1. Substituted by Act 8 of 1925.
2. Inserted by Act 36 of 1969.
3. Sec. 292 was renumbered as sub-sec. (2) of that Section by Ibid.
[Sec. 292
105
(c) takes part in or receives profits from any business in the course
of which he knows or has reason to believe that any such obscene objects
are, for any of the purposes aforesaid, made, produced, purchased, kept,
imported, exported, conveyed, publicly exhibited or in any manner put
into circulation, or
(d) advertises or makes known by any means whatsoever that any
person is engaged or is ready to engage in any act which is an offence
under this Section, or that any such obscene object can be procured from
or through any person, or
(e) offers or attempts to do any act which is an offence under this
Section,
shall be punished
1
[on first conviction with imprisonment of either
description for a term which may extend to two years, and with fine which
may extend to two thousand rupees, and, in the event of a second or
subsequent conviction, with imprisonment of either description for a term
which may extend to five years, and also with fine which may extend
to five thousand rupees.]
1
[Exception: This Section does not extend to:
(a) any book, pamphlet, paper, writing, drawing, painting, representation
or figure:
(i) the publication of which is proved to be justified as being for
the public good on the ground that such book, pamphlet, paper,
writing, drawing, painting, representation or figure is in the
interest of science, literature, art or learning or other objects
of general concern, or
(ii) which is kept or used bona fide for religious purposes ;
(b) any representation sculptured, engraved, painted or otherwise
represented on or in
(i) any ancient monument within the meaning of the Ancient
Monuments and Archaeological Sites and Remains Act, 1958
(24 of 1958), or
(ii) any temple, or on any car used for the conveyance of idols,
or kept or used for any religious purpose.]]
1. Substituted by Act 36 of 1969.
Of offences affecting the Public Health ... Sec. 292]
The Indian Penal Code, 1860 106
CASE LAW
Section 292 deals with obscenity and cannot be said to be invalid by
virtue of Second clause of Article 19 of the Constitution, AIR 1965 SC 881
= 1965 (2) Cr. LJ 8.
State Amendments
Orissa: Amended by Orissa Act 13 of 1962. [Same as that of Tamil Nadu]
Tamil Nadu: In Section 292 for the words shall be punished with imprisonment
of either description for a term which may extend to three months or with fine or
with both substitute the following, namely-
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 for a second or any subsequent offence under this Section,
he shall be punished with imprisonment of either description for a term which shall
not be less than six months and not more than two years and with fine. (Amended
by Tamil Nadu Act 25 of 1960).
Section 292-A,
Orissa: Amended by Orissa Act 13 of 1962 (Same as that of Tamil Nadu
except for the T.N. Amendment Act 13 of 1982)
Tamil Nadu: After Section 292 insert the following new Section, namely-
292-A. Printing etc. of grossly indecent or scurrilous matter or matter
intended for blackmail: Whoever,
(a) prints or causes to be printed in any newspaper, periodical or circular,
or exhibits or causes to be exhibited, to public view or distributes or causes to
be distributed or in any manner puts into circulation and picture or any printed
or written document which is grossly indecent, or is scurrilous or intended for
blackmail, or
(b) sells or lets for hire, or for purposes of sale or hire makes, produces
or has in his possession, any picture or any printed or written document which
is grossly indecent or is scurrilous or intended for blackmail, or
(c) conveys any picture or any printed or written document which is grossly
indecent or is scurrilous or intended for blackmail knowing or having reason to
believe that such picture or document will be printed, sold, let for hire, distributed
or publicly exhibited or in any manner put into circulation, or
(d) takes part in, or receives profits from, any business in the course of
which he knows or has reason to believe that any such newspaper, periodical,
circular, picture or other printed or written document is printed, exhibited, distributed,
circulated, sold, let for hire, made, produced, kept, conveyed or purchased, or
(e) advertises or makes known by any means whatsoever that any person
is engaged or is ready to engage in any act which is an offence under this Section,
[Sec. 292
107
or that any such newspaper, periodical, circular, picture, or other printed or written
document which is grossly indecent or is scurrilous or intended for blackmail, can
be procured from or through any person, or
(f) offers or attempts to do any act which is an offence under this section
1
[shall be punished on first conviction with imprisonment of either description for
a term which may extend to two years, or with fine, or with both and, in the event
of a second or subsequent conviction, with imprisonment of either description for
term which may extend to five years, and also with fine]:
Provided that for a second or any subsequent offence under this section,
he shall be punished with imprisonment of either description for a term which shall
not be less than six months
2
[x x x], and with fine.
Explanation 1: For the purposes of this Section, the word Scurrilous shall
be deemed to include any matter which is likely to be injurious to morality or is
calculated to injure any person:
Provided that it is not scurrilous express in good faith anything whatever
respecting the conduct of-
(i) 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; or
(ii) any person touching any public question, and respecting his character,
so far as his character appears in that conduct and no further.
Explanation II: In deciding whether any person has committed an offence
under this Section, the Court shall have regard, inter alia, to the following
considerations
(a) the general character of the person charged, and where relevant, the
nature of his business ;
(b) the general character and dominant effect of the matter alleged to be
grossly indecent or scurrilous or intended for blackmail;
(c) any evidence offered or called by or on behalf of the accused person
as to his intention in committing any of the acts specified in this Section. Vide
T.N. Act 25 of 1960.
293. Sale, etc., of obscene objects to young person: Whoever
sells, lets to hire, distributes, exhibits or circulates to any person under
the age of twenty years any such obscene object as is referred to
in the last preceding Section, or offers or attempts so to do, shall
be punished
3
[on first conviction with imprisonment of either description
1. Substituted for the words shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or both by Tamil Nadu
Act 13 of 1982, w.e.f. 29-9-1981.
2. The words and not more than two years omitted by Tamil Nadu Act 13 of 1982,
w.e.f. 29-9-1981.
3. Substituted by IPC (Amndt.) Act, 1969, Section 2.
Of offences affecting the Public Health ... Sec. 293]
The Indian Penal Code, 1860 108
for a term which may extend to three years, and with fine which may
extend to two thousand rupees, and, in the event of second or subsequent
conviction, with imprisonment of either description for a term which may
extend to seven years, and also with fine which may extend to five thousand
rupees].
State Amendments
Orissa: Amended by Orissa Act 13 of 1962 [Same as that of Tamil Nadu]
Tamil Nadu: In Section 293:
(a) for the words any such obscene object as is referred to in the last
preceding section substitute the words, figures and letter, any such obscene
object as is referred to in Section 292 or any such newspaper, periodical, circular,
picture or other printed or written document as is referred to in Section 292-A;
(b) for the words which may extend to six months substitute the words
which may extend to three years;
(c) in the marginal note, after the words obscene objects insert the words
any grossly indecent or scurrilous matter or matter intended for blackmail.
294. Obscene act and songs: Whoever, to the annoyance of
others,
(a) does any obscene act in any public place, or
(b) sings, recites or utters any obscene songs, ballad or words, in
or near any public place,
shall be punished with imprisonment of either description for a term
which may extend to three months, or with fine, or with both.
294-A. Keeping lottery office: Whoever keeps any office or place
for the purpose of drawing any lottery not being a State lottery or a
lottery authorised by the State Government, shall be punished with
imprisonment of either description for a term which may extend to six
months, or with fine, or with both.
And whoever publishes any proposal to pay any sum, or to deliver
any goods, or to do or forbear from doing anything for the benefit of
any person, or any event or contingency relative or applicable to the
drawing of any ticket, lot number or figure in any such lottery shall be
punished with fine which may extend to one thousand rupees.
State Amendments
Andhra Pradesh: Amended by A.P. Act 16 of 1968, S. 27. In its application
to Andhra Pradesh, the provisions of Section 294-A are repealed.
[Sec. 294A
109
Gujarat: Section 294-A repealed by Bombay Act 82 of 1958.
Karnataka: Amended by Mysore Act 27 of 1951. Section 294-A are repealed
except Bellary district.
Maharashtra: Amended by Bombay Act 82 of 1958. Section 294-A are
repealed.
Manipur: Amended by Manipur Act 2 of 1992, Section 294-A repealed w.e.f.
6-8-1992.
Uttar Pradesh: Section 294-A, omitted by U.P. Act 24 of 1995.
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 an 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.
CASE LAW
An object may be held sacred by a class of persons without being
worshipped by them. AIR 1958 SC 1032 = 1958 Cr. LJ 1565
295-A. Deliberate and malicious acts, intended to outrage
religious feelings of any class by insulting its religion or religious
beliefs: Whoever, with deliberate and malicious intention of outraging
the religious feelings of any class of citizens of India, 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 three years, or with fine, or with both.
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
Of offences relating to Religion Sec. 297]
The Indian Penal Code, 1860 110
religion of any person, or with the knowledge that the feelings of any
person are likely to be wounded, or that the religion of 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 for 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 person 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 religious
feelings: 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.
CHAPTER XVI
Of offences affecting the Human Body
Of offences affecting Life
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 thereby
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 Zs death, induces B to fire
at the bush, B fires and kills Z. Here B may be guilty of no offence,
but A has committed the offence of culpable homicide.
[Sec. 299
111
(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 a child in the mothers
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.
CASE LAW
Murder Culpable homicide. AIR 2005 SC 1142; AIR 2004 SC 5064.
Sufficient in the ordinary course of nature to cause death. AIR 2004
SC 5047. Section 299 explanation explained. 2007 Cr.LJ 1442 (SC). Ingredients
of Sec. 299, Sec. 300 discussed AIR 2009 SC 87.
300. Murder: Firstly: 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
Secondly: 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
Thirdly: 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,
Fourthly: 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.
Of offences affecting life Sec. 300]
The Indian Penal Code, 1860 112
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 health, here A, although he may intend to cause bodily injury, is not
guilty of murder, if he did 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 Zs death.
(d) A without any excuse fires a loaded cannon 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 1: 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:
Firstly: That the provocation is 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 provocation is 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.
[Sec. 300
113
Illustrations
(a) A, under the influence of passion excited by a provocation given
by Z, intentionally kills Y, Zs child. This is murder, inasmuch 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 is 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 word of As 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 Zs nose. Z, in the exercise of the right of
private defence, lays hold of A to prevent him from 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 Bs rage, and to cause him
to kill Z, puts a knife into Bs hand for that purpose, B kills Z with knife.
Here B may have committed only culpable homicide, but A is guilty of
murder.
Exception 2: 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 powers 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
Of offences affecting life Sec. 300]
IPC8
The Indian Penal Code, 1860 114
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 for 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 Zs youth, he was incapable
of giving consent to his own death; A has therefore abetted murder.
CASE LAW
Where charge is against father for murder of daughters based on
circumstantial evidence and prosecution failed to establish any of circumstances
it had relied on, it was held that conviction is not sustainable, AIR 1996 SC 607.
Where chain of circumstances are established conviction is sustainable, AIR
1996 SC 265. Conviction not to be based on surmises or conjectures, AIR 1997
SC 2193. Intention to kill when can be inferred, AIR 1997 SC 2428. Applicability
of Section 300. 1998 SCC (Cri.) 1344; 1998 SCC (Cri.) 1549; 1999 (4) SCC
486; 1999 (4) Crimes 116 (SC). Culpable homicide not amounting to murder.
AIR 1999 SC 1406. Homicidal death. AIR 1999 SC 1406. Circumstances creating
doubt about honesty of investigation. AIR 2000 SC 776. Proof of murder. See
AIR 2000 SC 776; AIR 2000 SC 908. Appreciation of evidence: AIR 2000 SC
1271; AIR 2000 SC 1066; AIR 2000 SC 1235; AIR 2000 SC 1062; AIR 2000
SC 1002. Sec. 300 and exceptions - Explained. 2001 (9) SCC 135; AIR 2001
SC 2328; AIR 2001 SC 1129; AIR 2001 SC 2944. The mere fact that all
witnesses are relatives of deceased cannot be a reason for false implication of
accused. AIR 2002 SC 50. Likely to cause death Explained. AIR 2002 SC
2961. Nature of knowledge on the part of offender Explained. AIR 2002 SC
[Sec. 300
115
2961. Exception 4 Explained. AIR 2002 SC 1168. Section 300 & Section 304
part II. AIR 2002 SC 2625; 2003 Cr. LJ 2328.
Mutual quarrel. AIR 2006 SC 518. Corroboration by medical evidence.
AIR 2006 SC 1410. Murder and attempt to murder Explained. AIR 2006 SC
2152; AIR 2006 SC 520. Murder by fire arms and common intention Conviction
under Sec. 300 read with Sec. 34. AIR 2006 SC 20. Section 300, 304 and right
of private defence dealt with. AIR 2007 SC 129. Grave and sudden provocation.
AIR 2007 SC 9.
Falsur in uno falsus in omnibus explained. 2007 Cr.LJ 59 (SC). Multiple
dying declarations Appreciation explained. 2007 Cr.LJ 317 (SC). Motive Illicit
relationship. 2007 Cr.LJ 1174 (SC). Accused assaulting with axe on head of
deceased. 2007 Cr.LJ 1819 (SC). Principle of just desert as basis of punishment
explained. 2007 Cr.LJ 1806 (SC). Evidence of last seen Significance explained.
2007 Cr.LJ 2726 (SC). Nineteen injuries in quick succession cannot be due to
grave and sudden provocation. 2007 Cr.LJ 2746 (SC). Proof of custodial death.
AIR 2007 SC 1028. Exception 4 Undue advantage Explained. AIR 2007 SC
3228. Solitry injury Death. AIR 2007 SC 3215. Multiple murders- Rarest of
the rare explained 2008 (4) SCC 434.
Even if conviction is based on circumstantial evidence - death setence can
be awarded. Last seen theory relied on to sustain conviction AIR 2009 SC
677. Illicit intimacy - Murder - Factors dealt with AIR 2009 SC 733. Determination
of culpable homicide - murder AIR 2008 SC 1823, AIR 2008 SC 2878. Grave
and sudden provocation AIR 2008 SC 1. Dying declarations - appreciation
thereof AIR 2008 SC 19, AIR 2008 SC 409. Non explanation of injuries on
the person of accused by prosecution alone may not be sufficient to reject other
credit worthy evidence AIR 2008 SC 411, AIR 2008 SC 92.
Singular circumstance of last seen may not be sufficient to base conviction
AIR 2008 SC 69. Infirmities probabalising defence version - Acquittal proper
AIR 2009 SC 839. Undue advantage explained AIR 2009 SC 331. False
implication - consideration of Factors AIR 2009 SC 275. Multiple murders -
Appreciation of evidence AIR 2008 SC 1661. Evidence of eye witnesses cannot
be discussed on the strength of medical opinion AIR 2008 SC 1747. Gun shot
fired at accused AIR 2008 SC 1823. Sudden fight - appreciation of evidence
AIR 2008 SC 1854, AIR 2008 SC 1973.
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 imprisonment for life, and shall also be liable to fine.
Of offences affecting life Sec. 302]
The Indian Penal Code, 1860 116
CASE LAW
For ambit, scope and appreciation of evidence is an offence of murder. See AIR
1952 SC 159=1952 Cr. LJ 839; AIR 1980 SC 83=1980 (1) SCC 74; AIR 1980 SC
436=1980 Cr. LJ 385; AIR 1980 SC 1166=1980 Cr. LJ 917; AIR 1954 SC 695=1954
Cr. LJ 1746; AIR 1956 SC 116=1956 Cr. LJ 291; AIR 1957 SC 614=1957 Cr. LJ
1000; AIR 1970 SC 326=1970 Cr. LJ 496; AIR 1971 SC 1388=1971 (3) SCC 277;
AIR 1990 SC 1190=1990 Cr. LJ 1183; AIR 1973 SC 947=1973 Cr. LJ 370; AIR 1974
SC 2281=1974 Cr. LJ 1310; AIR 1976 SC 2069=1976 Cr. LJ 1640; AIR 1977 SC
1319=1977 Cr. LJ 829. Murder - Essentials and Ingredients, 1997 (2) ALT (Crl.) 743;
1997(1) ALT (Crl.) 568; 1997(2) ALT (Crl.) 321; 1997(1) ALT (Crl.) 730; 1997(1)
ALT (Crl.) 483; 1997(1) ALT (Crl.) 578; 1997(2) ALT (Crl.) 344; 1997(2) ALT (Crl.)
554. Proof of murder, AIR 1997 SC 2622, AIR 1997 SC 2598, AIR 1997 SC 2457,
AIR 1997 SC 2512, AIR 1997 SC 2583, AIR 1997 SC 2678, AIR 1997 SC 2780,
AIR 1997 SC 2828, AIR 1997 SC 2810, AIR 1997 SC 2835.
Where young wife died due to burn injuries in matrimonial home, conviction
under Sections 302/34 held Justified, 1997 (4) SCC 486. Where accused enjoyed
acquittal for about fourteen years in view of High Court Judgment, death
sentence not to be imposed even if it is merited, 1997 (1) SCC 93. Motive -
Circumstantial evidence - Appreciation thereof, 1997 (7) SCC 712. Circumstantial
evidence not sufficient, 1997 (7) SCC 156. Where there is no evidence to
connect the accused with death of deceased, it cannot be said that the commission
of offence is proved. 1997 (2) ALD (Cri.) 792 (AP). Scope and ambit of -
Explained. 1999 SCC (Cri.) 358; AIR 1999 SC 1773; 1999 SCC (Cri.) 461; AIR
1999 SC 1969; AIR 1999 SC 2005; AIR 1999 SC 883; AIR 1999 SC 782.
Rape and murder. AIR 1999 SC 1699. Dying declaration and murder. 1999
(8) SCC 161; 1999 (2) SCC 126; 1999 (7) SCC 69; 1999 (9) Supreme 29; 1998
(8) SCC 586; 1999 SCC (Cri.) 352; AIR 1999 SC 3062. Appreciation of evidence
of hostile witness. 1999 (8) SCC 624. Section 302 and appreciation of evidence.
See: AIR 2001 SC 164; AIR 2001 SC 288; 2001 (9) SCC 1; AIR 2001 SC 1903;
2001 (9) SCC 86; AIR 2001 SC 282; AIR 2001 SC 2430; AIR 2001 SC 1103;
AIR 2001 SC 2274; AIR 2001 SC 2416; 2001 (6) SCC 205; AIR 2001 SC 537;
AIR 2001 SC 2842; 2001 (6) SCC 118; 2001 (9) SCC 528; 2001 (6) SCC 503.
Accused guilty of rape and murder of three years old girl. Death sentence
altered to life imprisonment. AIR 2002 SC 16. Accused sentenced to death for
an offence of rape and murder of six year child. Though act of accused is
heinous, it cannot be said to be rarest of rare case - Hence sentence of death
modified to imprisonment for life. AIR 2002 SC 70. Contradictions. AIR 2002 SC
2707; 2002 (2) SCC 755; 2002 (7) SCC 152. Uncertain medical evidence. AIR
2002 SC 758. Suppression of material facts. 2002 (9) SCC 408. Circumstantial
evidence. 2003 (1) SCC 21; 2003 (1) SCC 169. Death sentence when not justified.
2003 (1) SCC 506. Dying declaration and death by burning. 2003 (1) SCC 73.
Rarest of rare cases. 2003 (1) SCC 648. Death by poisoning. 2003
(1) SCC 169. Discrepancies and omissions. 2003 Cr. LJ 1717; 2003 Cr. LJ
2025; AIR 2003 SC 3217; AIR 2003 SC 931. Non examination of a witness
[Sec. 302
117
Circumstantial evidence 2004 SCC (Cri.) 109. Death sentence. 2003 Cr.
LJ 3697; 2003 (8) SCC 224; 2003 (1) SCC 648; 2003 CrLJ 872; 2003 (1)
SCC 506; 2004 (1) SCC 113. Tutoring of child witness. 2004 (1) SCC 64.
Benefit of doubt to co-accused that his name does not figure in FIR
The same cannot be applied to accused shown in FIR. AIR 2006 SC 1769.
Appeal against acquittal. 2005 (10) SCC 399; 2005 (11) SCC 271; 2005 (12)
SCC 267; 2005 (9) SCC 94; AIR 2005 SC 97. Heinous offence of rape and
murder of minor girl Not raest of rare cases Death sentence altered
to life imprisonment. AIR 2007 SC 132. Charge of Sec 302 altered to section
304A IPC 2008 (1) SCC 791. Even if conviction is based on circumstantial
evidence - death setence can be awarded. Circumstantial evidence - Sec. 302
and Sec. 498A - Appreciation thereof discussed AIR 2009 SC 378. Rarest
of rare cases - categories specified in Machhi Singh AIR 1983 SC 957 not
inflexible AIR 2008 SC 3040. Sudden Quarrel - Sec 302 or Sec 304 part
I to be attracted discussed AIR 2008 SC 406.
303. Punishment for murder by life convict: Whoever, being under
sentence of imprisonment for life, commits murder, shall be punished with death.
304. Punishment for culpable homicide not amounting to murder:
Whoever commits culpable homicide not amounting to murder, shall be
punished with 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;
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.
CASE LAW
Culpable homicide or murder, AIR 1996 SC 372. For conviction under
Sec 304. see AIR 1955 SC 778=1955 Cr. LJ 1642 ; AIR 1988 SC 2110=1989
Cr. LJ 120. ; AIR 1974 SC 1351=1974 Cr. LJ 612; AIR 1977 SC 1801=1977
Cr. LJ 1448. Accused in intoxication Pouring Kerosene and setting fire to
his wife Soon realising and trying to extinguish Accused attributed
knowledge only. 1997 (2) ALD (Cri.) 460 (AP). Sentence under Section 304
part II. 1998 SCC (Cri.) 399; 1998 SCC (Cri.) 571; AIR 1999 SC 1733;
1997 SCC (Cri.) 841; AIR 1999 SC 2629; AIR 1999 SC 1428. Section 304
part 2 - When attracted. AIR 2000 SC 1374. Sudden Quarrel on trivial issue
and culpable homicide not amounting to murder dealt with AIR 2008 SC 1973.
Ingredients of dowry death discussed 2008 (1) SCC 202.
Sec 304 Part I, II dealt with AIR 2009 SC 712, AIR 2009 SC 754,
AIR 2009 SC 768. Different facets of section 304 IPC explained AIR 2008
SC 316, AIR 2008 SC 216, AIR 2008 SC 1, AIR 2008 SC 3209, AIR 2008
Of offences affecting life Sec. 304]
The Indian Penal Code, 1860 118
SC 3198, AIR 2008 SC 3113, AIR 2008 SC 3136, AIR 2008 SC 3083, AIR
2008 SC 2878, AIR 2008 SC 2064, AIR 2008 SC 2006, AIR 2008 SC 1973,
AIR 2008 SC 1842, AIR 2008 SC 1823, AIR 2008 SC 1229, AIR 2008 SC
1172, AIR 2008 SC 920, AIR 2008 SC 448, AIR 2008 SC 332.
304-A. 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.
CASE LAW
For rash and negligent act see AIR 1965 SC 1616=1965 (2) Cr. LJ
550; AIR 1968 SC 1319=1968 Cr. LJ 150J; AIR 1972 SC 221=1972 Cr.
LJ 49; AIR 1973 SC 2127=1973 Cr. LJ 1393; AIR 1977 SC 892=1977 Cr.
LJ 549. Applicability of provision Explained. AIR 1999 SC 2115. Degree
of negligence. AIR 2005 SC 3180. Contradictory statements of eye witnesses
- acquittal AIR 2009 SC 133. Accused driving the vehicle not established.
Acquittal justified AIR 2009 SC 823.
1
[304-B. Dowry 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 purposes 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.]
CASE LAW
Proof of dowry death Injures on person of deceased not sufficient to have
caused death Procession is not attracted, AIR 1996 SC 67. Applicability of provision
Explained. 1999 SCC (Cri.) 371; 1998 (8) SCC 605. Dowry Explained. AIR
2001 SC 2828. Ingredients of dowry death. See: AIR 2001 SC 2828; 2001 (9) SCC
417; AIR 2001 SC 921; AIR 2001 SC 2124. Accused charged with Sections 498-A and
304B May be convicted under Section 306 IPC. 2003 (1) SCC 217.
Contradictory reports. AIR 2003 SC 2108. In connection with the
demand for dowry explained. AIR 2003 SC 11. Soon before explained.
AIR 2003 SC 2865. Soon before her death explained. AIR 2002 SC 2531.
1. Inserted by Act 43 of 1986, Sec. 10, w.e.f. 19-11-1986.
[Sec. 304B
119
Death of wife by poisoning within seven years of marriage. AIR 2006 SC
680. Dowry death. AIR 2005 SC 785; 2004 (13) SCC 348; 2005 (12) SCC
476; AIR 2005 SC 3501; AIR 2005 SC 4429; 2004 (13) SCC 300.
Demand of money due to financial stringency or to meet domestic
expenses not a demand for dowry. AIR 2007 SC 763. The letters of deceased
relied upon No allegations of harrasment Acquittal recorded. AIR 2007
SC 3146. Expression soon before her death explained AIR 2009 SC 913.
Appreciation of evidence in case of Dowry death dealt with AIR 2008 SC
88, AIR 2008 SC 233, AIR 2008 SC 2377, AIR 2008 SC 2131, AIR 2008
SC 982, AIR 2008 SC 890, AIR 2008 SC 332.
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 imprisonment for life, or imprisonment for a term not exceeding
ten years, and shall also be liable to fine.
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.
CASE LAW
Constituents of Section 302 and Section 306 I.P.C. distinct and different,
1997(5) SCC 348. Offence under Section 306 not a minor offence in relation
to Section 302 within the meaning of Section 222 Cr.P.C. 1999 SCC (Cri.)
371. Quantum of sentence. 1998 (8) SCC 268. Abetment of suicide. AIR
2004 SC 5097; AIR 2005 SC 1531; AIR 2005 SC 3100. Requirement to be
established for abatement of suicide-discussed 2008 (2) SCC 403
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 of 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 if hurt is caused to any person by such act,
the offender shall be liable either to imprisonment for life, or to such
punishment as is hereinbefore mentioned.
Attempts by life convicts: When any person offending under this
section is under sentence of 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.
Of offences affecting life Sec. 307]
The Indian Penal Code, 1860 120
(b) A, with the intention of causing the death of a child of tender years,
exposes it in a desert place. A has committed the offence defined by this
section, though the death of the child does not ensue.
(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 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 As keeping ; A has not yet committed the
offence defined in this Section. A places the food on Zs table or delivers it
to Zs servants to place it on Zs table. A has committed the offence defined
in this section.
CASE LAW
Where injuries were caused by accused on vital parts of body by formidable
weapon, sentence of seven years cannot be reduced; AIR 1996 SC 546. There
can be reduction of sentence where case was pending for about ten years,
AIR 1974 SC 1567=1974 (4) SCC 603. Delayed prosecution can be a ground
for reducing sentence, AIR 1977 SC 1338=1977 Cr. LJ 1007.
Conviction without corroboration - Set aside. 1999 (4) Crimes 191 (SC).
Reduction of sentence. 1998 SCC (Cri.) 560. Sections 307, 34, 302, 149,
148 IPC. 1999 Cr.L.J. 593. Ingredients - Explained. 2003 (10) SCC 434.
Ingredients. AIR 2004 SC 5068. See AIR 2005 SC 2533; 2005 (5) SCC 554;
2005 (7) SCC 408.
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 amounting 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 a term which may extend to
one year, or with fine, or with both.
[Sec. 309
121
CASE LAW
Punishment for an attempt to commit suicide is not violative of Article
14 of the Constitution, AIR 1996 SC 946.
Where accused tried to bite a cyanide capsule while police had tried
to take him into custody, it was held that attempt to commit suicide was
proved, 1997 (1) SCC 682.
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 a thug, shall be punished with
imprisonment for life, and shall also be liable to fine.
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 womans 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 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.
CASE LAW
Offence not compoundable AIR 2008 SC 388.
314. Death caused by act done with intent to cause miscarriage:
Whoever, with intent to cause the miscarriage of a woman with child,
does any act which causes the death of such woman, shall be punished
with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine;
Of offences affecting life Sec. 314]
The Indian Penal Code, 1860 122
if act done without womans consent: and if the act is done
without the consent of the woman, shall be punished either with 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.
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 act 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, or 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 not intended to prevent the trial of
the offender for murder or culpable homicide, as the case may be, if
the child dies in consequence of the exposure.
[Sec. 317
123
318. Concealment of birth by secret disposal of dead body:
Whoever, by secretly burying or otherwise disposing of the dead body
of a child whether such child dies before or after 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.
Of hurt
319. Hurt: Whoever causes bodily pain, desease or infirmity to
any person is said to cause hurt.
320. Grievous hurt: The following kinds of hurt only are designated
as grievous.
Firstly: 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.
CASE LAW
Complainant may be in hospital for more than 20 days but if there is
no evidence of severe physical pain, offence is simple hurt, 1988 Cr. LJ
524.
Clauses to be construed strictly. AIR 2005 SC 710.
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 he intends to cause or knows himself
Of hurt Sec. 322]
The Indian Penal Code, 1860 124
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
Zs face, gives Z a blow which does not permanently disfigure Zs face,
but which causes 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.
CASE LAW
Simple hurt Explained. AIR 2006 SC 518.
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 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
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.
CASE LAW
A hurt in order to amount to grevious hurt must come under any of
the clauses of Section 320 I.P.C. else the hurt will be simple, AIR 1970 SC
1969 = 1970 (I) SCC 8.
[Sec. 324
125
Meaning of Any instrument which used as a weapon of offence is
likely to cause death. AIR 2005 SC 2382.
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 to inhale, to swallow, or to receive into
the blood, or by means of any animal, shall be punished with 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.
CASE LAW
For voluntarily causing grievous hurt, See AIR 1972 SC 1221 = 1972
Cr. LJ 756 ; 1988 (3) Crimes 741 ; 1991 Cr. LJ 220 ; 1991 Cr. LJ 48.
Where law declares an offence to be non compoundable even with the
permission of the Court, it cannot be compounded. AIR 1999 SC 895.
Sections 326 and 302 IPC. 1999 Cr.L.J. 2901. Sections 326, 325 and
34 I.P.C. 1998 SCC (Cri.) 894. Ingredients. AIR 2005 SC 710; 2004 (13)
SCC 375; AIR 2005 SC 368.
Dangerous weapon explained AIR 2009 SC 745.
327. Voluntarily causing hurt to extort property, or to constrain
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.
Of hurt Sec. 327]
The Indian Penal Code, 1860 126
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 to such person, or with
intent to commit or to facilitate the commission of an offence or knowing
it 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 imprisonment for life, or imprisonment of either description
for a term which may extend to ten years, and shall also be liable to
fine.
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 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 seven years, and 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 is 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.
[Sec. 330
127
(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.
CASE LAW
For discharging official duty, See 1989 Cr. LJ 2257.
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.
CASE LAW
Ingredients to be satisfied to constitute an offence under Sec. 333 I.P.C.,
1991 Cr. LJ 166.
Of hurt Sec. 333]
The Indian Penal Code, 1860 128
334. Voluntarily causing hurt on provocation: Whoever voluntarily
causes hurt on grave and sudden provocation, if he 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
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 Exception 1, Section 300.
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 a 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
a term which may extend to six months, or with fine which may extend
to five hundred rupees, or with both.
CASE LAW
For causing hurt by rash and negligent act, See 1972 MLJ (Cri) 435;
1977 Cr. LJ 403 ; 1991 Cr. LJ 814.
338. Causing grievous hurt by act endangering life or personal
safety of others: Whoever causes grievous 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 a term which may extend to two years, or with fine which may extend
to one thousand rupees, or with both.
[Sec. 338
129
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 a 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 a 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.
CASE LAW
Right of cosharer to enjoy property - proper remedy under Civil Law
AIR 2008 SC 178.
340. Wrongful confinement: Whoever wrongfully restrains any
person in such a manner as to prevent that person from proceeding 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. Z is
thus prevented from proceeding in any direction beyond the circumscribing
line of wall. A wrongfully confines Z.
(b) A places men with fire arms 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.
CASE LAW
For wrongful restraint, See 1957 Cr. LJ 769 ; 1954 Cr. LJ 283 ; 1988
Cr. LJ 1299 ; 1989 Cr. LJ 684.
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.
Of wrongful restraint & wrongful confinement Sec. 342]
IPC9
The Indian Penal Code, 1860 130
CASE LAW
For wrongful confinement, See AIR 1972 SC 886 = 1972 MLJ (Cri)
565 ; 1978 Cr. LJ 864, 1977 Cr. LJ 1725.
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 may 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 an 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 for the purpose
of extorting from the person confined, or from 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.
[Sec. 347
131
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 lead
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.
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 others
body, or with anything which that other is wearing or carrying, or with
anything so situated that such contact affects that others 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,
Firstly: 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.
CASE LAW
For force, criminal force, See 1968 Cr. LJ 1304 ; 1984 MLJ (Cri) 350;
1969 Cr. LJ 469 ; 1987 Cr. LJ 950.
350. Criminal force: Whoever intentionally uses force to any
person, without that persons consent, in order to the committing of any
offence, or intending by the use of such force to cause, or knowing
Of Criminal Force and Assault Sec. 350]
The Indian Penal Code, 1860 132
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 action
on any persons part. A has, therefore, intentionally used force to Z; and
if he has done so without Zs consent, in order to the committing of any
offence, or intending or knowing it 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 riding in a chariot. A lashes Zs horses, and thereby causes
them to quicken their pace. Here A 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 Zs 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 cessation of motion to Z, and
he has done this by his own bodily power. A has, therefore, used force
to Z; and as A has acted thus intentionally, without Zs 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 Zs 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 into contact with Z, or with Zs clothes or with
something carried by Z, or that it will strike water and dash up the water
against Zs clothes or something carried by Z. Here, if the throwing of
the stone produces the effect of causing any substance to come into contact
with Z, or Zs clothes, A has used force to Z, and if he did so without
Zs consent, intending thereby to injure, frighten or annoy Z, he has used
criminal force to Z.
(f) A intentionally pulls up a womans veil. Here, A intentionally uses
force to her, and if he does so without her consent, intending or knowing
[Sec. 350
133
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 other
water so situated that such contact must affect Zs sense of feeling. A
has, therefore, intentionally used force to Z; and if he has done this without
Zs 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 Zs 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 an 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
Of Criminal Force and Assault Sec. 352]
The Indian Penal Code, 1860 134
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 rupees, 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.
State Amendment
Andhra Pradesh: The following section shall be subs. namely,-
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
shall not be less than five years but which may extend to seven years 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 which may be less than five years, but which shall
not be less than two years. Vide A.P. Act 6 of 1991.
Madhya Pradesh: After Section 354, the following new section shall
be inserted, namely:
[Sec. 354
135
"354A. Assault or use of Criminal force to woman with intent to disrobe
herWhoever assaults or uses criminal force to any woman or abets or
conspires to assault or uses such criminal force to any woman intending
to outrage or knowing it to be likely that by such assault, he will thereby
outrage or causes to be outraged the modesty of the woman by disrobing
or compel her to be naked on any public place, shall be punished with
imprisonment of either description for a term which shall not be less than
one year but which may extend to ten years and shall also be liable to fine".
[Vide Madhya Pradesh Act 14 of 2004, Sec. 3, w.e.f. 2-12-2004].
Orissa: In the First Schedule to the Code of Criminal Procedure, 1973
in the entry under column 5 relating to Section 354 of the Indian Penal Code
1860 for the word 'bailable' the word 'non-bailable' shall be substituted. [Vide
Orissa Act 6 of 1995, Sec. 3, w.e.f. 10-3-1995].
CASE LAW
Outraging modesty of lady I.A.S. Officer. Allegations against top police
officer quashing FIR illegal, AIR 1996 SC 309. Section 354 & Section 3
(1) (XI) of SC ST Prevention of Atrocities Act. 2004 (1) SCC 215. Ingredients
2004 (1) SCC 215. Outraging modesty of woman. AIR 2005 SC 3104;
2005 (12) SCC 485; AIR 2005 SC 643.
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 of either description for a term which
may extend to two years, or with fine, or with both.
State Amendment
Andhra Pradesh: The offence is non-cognizable bailable and triable
by any Magistrate, vide A.P. Act No. 3 of 1992, w.e.f. 15-2-1992.
356. Assault or criminal force in attempt to commit theft of
property carried by a person: Whoever assaults or uses criminal force
to any person, in attempting to commit theft of 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, or 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
Of Criminal Force and Assault Sec. 358]
The Indian Penal Code, 1860 136
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.
Of kidnapping, abduction, slavery and
forced labour
359. Kidnapping: Kidnapping is of two kinds: kindnapping from
1
[India], and kidnapping from lawful guardianship
360. Kidnapping from India: Whoever conveys any person beyond
the limits of India without the consent of that person, or of some person
legally authorised to consent on behalf of that person, is said to kidnap
that person from
1
[India].
361. Kidnapping from lawful guardianship: Whoever takes or
entices any minor under
2
[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 or 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 the lawful custody
of such child, unless such act is committed for an immoral or unlawful
purpose.
State Amendment
Manipur: In Section 361 substitute the word fifteen for the word eighteen
by Act 80 of 1950, w.e.f. 25-1-1972.
CASE LAW
For offence of kidnapping, See 1969 Cr. LJ 585; 1988 (3) Crimes 78;
AIR 1965 SC 942; AIR 1979 SC 1276; 1988 Cr. LJ 1606. Takes or entices
1. Subs. by the A.O. 1950 and Act 3 of 1951 for the words British India.
2. Substituted by Act 42 of 1949.
[Sec. 361
137
any minor out of the keeping of the lawful guardian of such minor explained.
2004 (1) SCC 339.
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.
State Amendment
Uttar Pradesh: An offence under Section 363, of Indian Penal Code, (45 of
1860) is non-bailable, (vide U.P. Act 1 of 1984).
CASE LAW
Meaning of Lawful guardian. 2005 (9) SCC 426.
2
[363-A. 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 purposes 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 may 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 a minor,
employs or uses such minor for the purposes 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.
1. Substituted by the A.O. 1950 and Act 3 of 1951 for the words British India.
2. Inserted by Act 52 of 1959, w.e.f. 15-1-1960.
Of Kidnapping, Abduction, Slavery ... Sec. 363A]
The Indian Penal Code, 1860 138
(ii) entering on any private premises for the purpose of soliciting
or receiving alms ;
(iii) exposing or exhibiting, with the object of obtaining or extorting
alms, any sore, wound, injury, deformity or disease, whether
of himself or of any 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.]
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 form 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.
2
[364-A. Kidnapping for ransom, etc.: Whoever kidnaps or
abducts any person or keeps a person in detention after 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 to death or hurt, or causes hurt or death to such
person in order to compel the Government or
3
[any foreign State or
International inter-governmental organisation or any other person] to
do or abstain from doing any act or to pay a ransom, shall be
1. Substituted for the words transportation for life by Act 26 of 1955, w.e.f. 1-1-1956.
2. Inserted by Act 42 of 1993, w.e.f. 22-5-1993.
3. Substituted for the words any other person by Act 24 of 1995, w.e.f. 26-5-1995.
[Sec. 364A
139
punishable with death, or imprisonment for life, and shall also be liable
to fine.]
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 that she will be, forced
or seduced to illicit intercourse with another person shall also be punishable
as aforesaid.]
1
[366-A. 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, force 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.
CASE LAW
Age of the girl Determination thereof. 2003 (1) SCC 605. Age of
girl prosecutions failure to establish age. 2003 (1) SCC 605.
Ingredients. 2005 (9) SCC 426.
366-B. Importation of girl from foreign country: Whoever
imports into
2
[India] from any country outside India
3
[or from the
1. Added by Act 20 of 1923.
2. Subs. for British India by the A.O. 1948, A.O. 1950 and Act 3 of 1951.
3. Inserted by Act 3 of 1951.
Of Kidnapping, Abduction, Slavery ... Sec. 366B]
The Indian Penal Code, 1860 140
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,
shall be punishable with imprisonment which may extend to ten years,
and shall also be liable to fine.]
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 subjected to grievous hurt, or slavery,
or to the 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 had 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 a slave: Whoever
imports, exports, removes, buys, sells or disposes of any person as a
slave, or accepts, receives or detains against his will any person as a
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 slaves: Whoever habitually imports,
exports, removes, buys, sells, traffics or deals in slaves, shall be
[Sec. 371
141
punished with
1
[imprisonment for life], or with imprisonment of either
description for a term not exceeding ten years, and shall also be liable
to fine.
372. Selling minor for purposes of prostitution, etc.: Whoever
sells, lets to hire, or otherwise disposes of any
2
[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 also be liable to fine.
3
[Explanation I: When a female under the age of eighteen years
is sold, let for hire, or otherwise, disposed of to a prostitute or to any
person who keeps or manages a brothel, the person 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 recognized by the personal law or custom of the community to which
they belong or, where they belong to different communities, or both such
communities, as constituting between them a quasi-marital relation.]
373. Buying minor for purposes of prostitution, etc.: Whoever
buys, hires or otherwise obtains possession of any
2
[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 also be liable to
fine.
1. Subs. for the words transportation for life by Act 26 of 1955, w.e.f. 1-1-1956.
2. Subs. by Act 18 of 1924.
3. Inserted by Ibid.
Of Kidnapping, Abduction, Slavery ... Sec. 373]
The Indian Penal Code, 1860 142
1
[Explanation I: Any prostitute or any person keeping or managing
a brothel, who buys, hires or otherwise obtain 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.
Explanation II: Illicit intercourse has the same meaning as
in Section 372.]
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 fine, or with both.
2
[Sexual Offences]
3
[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:
Firstly: 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.
1. Inserted by Act 18 of 1924.
2. Subs. for the heading of rape by Act 43 of 1983, w.e.f. 25-12-1983.
3. Subs. by Ibid.
[Sec. 375
143
Explanation: Penetration is sufficient to constitute the sexual
intercourse necessary to the offence of rape.
Exception: Sexual intercourse by a man with his own wife, the
wife not being under fifteen years of age, is not rape.]
State Amendment
Manipur: In Section 375
(a) in clause Fifthly, the word fourteenshall be substituted for the word
sixteen and
(b) in the Exception, substitute the word thirteen for the word fifteen.
Act 30 of 1950 w.e.f. 16-4-1950.
CASE LAW
Proof of murder and rape. AIR 2000 SC 177. Children - Sexual abuse.
1999 (6) SCC 591. Meaning of rape. 2003 (8) SCC 551. Meaning of rape.
2003 (8) SCC 551. Meaning of rape. AIR 2005 SC 682; AIR 2005 SC 2846.
Offence of rape-probation 2008 (1) SCC 234
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 case, 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.
(2) 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
1. Subs. by Act 43 of 1983, w.e.f. 25-12-1983.
Sexual Offences Sec. 376]
The Indian Penal Code, 1860 144
(iii) on a woman in 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 in his 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 womens or childrens 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 on a woman 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 year.
Explanation 1: When 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: Womens or childrens institution means an
institution, whether called an orphanage or 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.
[Sec. 376
145
CASE LAW
In the case of Commission of heinous crime of committing rape on
a helpless young girl; sentence enhanced to 7 years R.1, from 4 years R.1.
AIR 1996 SC 530. For consent in rape cases see AIR 1977 SC 1307; 1991
Cr. LJ 2009, AIR 1979 SC 185. Interim compensation can be awarded by
the Court while trying the rape cases. AIR 1996 SC 922. Minor contradictions
and insignificant discrepancies may not of much consequence in the matter
of proof of rape, 1997 (1) SCC 272. Spiritual teacher committing rape on
three girls at different times - Discharge on the ground that accused was
saintly old man - Held not proper, 1997 (4) SCC 393. Proof of abduction
and rape. 1998 SCC (Cri.) 1343. Effect of absence of injuries on private
parts. 1998 (8) SCC 635. Secs. 376 and 302. 1999 (6) Scale 606. Sec.
376 and Extra Judicial confession. 1999 (7) SCC 714. Effect of absence
of spermatozoa. 1999 (9) Supreme 155. Quantum of sentence in rape cases.
1999 (5) Scale 598; 1998 (8) SCC 629; 1997 SCC (Cri.) 1074.
Rape and murder See: 2001 (9) SCC 615; AIR 2001 SC 2043; 2001 (2)
SCC 28; AIR 2001 SC 1113; AIR 2001 SC 2488. Evidence of two child witnesses
in a case of rape and murder Reliable. AIR 2002 SC 16. Child rape appreciation.
AIR 2002 SC 2235. Gang rape. AIR 2002 SC 476. Relevancy of past conduct
of prosecutrix. AIR 2003 SC 2136. Adequate and special reasons. 2003 (8) SCC
551. Section 376, a crime against basic human rights. 2004 (1) SCC 421; Delay.
2004 (1) SCC 421. Sentence below prescribed minimum contrary to law. AIR
2006 SC 763. Determination of age of prosecutrix. AIR 2006 SC 508. Rape on
minor Consent a mitigating circumstance. AIR 2006 SC 1746.
Name of victim not to be indicated in an offence of rape. AIR 2006
SC 2214. Mere delay in lodging FIR necessarily need not be fatal to the
case of prosecution. AIR 2007 SC 155. Rape of girl of ten years Accused
about eighteen years illiterate and rustic These are not special reasons to
reduce sentence below prescribed minimum. AIR 2007 SC 3225.
Circumstantial evidence - Rape and murder - appreciation thereof discussed
AIR 2009 SC 963. Outraging modesty - Rape Factors discussed AIR 2009
SC 351. Prosecutrix more than 16 years-consent cannot be presumed AIR
2009 SC 711. Normally false implication improbable-victim child of 6 years
AIR 2008 SC 72. Victim less than 16 years AIR 2008 SC 288. Victim below
12 years AIR 2008 SC 1292. Love affair - Reduction of sentence in case
of rape discussed AIR 2009 SC 391. Delay in lodging FIR in case of sexual
assault cannot be equated with other cases AIR 2009 SC 1010.
1
[376-A. Intercourse by a man with his wife during separation:
Whoever has sexual intercourse with his own wife, who is living separately
from him under a decree of separation or under any custom or usage without
Sexual Offences Sec. 376A]
IPC10
1. Sections 376A to 376D. Subs. by Act 43 of 1983, w.e.f. 25-12-1983.
The Indian Penal Code, 1860 146
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.
376-B. Intercourse by public servant with woman in 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 be liable to fine.
376-C. 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 womens or childrens 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 a jail, remand
home or other place of custody or a womens or childrens institution
includes 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 womens or childrens institution
shall have the same meaning as in Explanation 2 to sub-section (2) of
Section 376.
376-D. 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 a 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]
Of unnatural offences
377. Unnatural offences: Whoever voluntarily has carnal
intercourse against the order of nature with any man, woman or
[Sec. 377
147
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.
Explanation: Penetration is sufficient to constitute the carnal
intercourse necessary to the offence described in this section.
CHAPTER XVII
Of offences against Property
Of theft
378. Theft: Whoever, intending to take dishonestly any movable
property out of the possession of any person without that persons consent,
moves that property in order to such taking, is said to commit theft.
Explanation 1: A thing so long as it is attached to the earth, not
being movable property, is not the subject of theft ; but it becomes capable
of being the subject of theft as soon as it is severed from the earth.
Explanation 2: A moving effected by the same act which effects
the severance may be a theft.
Explanation 3: A person is said to cause a thing to move by
removing an obstacle which prevented it from moving or by separating
it from any other thing, as well as by actually moving it.
Explanation 4: A person, who by any means causes an animal
to move, is said to move that animal, and to move everything which,
in consequence of the motion so caused, is moved by that animal.
Explanation 5: The consent mentioned in the definition may be
express or implied, and may be given either by the person in possession,
or by any person having for that purpose authority either express or
implied.
Illustration
(a) A cuts down a tree on Zs ground, with the intention of dishonestly
taking the tree out of Zs possession without Zs consent. Here, as soon
as A has severed the tree in order to such taking, he has committed theft.
1. Subs. for the words transportation for life by Act 26 of 1955, w.e.f. 1-1-1956.
Of theft Sec. 378]
The Indian Penal Code, 1860 148
(b) A puts a bait for dogs in his pocket, and thus induces Zs dog
to follow it. Here, if As intention be dishonestly to take the dog out of
Zs possession without Zs consent, A has committed theft as soon as Zs
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 Zs servant, and entrusted by Z with the care of Zs
plate, dishonestly runs away with the plate, without Zs consent. A has
committed theft.
(e) Z, going on a journey, entrusts his plate to A, the keeper of a
warehouse, till Z shall return. A carries the plate to a goldsmith and sells
it. Here the plate was not in Zs possession, It could not therefore be taken
out of Zs possession, and A has not committed theft, though he may have
committed criminal breach of trust.
(f) A finds a ring belonging to Z on a table in the house which Z
occupies. Here the ring is in Zs possession, and if A dishonestly removes
it, A commits theft.
(g) A finds a ring lying on the high road, 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 Zs 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 jeweller, to be regulated, Z carries
it to his shop. A, not owing to the jeweller any debt for which the jeweller
might lawfully detain the watch as a security, enters the shop openly, takes
his watch by force out of Zs hand, and carries it away. Here A, though
he may have committed criminal trespass and assault, has not committed
theft, inasmuch as what he did was not done dishonestly.
(j) If A owes money to Z for repairing the watch, and if Z retains
the watch lawfully as a security for the debt, and A takes the watch out
of Zs possession, with the intention of depriving Z of the property as a
security for his debt, he commits theft, inasmuch as he takes it dishonestly.
[Sec. 378
149
(k) Again, if A, having pawned his watch to Z, takes it out of Zs
possession without Zs consent, not having paid what he borrowed on the
watch, he commits theft, though the watch is his own property inasmuch
as he takes it dishonestly.
(l) A takes an article belonging to Z out of Zs possession, without
Zs 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 Zs library in Zs
absence, and takes away a book without Zs 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 Zs implied consent to use Zs
book. If this was As impression, A has not committed theft.
(n) A asks charity from Zs 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 Zs wife is authorized to give away alms. If this was
As impression, A has not committed theft.
(o) A is the paramour of Zs 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 As own
property, takes that property out of Bs possession. Here, as A does not
take dishonestly he does not commit theft.
379. Punishment for theft: Whoever commits theft shall be punished
with imprisonment of either description for a term which may extend to
three years, or with fine, or with both.
CASE LAW
For theft, See AIR 1957 SC 369 = 1957 Cr. LJ 552 ; 1982 Cr. LJ
309; 1977 Cr. LJ 1055; 1988 Cr. LJ 1579,
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.
Of theft Sec. 380]
The Indian Penal Code, 1860 150
State Amendment
Tamil Nadu: Renumber the Sec. 380 as sub-sec. (1), and Add the following
after sub-sec. (1) so renumbered, 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. [Added by T.N. Act No. 28 of 1993]
381. Theft by clerk or servant of property in possession of
master: Whoever, being a clerk or servant, or being employed in the
capacity of a clerk or servant, commits theft in respect of any property
in the possession of his master or employer, shall be punished with
imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
382. Theft after preparation made for causing death, hurt or
restraint in order to the committing of the theft: Whoever commits
theft, having made preparation for causing death, or hurt, or restraint, or
fear of death, or of hurt, or of restraint, to any person, in order to the
committing of such theft, or in order to the effecting of his escape after
the committing of such theft, or in order to the retaining of property taken
by such theft, shall be punished with rigorous imprisonment for a term
which may extend to ten years, and shall also be liable to fine.
Illustrations
(a) A commits theft of property in Zs 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 Zs pocket, having posted several of his companions near
him, in order that they may restrain Z, if Z should perceive what is passing
and should resist, or should attempt to apprehend A. A has committed the
offence defined in this section.
Of Extortion
383. Extortion: Whoever intentionally puts any person in fear
of any injury to that person, or to any other, and thereby dishonestly
[Sec. 383
151
induces the person so put in fear to deliver to any person, any property
or valuable security or anything signed or sealed which may be converted
into a valuable security, commits extortion.
Illustrations
(a) A threatens to publish a defamatory libel concerning Z unless Z
gives him money. He thus induces Z to give him money. A has committed
extortion.
(b) A threatens Z that he will keep Zs child in wrongful confinement,
unless Z will sign and deliver to A 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 clubmen to plough up Zs field unless Z will
sign and deliver to B a bond binding Z under a penalty to deliver certain
produce to B, and thereby induces Z to sign and deliver the bond. A has
committed extortion.
(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z
to sign or affix his seal to a blank paper and deliver it to A. Z 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.
CASE LAW
Distinction between extortion and theft explained. 2007 Cr.LJ 1440 (SC).
385. Putting person in fear of injury in order to commit
extortion: Whoever, in order to the committing of extortion, puts any
person in fear, or attempts to put any person in fear, of any injury, shall
be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
386. Extortion by putting a person in fear of death or grievous
hurt: Whoever commits extortion by putting any person in fear of death
or of grievous hurt to that person or to any other, shall be punished with
imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
387. Putting person in fear of death or of grievous hurt, in
order to commit extortion: Whoever, in order to the committing
of extortion, puts or attempts to put any person in fear of death or
of grievous hurt to that person or to any other, shall be punished
Of Extortion Sec. 387]
The Indian Penal Code, 1860 152
with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.
388. Extortion by threat of accusation of an offence punishable
with death or imprisonment for life, etc.: Whoever commits extortion
by putting any person in fear of an accusation against that person or any
other, of having committed or attempted to commit any offence punishable
with death or with
1
[imprisonment for life], or with imprisonment for a
term which may extend to ten years, or of having attempted to induce
any other person to commit such offence, shall be punished with imprisonment
of either description for a term which may extend to ten years, and shall
also be liable to fine; and, if the offence be one punishable under Section
377 of this Code, may be punished with imprisonment for life.
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 punishable with death or with
1
[imprisonment for life], or with
imprisonment for a term which may extend to ten years, shall be punished
with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine, and, if the offence be punishable
under Section 377 of this Code, may be punished with imprisonment for
life.
Of Robbery and Dacoity
390. Robbery: In all robbery there is either theft or extortion.
When theft is robbery: Theft is robbery if, in order to the
committing of the theft, or in committing the theft, or in carrying away
or attempting to carry away property obtained by the theft, the offender,
for that end, voluntarily causes or attempts to cause to any person death
or hurt or wrongful restraint, or fear of instant death or of instant hurt,
or of instant wrongful restraint.
When extortion is robbery: Extortion is robbery if the
offender, at the time of committing the extortion, is in the presence
of the person put in fear, and commits the extortion by putting that
1. Subs. for the words transportation for life by Act 26 of 1955, w.e.f. 1-1-1956.
[Sec. 390
153
person in fear of instant death, or 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, or instant hurt, or
of instant wrongful restraint.
Illustrations
(a) A holds Z down, and fraudulently takes Zs money and jewels
from Zs clothes, without Zs consent. Here, A has committed theft, and,
in order to the committing of that theft, has voluntarily caused wrongful
restraint to Z. A has therefore committed robbery.
(b) A meets Z on the high-road, shows a pistol, and demands Zs
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 Zs 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 more persons conjointly commit or
attempt to commit a robbery, or where the whole number of persons
conjointly committing or attempting to commit a robbery, and persons
present and aiding such commission or attempt, amount to five or more
every person so committing, attempting or aiding, is said to commit
dacoity.
392. Punishment for robbery: Whoever commits robbery shall
be punished with rigorous imprisonment for a term which may extend to
ten years, and shall also be liable to fine; and, if the robbery be committed
on the highway between sunset and sunrise, the imprisonment may be
extended to fourteen years.
Of Robbery and Dacoity Sec. 392]
The Indian Penal Code, 1860 154
393. Attempt to commit robbery: Whoever attempts to commit
robbery shall be punished with rigorous imprisonment for a term which
may extend to seven years, and shall also be liable to fine.
394. Voluntarily causing hurt in committing robbery: If any
person, in committing or in attempting to commit robbery, voluntarily causes
hurt, such person, and any other person jointly concerned in committing
or attempting to commit such robbery, shall be punished with
1
[imprisonment
for life], or with rigorous imprisonment for a term which may extend to
ten years, and shall also be liable to fine.
395. Punishment for dacoity: Whoever commits dacoity shall be
punished with
1
[imprisonment for life], or with rigorous imprisonment for
a term which may extend to ten years, and shall also be liable to fine.
CASE LAW
For dacoity, See 1981 Cr. LJ 196; 1979 (3) SCC 272; 1989 (2) Crimes
438; 1990 Cr. LJ 497; 1991 Cr. LJ 1258.
Credibility of evidence of recovery. AIR 2006 SC 204.
Dark night Dacoity Identification Diffuculty explained. 2007 Cr.LJ
1783 (SC).
396. Dacoity with murder: If any one of five or more persons,
who are conjointly committing dacoity, commits murder in so committing
dacoity, every one of those persons shall be punished with death, or
1
[imprisonment for life], or rigorous imprisonment for a term which may
extend to ten years, and shall also be liable to fine.
CASE LAW
One of the dacoits committing murder - Other dacoits liable under Section
396 though they have not participated in murder, 1997 (4) SCC 445. For
proof of dacoity, See AIR 1997 SC 2186.
Rarest of rare case - Explained. 1999 (1) Scale 440. Non-examination
of material witness. Accused entitled for acquittal. AIR 2000 SC 1209. Benefit
of doubt when can be given. AIR 2000 SC 1059.
Circumstantial evidence. 2003 (1) SCC 259.
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
1. Subs. for the words transportation for life by Act 26 of 1955, w.e.f. 1-1-1956.
[Sec. 397
155
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.
CASE LAW
Robbery with deadly weapon in temple. AIR 2007 SC 3234.
398. Attempt to commit robbery or dacoity when armed with
deadly weapon: If, at the time of attempting to commit robbery or
dacoity, the offender is armed with any deadly weapon, the imprisonment
with which such offender shall be punished shall not be less than seven
years.
CASE LAW
Where accused was named both in FIR and statement of prosecution
witness, mere omission in dying declaration is of no consequence, AIR 1996
SC 546.
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.
CASE LAW
Sections 399 and 402. AIR 1999 SC 1707.
400. Punishment for belonging to gang of dacoits: Whoever,
at any time after the passing of this Act, shall belong to a gang of persons
associated for the purpose of habitually committing dacoity, shall be
punished with
1
[imprisonment for life], or with rigorous imprisonment for
a term which may extend to ten years, and shall also be liable to fine.
401. Punishment for belonging to gang of thieves: Whoever,
at any time after the passing of this Act, shall belong to any wandering
or other gang of persons associated for the purpose of habitually committing
theft or robbery, and not being a gang of thugs or dacoits, shall be punished
with rigorous imprisonment for a term which may extend to seven years,
and shall also be liable to fine.
402. Assembling for purpose of committing dacoity: Whoever,
at any time after the passing of this Act, shall be one of five or
more persons assembled for the purpose of committing dacoity, shall
1. Subs. for the words transportation for life by Act 26 of 1955, w.e.f. 1-1-1956.
Of Robbery and Dacoity Sec. 402]
The Indian Penal Code, 1860 156
be punished with rigorous imprisonment for a term which may extend to
seven years, and shall also be liable to fine.
Of Criminal misappropriation of Property
403. Dishonest misappropriation of property: Whoever
dishonestly misappropriates or converts to his own use any movable
property, shall be punished with imprisonment of either description for
a term which may extend to two years, or with fine, or with both.
Illustrations
(a) A takes property belonging to Z out of Zs possession in good
faith, believing, at the time when he takes it, that the property belongs to
himself. A is not guilty of theft; but if A, after discovering his mistake,
dishonestly appropriates the property to his own use, he is guilty of an
offence under this section.
(b) A, being on friendly terms with Z, goes into Zs library in Zs
absence and takes away a book without Zs express consent. Here, if A
was under the impression that he had Zs 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 Bs possession, intending to use it. Here, as A has a right to use the
horse, he does not dishonestly misappropriate it. But, if A sells the horse
and appropriates the whole proceeds to his own use, he is guilty of an
offence under this Section.
Explanation 1: A dishonest misappropriation for a time only is
a misappropriation within 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 it for, or of restoring it to, the owner, does not take or
[Sec. 403
157
misappropriate it dishonestly, and is not guilty of an offence ; but he is
guilty of the offence above defined, if he appropriates it to his own use,
when he knows or has the means of discovering the owner, or before
he has used reasonable means to discover and give notice to the owner
and has kept the property a reasonable time to enable the owner to claim
it.
What are reasonable means or what is a reasonable time in such
a case, in a question of fact.
It is not necessary that the finder should know who is the owner
of the property, or that any particular person is the owner of it; it is
sufficient if, at the time of appropriating it, he does not believe it to be
his own property, or in good faith believes that the real owner cannot
be found.
Illustrations
(a) A finds a rupee on the high-road, not knowing to whom the rupee
belongs. A picks up the rupee. Here A has not committed the offence defined
in this section.
(b) A finds a letter on the road, containing a bank note. From the
direction and contents of the letter he learns to whom the note belongs.
He appropriates the note. He is guilty of an offence under this Section.
(c) A finds a cheque payable to bearer. He can form no conjecture
as to the person who has lost the cheque. But the name of the person,
who has drawn the cheque, appears. A knows that this person can direct
him to the person in whose favour the cheque was drawn. A appropriates
the cheque without attempting to discover the owner. He is guilty of an
offence under this Section.
(d) A sees Z drop his purse with money in it. A picks up the purse
with the intention of restoring it to Z, but afterwards appropriates it to his
own use. A has committed an offence under this Section.
(e) A finds a purse with money, not knowing to whom it belongs;
he afterwards discovers that it belongs to Z, and appropriates it to his own
use. A is guilty of an offence under this Section.
(f) A finds a valuable ring, not knowing to whom it belongs. A sells
it immediately without attempting to discover the owner. A is guilty of an
offence under this Section.
Of Criminal Misappropriation of Property Sec. 403]
The Indian Penal Code, 1860 158
CASE LAW
The owner of the property in whichever way he uses his property and
with whatever intention will not be liable for misappropriation and that would
be so even if he is not the exclusive owner thereof, AIR 1965 SC 1433
= 1965 (2) Cr.LJ 431.
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
persons 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 personss
decease was employed by him as a clerk or servant, the imprisonment
may extend to seven years.
Illustration
Z dies in possession of furniture and money. His servant A, before
the money comes into the possession of any person entitled to such
possession, dishonestly misappropriates it. A has committed the offence
defined in this Section.
Of Criminal breach of trust
405. Criminal breach of trust: Whoever, being in any manner
entrusted with property, or with any dominion over property, dishonestly
misappropriates or converts to his own use that property, or dishonestly
uses or disposes of that property in violation of any direction of law
prescribing the mode in which such trust is to be discharged, or of any
legal contract, express or implied, which he has made touching the
discharge of such trust, or wilfully suffers any other person so to do,
commits Criminal breach of trust.
1
[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)
1. Inserted by Act 40 of 1973, w.e.f. 1-11-1973.
2. Renumbered as Explanation No. 1 by Act 38 of 1975, w.e.f. 1-9-1975.
3. Added by Act 33 of 1988, w.e.f. 1-8-1988.
[Sec. 405
159
or not] who deducts the employees 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 for the contribution so deducted
by him and if he makes default in the payment of such contribution to
the said Fund in violation of the said law, shall be deemed to have
dishonestly used the amount of the said contribution in violation of a
direction of law as aforesaid.]
1
[Explanation 2: A person, being an employer, who deducts the
employees contribution from the wages payable to the employee for credit
to the Employees State Insurance Fund held and administered by the
Employees State Insurance Corporation established under the Employees
State Insurance Act, 1948 (34 of 1948), shall be deemed to have been
entrusted with the amount of the contribution so deducted by him and
if he makes default in the payment of such contribution to the said Fund
in violation of the said Act, shall be deemed to have dishonestly used
the amount of the said contribution in violation of a direction of law as
aforesaid.]
Illustrations
(a) A, being executor to the will of a deceased person, dishonestly
disobeys the law which directs him to divide the effects according to the
will, and appropriates them to his own use. A has committed criminal breach
of trust.
(b) A is a warehouse-keeper, Z, going on a journey, entrusts his
furniture to A, under a contract that it shall be returned on payment of
a stipulated sum for warehouse-room. A dishonestly sells the goods. A has
committed criminal breach of trust.
(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 Zs direction. Z remits
a lakh of rupees to A, with directions to A to invest the same in Companys
paper. A dishonestly disobeys the directions and employs the money in his
own business. A has committed criminal breach of trust.
(d) But if A, in the last illustration, not dishonestly but in good faith,
believing that it will be more for Zs advantage to hold shares in the Bank
1. Inserted by Act 38 of 1975, w.e.f. 1-9-1975.
Of Criminal Breach of Trust Sec. 405]
The Indian Penal Code, 1860 160
of Bengal, disobeys Zs directions, and buys shares in the Bank of Bengal,
for Z, instead of buying Companys 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.
CASE LAW
For criminal breach of trust, See AIR 1965 SC 1319 ; AIR 1962 SC
1821 ; AIR 1985 SC 628. Where Stridhana Properties were entrusted to
husband and there was misappropriation and conversion, it will amount to
Criminal Breach of Trust, 1997 (2) SCC 397. Ingredients of Sections 405
and 406 - Explained. AIR 2001 SC 2960. Ingredients of criminal breach of
trust. 2002 Cr.L.J. 548. When entrustment is proved prosecution need not
prove misappropriation. AIR 2006 SC 2211. Ingredients of Criminal breach
of trust discussed 2008 (5) SCC 662. Ingredients of Criminal breach of trust
explained 2008 (2) SCC 561
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.
CASE LAW
Criminal breach of trust. Partner entrusted with property by virtue of
a special contract and misappropriation by him will amount to criminal breach
of trust, AIR 1996 SC 204. Ingredients of Criminal breach of trust. 2003
(3) SCC 641; 2003 (7) SCC 399; 2003 (10) SCC 521; 2004 (2) SCC 9.
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.
[Sec. 407
161
408. Criminal breach of trust by clerk or servant: Whoever,
being a clerk or servant or employed as a clerk or servant, and being
in any manner entrusted in such capacity with property, or with any
dominion over property, commits criminal breach of trust in respect of
that property, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable
to fine.
409. Criminal breach of trust by public servant, or by banker,
merchant or agent: Whoever, being in any manner entrusted with
property, or with any dominion over property in his capacity of a public
servant or in the way of his business as a banker, merchant, factor, broker,
attorney or agent, commits criminal breach of trust in respect of that
property, shall be punished with
1
[imprisonment for life], or with imprisonment
of either description for a term which may extend to ten years, and shall
also be liable to fine.
CASE LAW
The word property is wide enough to include a chose in action. AIR
1980 SC 439 = 1980 Cr.LJ 388. Meaning of expressions entrusted with
property and with any domain over property. AIR 1999 SC 2979. Ingredients
of breach of trust. AIR 1999 SC 1301.
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 criminal breach
of trust has been committed, is designated 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.]
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
1. Subs. transportation for life by Act 26 of 1955, w.e.f. 1-1-1956.
2. Inserted by Act 8 of 1882.
3. Subs. for the words British India by Act 3 of 1951.
Of the receiving of stolen property Sec. 411]
IPC11
The Indian Penal Code, 1860 162
with imprisonment of either description for a term which may extend to
three years, or with fine, or with both.
State Amendment
Tamil Nadu: Add the following sub-section (2) after sub-section (1) as so
re-numbered, 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 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 T.N. Act No. 28 of 1993]
CASE LAW
In order to bring home the guilt of a person under Section 411, it is
the duty of the prosecution to prove: (1) that the stolen property was in
the possession of the accused., (2) that some person other than the accused
had possession of the property before the accused got possession of it and,
(3) that the accused had knowledge that the property was stolen property,
AIR 1954 SC 39 = 1954 Cr. LJ 335.
412. Dishonestly receiving property stolen in the commission
of a dacoity: Whoever dishonestly receives or retains any stolen property,
the possession whereof he knows or has reason to believe to have been
transferred by the commission of dacoity, or dishonestly receives from
a person, whom he knows or has reason to believe to belong or to have
belonged to a gang of dacoits, property which he knows or has reason
to believe to have been stolen, shall be punished with
1
[imprisonment for
life], or with rigorous imprisonment for a term which may extend to ten
years, and shall also be liable to fine.
CASE LAW
Police Officer and witnesses at the time of recovery not examined
Evidence of I.O., who verified records not sufficient, 1997 (4) SCC 445.
413. Habitually dealing in stolen property: Whoever habitually
receives or deals in property which he knows or has reason to believe
1. Subs. for the words transportation for life by Act 26 of 1955, w.e.f. 1-1-1956.
[Sec. 413
163
to be stolen property, shall be punished with
1
[imprisonment for life], or
with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.
414. Assisting in concealment of stolen property: Whoever
voluntarily assists in concealing or disposing of or making away with
property which he knows or has reason to believe to be stolen property,
shall be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.
Of Cheating
415. Cheating: Whoever, by deceiving any person, fraudulently
or dishonestly induces the person so deceived to deliver any property,
to any person, or to consent that any person shall retain any property,
or intentionally induces the person so deceived to do or omit to do anything
which he would not do or omit if he were not so deceived, and which
act or omission causes or is likely to cause damage or harm to that person
in body, mind, reputation or property, is said to cheat.
Explanation: A dishonest concealment of facts is a deception
within the meaning of this section.
Illustrations
(a) A, by falsely pretending to be in the Civil Service, intentionally
deceives Z, and thus dishonestly induces Z to let him have on credit goods
for which he does not mean to pay. A cheats.
(b) A, by putting a counterfeit mark on an article, intentionally deceives
Z into a belief that this article was made by a certain celebrated manufacturer,
and thus dishonestly induces Z to buy and pay for the article. A cheats.
(c) A, by exhibiting to Z a false sample of an article, intentionally
deceives Z into believing that the article corresponds with the sample, and
thereby dishonestly induces Z to buy and pay for the article. A cheats.
(d) A, by tendering in payment for an article a bill on a house with
which A keeps no money, and by which A expects that the bill will be
dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to
deliver the article, intending not to pay for it. A cheats.
Of Cheating Sec. 415]
The Indian Penal Code, 1860 164
(e) A, by pledging as diamonds articles which he knows are not
diamonds, intentionally deceives Z, and thereby dishonestly induces Z to
lend money. A cheats.
(f) A intentionally deceives Z into a belief that A means to repay
any money that Z may lend him and thereby dishonestly induces Z to lend
him money, A not intending to repay it. A cheats.
(g) A intentionally deceives Z into a belief that A means to deliver
to Z a certain quantity of indigo plant which he does not intend to deliver,
and thereby dishonestly induces Z to advance money upon the faith of such
delivery, A cheats; but if A, at the time of obtaining the money, intends
to deliver the indigo plant, and afterwards breaks his contract and does
not deliver it, he does not cheat, but is liable only to a civil action for
breach of contract.
(h) A intentionally deceives Z into a belief that A has performed As
part of a contract made with Z, which he has not performed, and thereby
dishonestly induces Z to pay money. A cheats.
(i) A sells and conveys an estate to B. A, knowing that in consequence
of such sale he has no right to the property, sells or mortgages the same
to Z, without disclosing the fact of the previous sale and conveyance to
B, and receives the purchase or mortgage money from Z. A cheats.
CASE LAW
Ingredients of cheating. 2003(3) SCC 641; 2003 (5) SCC 257; 2004
(2) SCC 731.
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 other than he or such other person really is.
Explanation: The offence is committed whether the individual
personated is a real or imaginary person.
Illustrations
(a) A cheats by pretending to be a certain rich banker of the same
name. A cheats by personation.
(b) A cheats by pretending to be B, a person who is deceased. A
cheats by personation.
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.
[Sec. 417
165
418. Cheating with knowledge that wrongful loss may ensue to
person whose interest offender is bound to protect: Whoever cheats
with the knowledge that he is likely thereby to cause wrongful loss to a
person whose interest in the transaction to which the cheating relates, he
was bound, either by law, or by a legal contract, to protect, shall be
punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.
419. Punishment for cheating by personation: Whoever cheats
by personation shall be punished with imprisonment of either description for
a term which may extend to three years, or with fine, or with both.
420. Cheating and dishonestly inducing delivery of property:
Whoever cheats and thereby dishonestly induces the person deceived to
deliver any property to any person, or to make, alter or destroy the whole
or any part of a valuable security, or anything which is signed or sealed, and
which is capable of being converted into a valuable security, shall be punished
with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.
CASE LAW
Accused would not be guilty of cheating in the absence of false
representation and dishonest concealment of facts either in the prospectus
or in the conduct of promoters, calculated to deceive the public and thereby
induce it to contribute money to the scheme; AIR 1971 SC 1620 = 1971
Cr. LJ 1184. To hold a person guilty of the offence of cheating it has to
be shown that his intention was dishonest at the time of making promise.
AIR 1973 SC 326 = 1972 (3) SCC 661. Proof of cheating. AIR 1999 SC
1216; AIR 1999 SC 2332. Intention to be in existence when inducement was
made. AIR 2001 SC 2960.
Where the accused induced complainant to part with the money as part
payment of sale of land not owned by him and issued bogus receipt, the
intention being dishonest it would amount to cheating. AIR 2007 SC 1741.
Proof of Criminal breach of trust and cheating discussed AIR 2008 SC
2793. Allegations of cheating forgery against Bank offices-exoneration in
departmental inquiry - discussed AIR 2008 SC 368. Issuance of post dated
cheques - subsequent closure of account - Sec. 420 IPC not attracted AIR
2008 SC 3086. Intention to cheat is an essential ingredient AIR 2008 SC 251.
Of Fraudulent Deeds and Dispositions of Property
421. Dishonest or fraudulent removal or concealment of
property to prevent distribution among creditors: Whoever
dishonestly or fraudulently removes, conceals or delivers to any
person, or transfers or causes to be transferred to any person, without
adequate consideration, any property, intending thereby to prevent,
Of Cheating Sec. 421]
The Indian Penal Code, 1860 166
or knowing it to be likely that he will thereby prevent, the distribution
of that property according to law among his creditors or the creditors
of any other person, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
422. Dishonestly or fraudulently preventing debt being available
for creditors: Whoever dishonestly or fraudulently prevents any debt
or demand due to himself or to any other person from being made available
according to law for payment of his debts or the debts of such other
person, shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
423. Dishonest or fraudulent execution of deed of transfer
containing false statement of consideration: Whoever dishonestly or
fraudulently signs, executes or becomes a party to any deed or instrument
which purports to transfer or subject to any charge any property, or any
interest therein, and which contains any false statement relating to the
consideration for such transfer or charge, or relating to the person or
persons for whose use or benefit it is really intended to operate, shall
be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
424. Dishonest or fraudulent removal or concealment of
property: Whoever dishonestly or fraudulently conceals or removes any
property of himself or any other person, or dishonestly or fraudulently
assists in the concealment or removal thereof, or dishonestly releases any
demand or claim to which he is entitled, shall be punished with imprisonment
of either description for a term which may extend to two years, or with
fine, or with both.
Of Mischief
425. Mischief: Whoever, with intent to cause, or knowing that
he is likely to cause, wrongful loss or damage to the public or to any
person, causes the destruction of any property, or any such change in
any property or in the situation thereof as destroys or diminishes its value
or utility, or affects it injuriously, commits mischief.
[Sec. 425
167
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 underwriters. A has
committed mischief.
(f) A causes a ship to be cast away, intending thereby to cause damage
to Z who has lent money on bottomry on the ship. A has committed mischief.
(g) A, having joint property with Z in a horse, shoots the horse, intending
thereby to cause wrongful loss to Z. A has committed mischief.
(h) A causes cattle to enter upon a field belonging to Z, intending
to cause and knowing that he is likely to cause damage to Zs crop. A
has committed mischief.
CASE LAW
For mischief see AIR 1972 SC 665 = 1972 Cr. LJ 482.
Of Mischief Sec. 425]
The Indian Penal Code, 1860 168
426. Punishment for mischief: Whoever commits mischief shall
be punished with imprisonment of either description for a term which may
extend to three months, or with fine, or with both.
427. Mischief causing damage to the amount of fifty rupees:
Whoever commits mischief and thereby causes loss or damage to the
amount of fifty rupees or upwards, shall be punished with imprisonment
of either description for a term which may extend to two years, or with
fine, or with both.
428. Mischief by killing or maiming animal of the value of ten
rupees: Whoever commits mischief by killing, poisoning, maiming or
rendering useless, any animal or animals of the value of ten rupees or
upwards, shall be punished with imprisonment of either description for
a term which may extend to two years, or with fine, or with both.
429. Mischief by killing or maiming cattle, etc., of any value
or any animal of the value of fifty rupees: Whoever commits mischief
by killing, poisoning, maiming or rendering useless, any elephant, camel,
horse, mule buffalo, bull, cow or ox, whatever may be the value thereof,
or any other animal of the value of fifty rupees or upwards, shall be
punished with imprisonment of either description for a term which may
extend to five years, or with fine, or with both.
430. Mischief by injury to works of irrigation or by wrongfully
diverting water: Whoever commits mischief by doing any act which
causes, or which he knows to be likely to cause, a diminution of the
supply of water for agricultural purposes, or for food or drink for human
beings or for animals which are property, or for cleanliness or for carrying
on any manufacture, shall be punished with imprisonment of either description
for a term which may extend to five years, or with fine, or with both.
431. Mischief by injury to public road, bridge, river or channel:
Whoever commits mischief by doing any act which renders or which he
knows to be likely to render any public road, bridge, navigable river or
navigable channel, natural or artificial, impassable or less safe for travelling
or conveying property, shall be punished with imprisonment of either
description for a term which may extend to five years, or with fine, or
with both.
[Sec. 431
169
432. Mischief by causing inundation or obstruction to public
drainage attended with damage: Whoever commits mischief by doing
any act which causes or which he knows to be likely to cause an inundation
or an obstruction to any public drainage attended with injury or damage,
shall be punished with imprisonment of either description for a term which
may extend to five years, or with fine, or with both.
433. Mischief by destroying, moving or rendering less useful
a light-house or sea-mark: Whoever commits mischief by destroying
or moving any light-house or other light used as a sea-mark,or any sea-
mark or buoy or other thing placed as a guide for navigators, or by any
act which renders any such light-house, sea-mark, buoy or other such
thing as aforesaid less useful as a guide for navigators, shall be punished
with imprisonment of either description for a term which may extend to
seven years, or with fine, or with both.
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 landmark less useful as such, shall be punished with
imprisonment of either description for a term which may extend to one
year, or with fine, or with both.
435. Mischief by fire or explosive substance with intent to
cause damage to amount of one hundred or (in case of agricultural
produce) ten rupees: Whoever commits mischief by fire or any explosive
substance, intending to cause, or knowing it to be likely that he will thereby
cause, damage to any property to the amount of one hundred rupees
or upwards
1
[or (where the property is agricultural produce) ten rupees
or upwards], shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable
to fine.
436. Mischief by fire or explosive substance with intent to
destroy house, etc.: Whoever commits mischief by fire or any
explosive substance, intending to cause, or knowing it to be likely
that he will thereby cause, the destruction of any building which is
ordinarily used as a place of worship or as a human dwelling or as
1. Inserted by Act 8 of 1862.
Of Mischief Sec. 436]
The Indian Penal Code, 1860 170
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.
CASE LAW
A person who set fire to the hut must be one of the persons who
were members of the unlawful assembly and he must have done so in
consequence of the order of the appellant. AIR 1958 SC 813 = 1958 Cr.
LJ 1352.
437. Mischief with intent to destroy or make unsafe a decked
vessel or one of twenty tons burden: Whoever commits mischief to
any decked vessel or any vessel of a burden of twenty tons or upwards,
intending to destroy or render unsafe, or knowing it to be likely that he
will thereby destroy or render unsafe, that vessel, shall be punished with
imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.
438. Punishment for the mischief described in Section 437
committed by fire or explosive substance: Whoever commits, or
attempts to commit, by fire or any explosive substance, such mischief as
is described in the last preceding section, shall be punished with
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.
439. Punishment for intentionally running vessel aground or
ashore with intent to commit theft, etc.: Whoever intentionally runs
any vessel aground or ashore, intending to commit theft of any property
contained therein or to dishonestly misappropriate any such property, or
with intent that such theft or misappropriation of property may be committed,
shall be punished with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
440. Mischief committed after preparation made for causing
death or hurt: Whoever commits mischief, having made preparation
for causing to any person death, or hurt, or wrongful restraint, or
fear of death, or of hurt, or of wrongful restraint, shall be punished
1. Subs. for the words transportation for life by Act 26 of 1955, w.e.f. 1-1-1956.
[Sec. 440
171
with imprisonment of either description for a term which may extend to
five years, and shall also be liable to fine.
Of criminal trespass
441. Criminal trespass: Whoever enters into or upon property
in the possession of another with intent to commit an offence or to
intimidate, insult or annoy any person in possession of such property,
or, having lawfully entered into or upon such property, unlawfully
remains there with intent thereby to intimidate, insult or annoy any such
person, or with intent to commit an offence, is said to commit criminal
trespass.
State Amendment
Orissa: Same as in Uttar Pradesh except for the words Whether before or
after the coming into force of the Criminal Laws (U.P. Amendment) Act, 1961 read
remains there; and omit the words by the date specified in the notice, Orissa
Act 22 of 1986 (w.e.f. 6-12-1986)
Uttar Pradesh: The following sub-section shall be substituted for Section
441 of the I.P.C, 1860:
441. Criminal Trespass: Whoever enters into or upon property in 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 therewith intent thereby to 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 Laws (U.P. Amendment) Act, 1961, with the
intention of taking unauthorised possession or making unauthorised use of such
property fails to withdraw from such property, or its possession or use, when called
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. (U.P. Act 31 of 1961).
CASE LAW
For criminal trespass see AIR 1964 SC 986 = 1964 (2) Cr. LJ 57 ;
AIR 1970 SC 20 = 1970 Cr. LJ 4 ; AIR 1983 SC 159 = 1983 Cr. LJ 173.
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.
Of criminal trespass Sec. 442]
The Indian Penal Code, 1860 172
Explanation: The introduction of any part of the criminal trespassers
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. House-breaking: A person is said to commit house-breaking
who commits house-trespass if he effects his entrance into the house or
any part of it in any of the six ways hereinafter described; or if, being
in the house or any part of it for the purpose of committing an offence,
or having committed an offence therein, he quits the house or any part
of it in any of such six ways, that is to say-
Firstly: If he enters or quits through a passage made 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.
[Sec. 445
173
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
Zs house, and putting his hand through the aperture. This is house-breaking.
(b) A commits house-trespass by creeping into a ship at a port-hole
between decks. This is house-breaking.
(c) A commits house-trespass by entering Zs house through a window.
This is house-breaking.
(d) A commits house-trespass by entering Zs house through the door,
having opened a door which was fastened. This is house-breaking.
(e) A commits house-trespass by entering Zs 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 Zs house door, which Z had lost, and commits
house-trespass by entering Zs 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 Ys doorway. A commits
house-trespass by entering the house, having deterred Z from opposing him
by threatening to beat him. This is house-breaking.
446. House-breaking by night: Whoever commits house-breaking
after sunset and before sunrise, is said to commit house-breaking by
night.
447. Punishment for criminal trespass: Whoever commits criminal
trespass shall be punished with imprisonment of either description for a
term which may extend to three months, or with fine which may extend
to five hundred rupees, or with both.
448. Punishment for house-trespass: Whoever commits house-
trespass shall be punished with imprisonment of either description for a
term which may extend to one year, or with fine which may extend to
one thousand rupees, or with both.
Of criminal trespass Sec. 448]
The Indian Penal Code, 1860 174
CASE LAW
Ingredients. 2004 (1) SCC 215. Unlawful entry. 2004 (1) SCC 215.
449. House-trespass in order to commit offence punishable with
death: Whoever commits house-trespass in order to the committing of
any offence punishable with death, shall be punished with
1
[imprisonment
for life], or with rigorous imprisonment for a term not exceeding ten years,
and shall also be liable to fine.
450. House-trespass in order to commit offence punishable with
imprisonment for life: Whoever commits house-trespass in order to
the committing of any offence punishable with
1
[imprisonment for life], shall
be punished with imprisonment of either description for a term not
exceeding ten years, and shall also be liable to fine.
451. House-trespass in order to commit offence punishable with
imprisonment: Whoever commits house-trespass in order to the committing
of any offence punishable with imprisonment, shall be punished with
imprisonment of either description for a term which may extend to two
years, and shall also be liable to fine ; and if the offence intended to
be committed is theft, the term of the imprisonment may be extended
to seven years.
452. House-trespass 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
1. Subs. for transportation for life by Act 26 of 1955, w.e.f. 1-1-1956.
[Sec. 454
175
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: Renumber the Section 454 as sub-sec. (1) and add the following,
after sub-section (1) as so re-numbered.
(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
such-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. [T.N. Act No. 28 of 1993]
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.
Of criminal trespass Sec. 457]
The Indian Penal Code, 1860 176
State Amendment
Tamil Nadu: Renumber the Section 457 as sub-sec. (1) and add
the following sub-section after sub-section (1) as so re-numbered 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 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 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,- [T.N. Act No. 28 of 1993].
Uttar Pradesh: Same as in Tamil Nadu [Vide Uttar Pradesh Act 24 of 1995,
Sec. 11].
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.
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
1. Subs. for the words transportation for life by Act 26 of 1955, w.e.f. 1-1-1956.
[Sec. 460
177
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.
461. Dishonestly breaking open receptacle containing property:
Whoever dishonestly, or with intent to commit mischief, breaks open or
unfastens any closed receptacle which contains or which he believes to
contain property, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
462. Punishment for same offence when committed by person
entrusted with custody: Whoever, being entrusted with any closed
receptacle which contains or which he believes to contain property, without
having authority to open the same, dishonestly, or with intent to commit
mischief, breaks open or unfastens that receptacle, shall be punished with
imprisonment of either description for a term which may extend to three
years, or with fine, or with both.
CHAPTER XVIII
Of offences relating to Documents and to
2
[x x x]
Property Marks
463. Forgery:
3
[Whoever makes any false documents or false
electronic record or part of a document or electronic record, with intent
to cause damage or injury], to the public or to any person, or to support
any claim or title, or to cause any person to part with property, or to
enter into any express or implied contract, or with intent to commit fraud
or that fraud may be committed, commits forgery.
CASE LAW
For forgery see AIR 1963 SC 1577 = 1963 (2) Cr. LJ 439; AIR 1969
SC 724 = 1969 Cr. LJ 1064. Meaning of Intent to Commit fraud. 2003
(3) SCC 641.
1. Subs. for the words transportation for life by Act 26 of 1955, w.e.f. 1-1-1956.
2. Omitted by Act 43 of 1958, w.e.f. 25-11-1959.
3. Subs. by The Technology Information Act, 2000, w.e.f. 17-10-2000.
Of offences relating to documents ... Sec. 463]
IPC12
The Indian Penal Code, 1860 178
464. Making a false document:
1
[A person is said to make a
false document or false electronic record
FirstWho dishonestly or fraudulently
(a) makes, signs, seals or executes a document or part of a document;
(b) makes or transmits any electronic record or part of any electronic
record;
(c) affixes any
2
[electronic signature] on any electronic record;
(d) makes any mark denoting the execution of a document or the
authenticity of the
2
[electronic signature],
with the intention of causing it to be believed that such document
or part of document, electronic record or
2
[electronic signature] was made,
signed, sealed, executed, transmitted or affixed by or by the authority
of a person by whom or by whose authority he knows that it was not
made, signed, sealed, executed or affixed; or
Secondly Who, without lawful authority, dishonestly or fraudulently,
by cancellation or otherwise, alters a document or an electronic record
in any material part thereof, after it has been made, executed or affixed
with
2
[electronic signature] either by himself or by any other persons,
whether such person be living or dead at the time of such alteration; or
Thirdly Who dishonestly or fraudulently causes any person to sign,
seal, execute or alter a document or an electronic record or to affix his
2
[electronic signature] on any electronic record knowing that such person
by reason of unsoundness of mind or intoxication cannot, or that by reason
of deception practised upon him, he does not know the contents of the
document or electronic record or the nature of the alteration]
Illustrations
(a) A has a letter of credit upon B for rupees 10,000, written by
Z. A, in order to defraud B, adds 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.
1. Subs. by The Technology Information Act, 2000, w.e.f. 17-10-2000.
2. Subs. for "digital signature" by the Information Technology (Amendment) Act, 2008
(10 of 2009), S. 51, w.e.f 27-10-2009.
[Sec. 464
179
(b) A, without Zs authority, affixes Zs seal to a document purporting
to be a conveyance of an estate from Z to A, with the intention of selling
the estate to B, and thereby of obtaining from B the purchase money. A
has committed forgery.
(c) A picks up a cheque on a banker signed by B, payable to bearer,
but without any sum having been inserted in the cheque. A fraudulently
fills up the cheque by inserting the sum of ten thousand rupees. A commits
forgery.
(d) A leaves with B, his agent, a cheque on a banker, signed by A,
without inserting the sum payable and authorises B to fill up the cheque
by inserting a sum not exceeding ten thousand rupees for the purpose of
making certain payments. B fraudulently fills up the cheque by inserting
the sum of twenty thousand rupees. B commits forgery.
(e) A draws a bill of exchange on himself in the name of B without
Bs 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) Zs will contains these words: I direct that all my remaining
property be equally divided between A,B and C. A dishonestly scratches
out Bs 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 from 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 Bs name without Bs authority,
certifying that A is a man of good character and in distressed circumstances
Of offences relating to documents ... Sec. 464]
The Indian Penal Code, 1860 180
from unforeseen misfortune, intending by means of such letter to obtain
alms from Z and other persons. Here, as A made a false document in
order to induce Z to part with property. A has committed forgery.
(k) A without Bs authority writes a letter and signs it in Bs name
certifying to As character, intending thereby to obtain employment under
Z. A has committed forgery, inasmuch as he intended to deceive Z by
the forged certificate, and thereby to induce Z to enter into an express
or implied contract for service.
Explanation 1: A mans 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 Zs 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 As intention, B is also guilty
of forgery.
(c) A picks up a bill of exchange payable to the order of a different
person of the same name. A endorses the bill in his own name, intending
to cause it to be believed that it was endorsed by the person to whose
order it was payable ; here A has committed forgery.
(d) A purchases an estate sold under execution of a decree against
B. B, after the seizure of the estate, in collusion with Z, executes a lease
of the estate to Z at a nominal rent and for a long period, and dates the
lease six months prior to the seizure, with intent to defraud A, and to cause
it to be believed that the lease was granted before the seizure. B, though
he executes the lease in his own name, commits forgery by antedating
it.
(e) A, a trader, in anticipation of insolvency, lodges effects with B
for As 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 fictitious person, intending it to be believed that the document
[Sec. 464
181
was made by a real person, or in the name of a deceased person, intending
it to be believed that the document was made by the person in his lifetime,
may amount to forgery.
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.
1
[Explanation 3: For the purposes of this section, the expression
affixing
2
[electronic signature] shall have the meaning assigned to it in
clause (d) of sub-section (1) of Section 2 of the Information Technology
Act, 2000.]
465. Punishment for forgery: Whoever commits forgery shall be
punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
466. Forgery of record of Court or of public register, etc.:
3
[Whoever forges a document or an electronic record], purporting to be
a record or proceeding of or in a Court of Justice, or a register of birth,
baptism, marriage or burial, or a register kept by a public servant as
such, or a certificate or document purporting to be made by a public
servant in his official capacity, or an authority to institute or defend a
suit, or to take any proceedings therein, or to confess judgment, or a
power of attorney, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable
to fine.
1
[Explanation: For the purposes of this section, register includes
any list, data or record of any entries maintained in the electronic form
as defined in clause (r) of sub-section (1) of Section 2 of the Information
Technology Act, 2000.]
CASE LAW
Gaining wrongfully or losing wrongfully explained. AIR 1999 SC 1201.
467. Forgery of valuable security, will, etc.: Whoever forges
a document which purports to be a valuable security, or a will, or
1. Ins. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
2. Subs. for "digital signature" by the Information Technology (Amendment) Act, 2008
(10 of 2009), S. 51.
3. Subs. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
Of offences relating to documents ... Sec. 467]
The Indian Penal Code, 1860 182
an authority to adopt a son, or which purports to give authority to any
person to make or transfer any valuable security, or to receive the principal,
interest, or dividends thereon, or to receive or deliver any money, movable
property, or valuable security, or any document purporting to be an
acquittance or receipt acknowledging the payment of money, or an
acquittance or receipt for the delivery of any movable property or valuable
security, shall be punished with
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.
CASE LAW
The expression defraud involves two elements namely deceit and injury
to the person deceived. AIR 1963 SC 1572 = 1963 (2) Cr.LJ 434. Approvers
evidence Appreciation of. 1997 SCC (Cri.) 405.
468. Forgery for purpose of cheating: Whoever commits forgery,
intending that the
2
[document or electronic record forged] 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,
2
[intending that the document or electronic record forged]
shall harm the reputation of any party, or knowing that it is likely to be
used for that purpose, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also
be liable to fine.
470. Forged document: A false
2
[document or electronic record]
made wholly or in part by forgery is designated a forged
2
[document
or electronic record].
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
2
[document or electronic record], shall be
punished in the same manner as if he had forged such
2
[document or
electronic record].
1. Subs. for transportation for life by Act 26 of 1955, w.e.f. 1-1-1956.
2. Subs. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
[Sec. 471
183
CASE LAW
Letters inviting some artists at cultural show forged on letter-head of
Minister - Sections 471, 465 not attracted, 1997 (6) SCC 499.
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.
473. Making or possessing counterfeit seal, etc., with intent
to commit forgery punishable otherwise: Whoever makes or
counterfeits any seal, plate or other instrument for making an impression,
intending that the same shall be used for the purpose of committing any
forgery which would be punishable under any section of this chapter other
than Section 467, or, with such intent, has in his possession any such
seal, plate or other instrument, knowing the same to be counterfeit, shall
be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
474. Having possession of document described in Section 466
or 467, knowing it to be forged and intending to use it as genuine:
2
[Whoever has in his possession any document or electronic record,
knowing the same to be forged and intending that the same shall fraudulently
or dishonestly be used as a genuine, shall, if the document or electronic
record is one of the description mentioned in Section 466 of this Code],
be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine; and if the document
is one of the description mentioned in Section 467, shall be punished
with
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. for the words transportation for life by Act 26 of 1955, w.e.f. 1-1-1956.
2. Subs. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
Of offences relating to documents ... Sec. 474]
The Indian Penal Code, 1860 184
475. Counterfeiting device or mark used for authenticating
documents described in Section 467, or possessing counterfeit marked
material: Whoever counterfeits upon, or in the substance of, any
material, any device or mark used for the purpose of authenticating any
document described in Section 467 of this Code, intending that such device
or mark shall be used for the purpose of giving the appearance of
authenticity to any document then forged or thereafter to be forged on
such material, or who, with such intent, has in his possession any material
upon or in the substance of which any such device or mark has been
counterfeited, shall be punished with
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.
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
2
[any document or electronic record] other than the documents
described in Section 467 of this Code, intending that such device or mark
shall be used for the purpose of giving the appearance of authenticity
to any document then forged or thereafter to be forged on such material,
or who, with such intent, has in his possession any material upon or in
the substance of which any such device or mark has been counterfeited,
shall be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine.
477. Fraudulent cancellation, destruction, etc., of will, authority
to adopt, or valuable security: Whoever fraudulently or dishonestly,
or with intent to cause damage or injury to the public or to any person,
cancels, destroys or defaces, or attempts to cancel, destroy or deface,
or secretes or attempts to secrete any document which is or purports
to be a will, or an authority to adopt a son, or any valuable security,
or commits mischief in respect to 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. for the words transportation for life by Act 26 of 1955, w.e.f. 1-1-1956.
2. Subs. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
[Sec. 477
185
1
[477-A. Falsification of accounts: Whoever, being a clerk, officer
or servant, or employed or acting in the capacity of a clerk, officer or
servant, wilfully, and with intent to defraud, destroys, alters, mutilates or
falsifies any
2
[book, electronic record, paper, writing], valuable security
or account which belongs to or is in the possession of his employer, or
has been received by him for or on behalf of his employer, or wilfully,
and with intent to defraud, makes or abets the making of any false entry
in, or omits or alters or abets the omission or alteration of any material
particular from or in, any such
2
[book, electronic record, paper, writing],
valuable security or account, shall be punished with imprisonment of either
description for a term which may extend to seven years, or with fine,
or with both.
Explanation: It shall be sufficient in any charge under this section
to allege a general intent to defraud without naming any particular person
intended to be defrauded or specifying any particular sum of money
intended to be the subject of the fraud, or any particular day on which
the offence was committed.]
CASE LAW
Wilfully as used in Section 477 A means intentionally or deliberately AIR
1976 SC 2140 = 1976 Cr. LJ 913.
3
Of
4
[x x x] property and other marks
478.
4
[x x x]
479. Property mark: A mark used for denoting that movable
property belongs to a particular person is called a property mark.
480.
4
[x x x]
481. Using a false property mark: Whoever marks any movable
property or goods or any case, package or other receptacle containing
movable property or goods, or uses any case, package or other
receptacle having any mark thereon, in a manner reasonably calculated
to cause it to be believed that the property or goods so marked, or
any property or goods contained in any such receptacle so marked,
1. Added by Act 3 of 1895.
2. Subs. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
3. Subs. by Act 4 of 1889.
4. Omitted by Act 43 of 1958.
Of property and other marks Sec. 481]
The Indian Penal Code, 1860 186
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
[x x x] any false property mark shall, unless he proves that he
acted without intent to defraud, be punished with imprisonment of either
description for a term which may extend to one year, or with fine, or
with both.
483. Counterfeiting a property mark used by another: Whoever
counterfeits any
1
[x x x] property mark used by any other person shall
be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
484. Counterfeiting a mark used by a public servant: Whoever
counterfeits any property mark used by a public servant, or any mark
used by a public servant to denote that any property has been manufactured
by a particular person or at a particular time or place, or that the property
is of a particular quality or has passed through a particular office, or that
it is entitled to any exemption, or uses as genuine any such mark knowing
the same to be counterfeit, shall be punished with imprisonment of either
description for a term which may extend to three years, and shall also
be liable to fine.
2
[485. Making or possession of any instrument for counterfeiting
a property mark: Whoever makes or has in his possession any die,
plate or other instrument for the purpose of counterfeiting a property mark,
or has in his possession a property mark for the purpose of denoting
that any goods belong to a person to whom they do not belong, shall
be punished with imprisonment of either description for a term which may
extend to three years or with fine, or with both.]
486. Selling goods marked with a counterfeit property mark:
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 or to or upon any case, package or other receptacle in which
such goods are contained, shall, unless he proves
1. Omitted by Act 43 of 1958.
2. Subs. by Act 43 of 1958, w.e.f. 25-11-1959.
[Sec. 486
187
(a) that, having taken all reasonable precautions against committing
an offence against this section, he had at the time of the commission of
the alleged offence no reason to suspect the genuineness of the mark,
and
(b) that, on demand made by or on behalf of the prosecutor, he
gave all the information in his power with respect to the persons from
whom he obtained such goods or things, or
(c) that otherwise he had acted innocently.
be punished with imprisonment of either description for a term which
may extend to one year, or with fine, or with both.
487. Making a false mark upon any receptacle containing
goods: Whoever makes any false mark upon any case, package or other
receptacle containing goods, in a manner reasonably calculated to cause
any public servant or any other person to believe that such receptacle
contains goods which it does not contain or that it does not contain goods
which it does contain, or that the goods contained in such receptacle are
of a nature or quality different from the real nature or quality thereof,
shall, unless he proves that he acted without intent to defraud, be punished
with imprisonment of either description for a term which may extend to
three years, or with fine, or with both.
488. Punishment for making use of any such false mark:
Whoever makes use of any such false mark in any manner prohibited
by the last foregoing section shall, unless he proves that he acted without
intent to defraud, be punished as if he had committed an offence against
that section.
489. Tampering with property mark with intent to cause injury:
Whoever removes, destroys, defaces or adds to any property mark,
intending or knowing it to be likely that he may thereby cause injury to
any person, shall be punished with imprisonment of either description for
a term which may extend to one year, or with fine, or with both.
1
Of currency-notes and bank-notes
489-A. Counterfeiting currency-notes or bank-notes: Whoever
counterfeits, or knowingly performs any part of the process of
1. Added by Act 12 of 1899.
Of currency-notes and bank-notes Sec. 489A]
The Indian Penal Code, 1860 188
counterfeiting, any currency-note or bank-note, 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.
Explanation: For the purposes of this section and of Sections
2
[489-B, 489-C, 489-D and 489-E], 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.
CASE LAW
Counterfeiting currency notes. 2004 (13) SCC 373.
489-B. 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
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.
CASE LAW
Words knowing or having reason to believe the same to be forged
or counterfeit Explained. AIR 2001 SC 3074.
489-C. 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. Subs. for transportation for life, by Act 26 of 1955, w.e.f. 1-1-1956.
2. Subs. by Act 35 of 1950.
[Sec. 489C
189
CASE LAW
Ingredients. AIR 2005 SC 128.
489-D. Making or possessing instruments or materials for
forging or counterfeiting currency-notes or bank-notes: Whoever
makes, or performs, any part of the process of making, or buys or sells
or disposes of, or has in his possession, any machinery, instrument or
material for the purpose of being used, or knowing or having reason to
believe that it is intended to be used, for forging or counterfeiting any
currency-note or bank-note, shall be punished with
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.
2
[489-E. Making or using documents resembling currency-
notes or bank-notes:(1) Whoever makes, or causes to be made, or
uses for any purpose whatsoever, or delivers to any person, any document
purporting to be, or in any way resembling, or so nearly resembling as
to be calculated to deceive any currency-note or bank-note shall be
punished with fine which may extend to one hundred rupees.
(2) If any person, whose name appears on a document the making
of which is an offence under sub-section (1), refuses, without lawful excuse,
to disclose to a police-officer on being so required the name and address
of the person by whom it was printed or otherwise made, he shall be
punished with fine which may extend to two hundred rupees.
(3) Where the name of any person appears on any document in
respect of which any person is charged with an offence under sub-section
(1) or on any other document used or distributed in connection with that
document it may, until the contrary is proved, be presumed that that person
caused the document to be made.]
CHAPTER XIX
Of the Criminal Breach of Contracts of Service
490.
3
[x x x ]
1. Subs. for transportation for life, by Act 26 of 1955, w.e.f. 1-1-1956.
2. Added by Act 6 of 1943.
3. Omitted by Act 3 of 1925.
Of Criminal Breach of Contracts ... Sec. 490]
The Indian Penal Code, 1860 190
491. Breach of contract to attend on and supply wants of
helpless person: Whoever, being bound by a lawful contract to attend
on or to supply the wants of any person who, by reason of youth, or
of unsoundness of mind, or of a disease or bodily weakness, is helpless
or incapable of providing for his own safety or of supplying his own wants,
voluntarily omits so to do, shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine
which may extend to two hundred rupees, or with both.
492.
1
[x x x]
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 declared void by a Court
of competent jurisdiction,
nor to any person who contracts a marriage during the life of a
former husband or wife., if such husband or wife, at the time of
the subsequent marriage, shall have been continually absent from such
person for the space of seven years, and shall not have been heard
of by such person as being alive within that time provided the person
contracting such subsequent marriage shall, before such marriage
1. Omitted by Act 3 of 1925.
[Sec. 494
191
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.
State Amendment
Andhra Pradesh: Punishment Imprisonment for 7 years and fine-Cognizable-
Non Bailable-Triable by Ist class-Magistrate-Non-Compoundable - vide A.P. Act 3
of 1992, (w.e.f. 15-2-1992).
CASE LAW
In a bigamy case the second marriage as a fact and ceremonies
constituting it must be proved. AIR 1966 SC 614 = 1966 Cr. LJ 472. Admission
of marriage by accused is no evidence of marriage for the purpose of proving
an offence of bigamy or adultery AIR
1971 SC 1153 = 1971 Cr. LJ 939. Saptapadi is an essential ceremony
for a valid marriage only in cases where it is admitted by parties that as
per the form of marriage applicable to them, it is an essential ceremony. 2001
(7) SCC 487.
Ex parte decree of divorce and second marriage. AIR 2002 SC 389.
Ex parte divorce decree in force on the date of second marriage - cannot
be convicted. AIR 2002 SC 389.
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
Andhra Pradesh: Punishment - Imprisonment for 10 years and fine-Cognizable-
Non-bailable-Triable by Magistrate of Ist class-Non-Compoundable (Vide A.P. Act
3 of 1992, 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.
Of offences relating to Marriage Sec. 496]
The Indian Penal Code, 1860 192
State Amendment
Andhra Pradesh: Punishment Imprisonment for 7 years and fine
Cognizable-Non Bailable-Triable by Ist class-Magistrate-Non-Compoundable vide
A.P. Act 3 of 1992, (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 rape, in guilty of the offence of adultery,
and shall be punished with imprisonment of either description for a term
which may extend to five years, or with fine, or with both. In such case
the wife shall not be punishable as an abettor.
State Amendment
Andhra Pradesh: Punishment-Imprisonment for 5 years, or fine, or both-Non
Cognizable-Bailable-Triable by Ist class Magistrate -Non-compoundable (Vide A.P.
Act 3 of 1992, 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, from that man, or from any person having the care of her
on behalf of that man, with intent that she may have illicit intercourse
with any person, or conceals or detains with that intent any such woman,
shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.
1
[CHAPTER XX-A
Of cruelty by Husband or relatives of Husband
498-A. 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 purposes of this section, cruelty means
1. Inserted by Act 46 of 1983, w.e.f. 25-12-1983.
[Sec. 498A
193
(a) any wilful 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 to meet such demand.]
CASE LAW
Where there is no evidence to show deceased was harassed within the
meaning of Explanation (b) of Section 498-A, presumption under Section 113A
of Evidence Act cannot be raised AIR 1996 SC 67. Presumption of dowry
death - when can be raised, AIR 1997 SC 1873.
Where remarks of humiliating nature regarding poor quality of gifts were
made, it will amount to harassment, 1997 (4) SCC 486. Alongwith husband
and relatives one not of family impleaded as abettor Not a case for quashing.
1997 (2) ALD (Cri.) 905 (AP). Proof of ill treatment. 1999 (7) SCC 695.
Delayed complaint - Effect of. AIR 1999 SC 2071.
Meaning of Cruelty Explained. AIR 2001 SC 2124. See: AIR 2001 SC
2828; AIR 2001 SC 1828; 2001 (9) SCC 226. Cruelty - Explained. 2002 (2)
SCC 619; 2002 (5) SCC 177. Mental cruelty. 2002 (7) SCC 414. Section 498
A and Section 113 A of Evidence Act. AIR 2003 SC 2865: 2003 (8) SCC 80.
Accused and victim remarrying and living happily a mitigating
circumstance. AIR 2006 SC 1799. Proof of cruelty and abetment of suicide
Explained. AIR 2006 SC 2002. Provision constitutional. AIR 2005 SC 3100.
Appreciation of evidence cruelty to married woman discussed 2008 (5) SCC
70. Object of the provision explained 2008 (2) SCC 561. Cruelty to wife
a distinct offence from that of dowry death AIR 2009 SC 855. Proof of
Abetment of suicide and cruelty AIR 2008 SC 3212, AIR 2008 SC 2462,
AIR 2008 SC 2131, AIR 2008 SC 1294.
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 excepted, to defame
that person.
Of Defamation Sec. 499]
IPC13]
The Indian Penal Code, 1860 194
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 persons 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 Bs watch; intending
to cause it to be believed that Z did steal Bs watch. This is defamation,
unless it falls within one of the exceptions.
(b) A is asked who stole Bs watch. A points to Z, intending to cause
it to be believed that Z stole Bs watch. This is defamation, unless it falls
within one of the exceptions.
(c) A draws a picture of Z running away with Bs watch intending
it to be believed that Z stole Bs watch. This is defamation, unless it falls
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 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.
[Sec. 499
195
Third Exception Conduct of any person touching any public
question: It is not defamation to express in good faith any opinion
whatever respecting the 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 Zs 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 in 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
enquiry 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 a 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 Zs 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 expresses respects
Zs character as it appears in Zs 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 expresses of Zs character,
is an opinion not founded on Zs conduct as a witness.
Of Defamation Sec. 499]
The Indian Penal Code, 1860 196
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 submitted 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.
(c) An actor or singer who appears on a public stage, submits his
acting or singing to the judgment of the public.
(d) A says of a book published by Z-Zs book is foolish; Z must
be a weak man. Zs book is indecent ; Z must be a man of impure mind.
A is within the exception, if he says this in good faith, inasmuch as the
opinion which he expresses of Z respects Zs character only so far as
it appears in Zs book, and no further.
(e) But if A says- I am not surprised that Zs 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 Zs character is an opinion
not founded on Zs 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 of 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 schoolmaster, whose authority is derived from
a parent, censuring in good faith a pupil in the presence of other pupils;
[Sec. 499
197
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 this exception.
Eighth Exception Accusation preferred in good faith to
authorised 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 accuses Z before a Magistrate ; if A in good faith
complains of the conduct of Z, a servant, to Zs master; if A in good faith
complains of the conduct of Z, child to Zs father-A is within this exception.
Ninth Exception Imputation made in good faith by person
for protection of his or others 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 interest 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.
CASE LAW
For defamation See AIR 1952 SC 149 = 1952 Cr. LJ 832; AIR 1963
SC 1317 = 1963 (2) Cr. LJ 345; AIR 1966 SC 97 = 1966 Cr. LJ 82; AIR
Of Defamation Sec. 499]
The Indian Penal Code, 1860 198
1970 SC 1372 = 1970 Cr. LJ 1266 ; AIR 1971 SC 1389 = 1971 (3) SCC
399 ; AIR 1971 SC 1567 = 1971 Cr. LJ 1168. Statement in press that salaries
are not paid because of disputes between management and controlling authority,
will not amount to defamation. 1997 (1) ALD (Cri.) 792 (AP).
Defamatory imputations Evaluation thereof. 2001 (6) SCC 30. Defamatory
attack on a a Judge may be a libel. AIR 2001 SC 2374.
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.
CASE LAW
A complaint cannot be thrown out on the mere ground that the actual
words spoken or the statements made have not been stated in the complaint
AIR 1971 SC 1389 = 1971 (3) SCC 399. Name of the wrong court published
See 2008 (5) SCC 668
501. Printing or engraving matter known to be defamatory:
Whoever prints or engraves any matter, knowing or having good reasons
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.
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.
[Sec. 503
199
Explanation: A threat to injure 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 Bs 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 statements, rumour or report
(a) with intent to cause, or which is likely to cause, any officer,
soldier
,

3
[sailor or airman] in the Army
,

3
[Navy or Air Force]
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 tranquillity ; or
(c) with intent to incite, or which is likely to incite, any class or
community of persons to commit any offence against any other
class or community,
shall be punished with imprisonment which may extend to
4
[three years]
or with fine, or with both
.
5
[(2) Statements creating or promoting enmity, hatred or ill-
will between classes: Whoever makes, publishes or circulates any
1. Subs. by Act 4 of 1898.
2. Renumbered as sub-sec. (1) by Act 35 of 1969.
3. Subs. by Act 10 of 1927.
4. Subs. for two years by Act 41 of 1961, w.e.f. 12-9-1961.
5. Subs. by Act 35 of 1969, w.e.f. 4-6-1969.
Of criminal intimidation, insult and annoyance Sec. 505]
The Indian Penal Code, 1860 200
1. Inserted by Act 35 of 1969.
2. Subs. for the words transportation for life by Act 26 of 1955, w.e.f. 1-1-1956.
[Sec. 506
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 any assembly engaged in the performance of
religious worship or religious ceremonies, shall be punished with imprisonment
which may extend to five years and shall also be liable to fine.]
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
i
t
1[in good faith and] without any such intent as aforesaid.
CASE LAW
Frank reporting in Newspaper does not fall under Section 505. 1997
(2) ALD (Cri.) 174 (AP).
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 o
r
2[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.
201 Of criminal intimidation, insult and annoyance Sec. 509]
State AmendmeNt
Uttar Pradesh: Any offence punishable under Section 506, I.P.C., when
committed in any district of Uttar Pradesh, shall be notwithstanding anything
contained in the Code of Criminal Procedure, 1973, be cognizable and non-bailable.
(Vide Noti.No. 777/VIII 9-4(2)-87, dt. 31-7-1989).
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 from 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 term which may extend to one year, or with fine, or
with both.
IllustratioNs
(a) A sits dharna at Zs door with the intention of causing it to be
believed that, by so sitting, he renders Z an object of Divine displeasure.
A has committed the offence defined in this section.
(b) A threatens Z that, unless Z performs a certain act, A will kill
one of As own children, under such circumstances that the killing would
be believed to render Z an object of Divine displeasure. A has committed
the offence defined in this section.
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, or that such gesture
or object shall be seen, by such woman, or intrudes upon the privacy
The Indian Penal Code, 1860 202
1. Subs. for the words transportation for life by Act 26 of 1955, w.e.f. 1-1-1956.
[Sec. 511
of such woman, shall be punished with simple imprisonment for a term
which may extend to one year, or with fine, or with both.
CASE LAW
Outraging modesty of lady I.A.S. Officer allegations against top police
officer quashing FIR not proper AIR 1996 SC 309.
510. Misconduct in public by a drunken person: Whoever, in
a state of intoxication, appears in any public 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 wit
h
1[imprisonment for
life] or imprisonment, or to cause such an offence to be committed, and
in such attempt 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 wit
h
1[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.
IllustratioNs
(a) A makes an attempt to steal some jewels by breaking open a
box, and finds after so opening the box, that there is no jewel in it. He
has done an act towards the commission of theft, and therefore is guilty
under this section.
(b) A makes an attempt to pick the pocket of Z by thrusting his hand
into Zs pocket. A fails in the attempt in consequence of Zs having nothing
203 Of attempts to commit offences Sec. 511]
in his pocket. A is guilty under this Section.
CASE LAW
Attempt to commit rape Benefit of probation extended to accused,
1997 (7) SCC 756. Attempt to commit rape Evidence of Prosecutrix to
be read as a whole, 1997 (7) SCC 677.
Where attempt itself is an offence under Penal Code, Section 511 is
not attracted. AIR 2001 SC 2828.

Abduction ............................. 137,138


Abetment .................................. 33,36
Abetment
in India of offences
outside India ............................. 36
of a thing ................................. 33
of act of insubordination........ 48
of assault by soldier ............... 47
of desertion of soldier ............ 47
of mutiny .................................. 46
of suicide ......................... 118,119
punishment of .......................... 36
of offence punishable with
death or imprisonment ............ 38
Abettor.......................................... 34
different intention .................... 37
liability of ............................ 37,38
present when offence is
committed.................................. 38
when liable to cumulative
punishment ................................ 37
Accounts ...................................... 185
Act (s) ................................... 9,20,21
causing slight harm ................. 27
done by a person justified ..... 21
done by accident of
misfortune ................................. 21
done in good faith ............. 24,25
done pursuant to the
judgment ................................... 20
exclusion ................................... 25
intended to outrage
religious................................... 109
likely to cause harm
unintentionally .......................... 21
likely to spread infectious
diseases ..................................... 99
not intended.............................. 24
of a child above 7 and
under 12 ................................... 22
of a child under 7
years of age ........................... 22
of a person incapable
of judgment ............................ 22
of a person of unsound
mind .......................................... 22
of Judge when acting
judicially.................................... 20
to which a person is
compelled by threats ............... 27
which is not an offence ......... 20
Adulteration of drugs ................ 100
Adulteration of food.................... 99
Affray ............................................ 56
Air Force Act ............................... 48
Air force ................................ 46,199
Airman........................................... 48
Amount of Fine ........................... 16
Animal ........................................... 13
Annoyance................................... 198
Arms ......................................... 44,53
Army Act ...................................... 48
Army ....................................... 46,199
Assault ........................... 131,133-135
Assaulting President, Governor .. 44
Assaulting ...................................... 52
Attempts
to commit offences ............... 202
Begging ....................................... 137
Breach of Trust ................... 158,160
Bribery........................................... 59
Candidate....................................... 59
Caste .............................................. 53
Cheating ................. 163,164,165,182
204
SUBJECT INDEX
205 Subject Index
Causing Miscarriage .............. 121
without womans consent ..... 121
Code of Criminal Procedure . 15,87
Coin ............................................... 89
Common intention.......................... 9
Community .................................... 53
Companies Act, 1956 .................... 6
Concealment of birth.......... 121,123
Confession ................................... 127
Consent
given under fear or
misconception ........................... 25
of child ..................................... 25
of guardian ............................... 24
of insane person ...................... 25
Conspiracy to commit offences . 43
Contracts of Service .................. 189
Communication
made in good faith ................. 27
Commutation of
sentence of death .................... 15
sentence of imprisonment
for life....................................... 15
Counterfeit ....................................... 7
Court
failure by person released
on bail to appear .................... 89
of Justice ............................. 4,181
Criminal Conspiracy ................... 3
definition ................................... 42
punishment of .......................... 42
Criminal force ......... 43,131,134,135
Criminal Intimidation ............. 198,201
Criminal knowledge ..................... 10
Criminal trespass ................... 32,173
Culpable homicide ...... 110,112,115,
117,120,122
Currency & Bank notes............ 187
Dacoity ................... 152,154,155,162
Death by negligence .................. 117
Death ................................... 13,40,41
Definitions ...................................... 2
appropriate Govt. ..................... 15
harbour ...................................... 82
Disclosure of identity .................. 87
Dishonestly ...................................... 7
dispositions of property............. 165
Document ..................................... 8,9
Dowry Death .............................. 118
Dowry Prohibition Act, 1961 .. 118
E.P.F. Act 1952 ......................... 158
E.S.I. Act 1948 .......................... 159
Electoral right ............................... 59
Elections
failure to keep accounts ......... 61
false statements ........................ 61
illegal payments ....................... 61
personation ................................ 60
undue influence........................ 59
Evidence
false ...................................... 69,72
known to be false ................... 73
punishment for false .................. 71
Extension
of code to extra territorial
offences ....................................... 1
Extortion ............................... 150,151
False document .................... 178,182
False evidence .............................. 73
Fine ......................................... 14,16
Forced labour ............................. 136
Forgery ................... 177,181,182,183
Fouling water of reservoir ........ 101
Fraudulent deeds ........................ 165
Fraudulently..................................... 7
Gender ............................................. 3
Good faith..................................... 13
Government ............................... 3,5,6
The Indian Penal Code, 1860 206
Government
Central ....................................... 15
State ........................................... 15
Govt. of India .............................. 44
Govt. Stamps ...................... 89,95,96
Harbour .......................................... 14
Harbouring deserter ..................... 48
Harbouring Offender ............... 79,81
House Breaking................... 172,173
House trespass ..................... 171,174
Human Body .............................. 110
Hurt ................................ 123,125-128
Illegal ............................................. 13
Indian Navy (Discipline) Act ..... 48
Injury ........................................... 198
Insult ............................................ 198
Imprisonment
description of when
default in payment .................. 17
for life.................................. 15,40
for non-payment of fine ......... 16
regorous..................................... 14
simple ........................................ 14
to terminate on payment
of fine ....................................... 17
Judge........................................... 3,20
Judgment ....................................... 19
Judicial Proceeding ...................... 87
Kidnapping .................... 131,137-140
Language ....................................... 53
Lawful apprehension .................... 85
Life .................................. 13,110,117
Local Law..................................... 13
Lottery Office ............................. 108
Marriage ........................ 139,190,191
Matter for blackmail .................. 106
Minor .................................... 137,139
Misappropriation of
property ............................ 156,158
Mischief ................ 31,32,166 to 170
Month ............................................ 13
Moveable property ......................... 7
Murder ...... 21,111,112,115 to 119
National Integration ..................... 54
Naval Discipline Act ................... 48
Navy ....................................... 46,199
Negligent conduct with
respect to
animal ...................................... 103
explosive substance .................. 103
fire or combustible matter.... 102
machinery ................................ 103
poisonous substance ................. 102
pulling down or repairing
buildings.................................. 103
Non-appearance
in response to a
proclamation ............................. 63
Nuisance ...................................... 104
Oath ............................................... 13
Obscene books ........................... 104
Offence(s) ..................................... 12
affecting life ........................... 110
affecting the human body .... 110
affecting the public health,
safety, convenience,
deceney and morals................. 99
against property...................... 147
against public justice .............. 69
against the public tranquility . 49
against the state ....................... 43
attempts to commit ................ 202
committed by means of
several acts ............................... 11
committed in place of
worship ...................................... 53
committed within India ................ 1
committes beyond, trial
within India ................................ 1
different ..................................... 12
207 Subject Index
Offence(s) (Contd.)
disclosure of identity
of victim ................................... 87
intentional co-operation ........... 11
of theft .................................... 147
relating to Army, Navy
and Air Force .......................... 46
relating to coin and Govt.
Stamps ....................................... 89
relating to elections ................. 59
relating to marriage ............... 190
relating to public servant ....... 56
relating to religion................. 109
relating to weights and
measures .................................... 98
sexual ...................................... 142
unnatural ................................. 146
Omission.......................................... 9
Operation
of Act ......................................... 1
Person .............................................. 3
Penalty
for harbouring robbery
or dacoity ................................. 82
Promoting enmity
on grounds of religion,
language .................................... 53
Property
forfeiture of .............................. 14
in possession of wife
or servant .................................. 7
Property mark ............................. 185
Property Marks ........................... 177
Prostitution .................................. 141
Private Defence
commencement and
continuance of the right of .... 30
no right of against act ........... 29
of the right of ......................... 28
right against the act of
person of unsound mind ........ 28
right of ................................. 28,29
when right of ........................... 30
of body extends to
causing death ........................... 30
Public Health .............................. 109
Public Servant 4,41,46,56,61-69,82-
85,87,127,134,145,161,186,194
Public ............................................... 3
Punishment (s) ................ 14,50,121
for assault or criminal force 133
for attempt to commit
offence..................................... 202
for belonging to gang
of dacoits .............................. 155
for belonging to gang
of thieves .............................. 155
for bribery ................................ 60
for cheating ............................ 164
for committing affray .............. 56
for criminal breach of trust . 160
for criminal trespass ................. 173
for culpable homicide ........... 117
for dacoity .............................. 154
for defamation ........................ 198
for extortion ........................... 151
for forgery .............................. 181
for house trespass .................. 173
for kidnapping........................ 137
for mischief ..................... 168,170
for murder by life convict ... 115
for murder .............................. 115
for offences after previous
conviction.................................. 19
for public nuisance................ 104
for rape ................................... 143
for rioting ................................. 50
for robbery ............................. 153
for theft ................................... 149
The Indian Penal Code, 1860 208
Punishment (s) (Contd.)
for undue influence at
election ...................................... 60
for using a false
property mark .................. 185,187
for voluntarily causing
hurt ................................... 124,125
for wrongful confinement ..... 129
for wrongful restraint ............ 129
fractions of terms .................... 16
guilty of one of several
offences ..................................... 19
of offences commited in India 1
of offences committed beyond 1
Queen .............................................. 3
Rape ............................................. 142
Rash driving ............................... 101
Rash navigation .......................... 101
Reason to believe .......................... 7
Religion .................................. 53,109
Rioting .......................................... 50
armed with deadly weapon .... 50
being hired for ......................... 56
intentional ............................... 202
liability of agent of owner .... 55
on whose benefit or behalf ... 55
punishment ................................ 50
Right
of private defence ........ 28 to 32
Robbery ........................... 31,152,154
Sailor ........................................ 47,48
Section ........................................... 13
Sedition.......................................... 44
Servant ............................................. 3
Sentence (s)
of forfeiture of property ......... 16
of imprisonment for
non-payment of fine ................ 16
rigorous or simple ................... 16
wholly or partly ....................... 16
Sexual offences .......................... 142
Slave ............................................ 140
Slavery .................................. 136,140
Soldier ...................................... 46,48
Solitary confinement .................... 19
Special Law .................................. 13
Stolen property .................... 161,163
Suicide .................................. 118-120
Summons ....................................... 62
Theft ....................... 147,149,150,152
Thug ............................................ 121
Transportation for life ................. 14
Treating ......................................... 60
Trespassing........................... 109,171
Valuable security............................ 9
Vessel ............................................ 13
Voluntarily .................................... 12
Unlawful assembly ..................... 49
armed with deadly weapon .... 50
being hired for......................... 56
being member of ..................... 50
guilty of offence committed .. 51
hiring of harboured person .... 56
hiring of .................................... 51
joining or continuing .............. 50
land upon which is held ........ 55
Weights and Measures ................ 98
Will .................................................. 9
Woman ............ 134,139,145,146,201
Wrongful confinement .. 129 to 131
Wrongful gain ................................ 7
Wrongful loss ................................. 7
Wrongful restraint ............... 129,175
Year ............................................... 13
THE INDIAN EVIDENCE ACT, 1872
[Act 1 of 1872]
[15th March, 1872]
Preamble: Whereas it is expedient to consolidate, define and amend
the Law of Evidence.
It is hereby enacted as follows.
PART I
RELEVANCY OF FACTS
CHAPTER I
Preliminary
1. Short title, extent and commencement: This Act may be called
the Indian Evidence Act, 1872.
It extends to the whole of India except the State of Jammu and
Kashmir and applies to all judicial proceedings in or before any Court,
including Courts-martial, other than Courts-martial convened under the
Army Act, the Naval Discipline Act or the Indian Navy (Discipline) Act,
1934, or the Air Force Act, but not to affidavits presented to any Court
or Officer, nor to proceedings before an arbitrator.
And it shall come into force on the first day of September, 1872.
Case Law
Expression Evidence means and includes all statements which the Court
permits or requires to be made before it by witnesses in relation to matters of
fact under enquiry and documents produced for the inspection of the Court. AIR
1964 SC 949 = 1964 (2) Cr. LJ 44. Evidence Act is a complete Code repealing
all rules of evidence. AIR 1971 SC 44; 1970 MLJ (Cri) 490. Admissibility of
document and proof of genuiness explained See 2008 (4) SCC 530. To invoke
doctrine of promissory estoppel, party to lay down positive foundation in the
petition AIR 2008 SC 2045. Relative witness-Plea of partiality AIR 2009 SC 1,
AIR 2009 SC 152, AIR 2009 SC 157. Conditions precedent for basing conviction
on circumstantial evidence-explained AIR 2009 SC 56. See AIR 2009 SC 271.
2. Repeal of enactments:
1
[x x x].
3. Interpretation Clause: In this Act the following words and
expressions are used in the following senses, unless a contrary intention
appears from the context.
1
1. Repealed by the Repealing Act, 1938 (1 of 1938).
EVI1
The Indian Evidence Act, 1872 2
Court: Court includes all Judges and Magistrates, and all
persons, except arbitrators, legally authorised to take evidence.
Fact: Fact means and includes
(1) any thing, state of things or relation of things, capable of being
perceived by the senses ;
(2) any mental condition of which any person is conscious.
Illustrations
(a) That there are certain objects arranged in a certain order in a certain
place, is a fact.
(b) That a man heard or saw something, is a fact.
(c) That a man said certain words, is a fact.
(d) That a man holds a certain opinion, has a certain intention, acts
in good faith or fraudulently, or uses a particular word in a particular
sense, or is or was at a specified time conscious of a particular
sensation, is a fact.
(e) That a man has a certain reputation, is a fact.
Relevant: One fact is said to be relevant to another when the
one is connected with the other in any of the ways referred to in the
provisions of this Act relating to the relevancy of facts.
Facts in issue: The expression facts in issue means and
includes- any fact from which, either by itself or in connection with other
facts, the existence, non-existence, nature or extent of any right, liability,
or disability, asserted or denied in any suit or proceeding, necessarily
follows.
Explanation: Whenever, under the provisions of the law for the
time being in force relating to Civil Procedure, any Court records an issue
of fact, the fact to be asserted or denied in the answer to such issue
is a fact in issue.
IlLustrations
A is accused of the murder of B.
At his trial the following facts may be in issue:
That A caused Bs death;
That A intended to cause Bs death;
That A had received grave and sudden provocation from B;
[Sec. 3
3
That A, at the time of doing the act which caused Bs death, was,
by reason of unsoundness of mind, incapable of knowing its nature.
Document: Documentmeans 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,
for the purpose of recording that matter.
Illustrations
A writing is a document;
Words printed, lithographed or photographed are documents;
A map or plan is a document;
An inscription on a metal place or stone is a document;
A caricature is a document.
Evidence: Evidence means and includes:
(1) all statements which the Court permits or requires to be made
before it by witnesses, in relation to matters of fact under inquiry, such
statements are called oral evidence.
(2)
1
[all documents including electronic records produced for the
inspection of the Court],
such documents are called documentary evidence.
Proved: A fact is said to be proved when, after considering
the matters before it, the Court, either believes it to exist, or considers
its existence so probable that a prudent man ought, under the circumstances
of the particular case, to act upon the supposition that it exists.
Disproved: A fact is said to be disproved when, after considering
the matters before it, the Court either believes that it does not exist, or
considers its non-existence so probable that a prudent man ought, under
the circumstances of the particular case, to act upon the supposition that
it does not exist.
Not Proved: A fact is said not to be proved when it is neither
proved nor disproved.
India: India means the territory of India excluding the State
of Jammu and Kashmir.
1. Subs. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
Preliminary Sec. 3]
The Indian Evidence Act, 1872 4
1
[the expressions Certifying Authority,
2
[electronic signature],

2
[Electronic Signature Certificate], electronic form, electronic records,
information, secure electronic record, secure
2
[electronic signature]
and subscriber shall have the meanings respectively assigned to them
in the Information Technology Act, 2000.]
Case Law
Tape record speeches are documents, AIR 1975 SC 1788. Evidence of
a witness cannot be rejected on superficial and substantial ground, 1981 Cr.
LJ 34. Suspicion however strong, cannot take the place of proof, 1957 Cr.
LJ 1014. Credibility of interested witness. See AIR 1996 SC 305. For
circumstantial evidence See AIR 1996 SC 607.
Dead body resultant of a homicide in the house of accused - Failure
to explain - Adverse to accused, 1997 (1) SCC 272. Where P.W. 2 had every
opportunity to identify the accused, conviction not interfered with, 1997 (1)
ALT (Crl.) 336. Where post-mortem was done jointly examination of one
doctor, who had done major portion of the work may be sufficient, AIR
1997 SC 2780.
Partisan witness, AIR 1997 SC 2914. Interested witness, AIR 1997 SC
2828, AIR 1997 SC 2835. Where independent witnesses available but not
examined and only related witness examined evidence to be scrutinized with
care and caution, 1997 (5) SCC 349. Two eye witnesses relatives of accused
- Independent witness not examined- Not a ground to discredit the eye
witnesses, 1997 (1) SCC 80. Criminal Courts not to expect a set reaction
from any eye witness on seeing an incident like murder. AIR 2000 SC 185.
Paper reports not evidence. 1998 (8) SCC 715. Appreciation of evidence
- Evidence of approver. AIR 2000 SC 908. Suspicion however strong cannot
take the place of proof. AIR 2001 SC 1512. Proved and test of reasonable
person. 2001 (2) SCC 62.
Evidence of child witness in rape and murder case. AIR 2002 SC 16.
Meaning of evidence. AIR 2003 SC 2053. Meaning of reasonable doubt.
2003 Cr.LJ 3705. Proved, disproved not proved. AIR 2003 SC 4548. Effect
of non-explanation of injuries to accused. AIR 2006 SC 1639.
Eye witness Minor Contradictions in material particulars Finding
that he might have been tutored Not disturbed. AIR 2006 SC 514. Non-
recovery of pellets post mortem report. AIR 2006 SC 653. Unlawful assembly
All eye witnesses need not specifically refer to distinct acts of each member.
AIR 2006 SC 831. Evidence of hostile witness cannot be rejected in toto.
1. Subs. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
2. Subs. for "digital signature" and "Digital Signature Certificate" by the Information
Technology (Amendment) Act, 2008 (10 of 2009), S.52(a).
[Sec. 3
5
AIR 2006 SC 951 Evidence of interested witness who received injury cannot
be discarded. AIR 2006 SC 1410. Non-explanation of injuries on person of
accused may probabilise defence version. AIR 2006 SC 302. Falsus in uno
Falsus in ombibus not a rule of evidence in criminal trial since it is the duty
of Court to separate truth from falsehood. AIR 2006 SC 321.
Proved. AIR 2005 SC 44. 2005 (11) SCC 600. Standard of proof in
civil proceeding and criminal proceeding. AIR 2005 SC 2119. Conflict between
medical and ocular evidence- Appreciation thereof discussed AIR 2009 SC
210. Relative witness-Credibility AIR 2009 SC 282, AIR 2009 SC 331. Concept
of last seen together AIR 2009 SC 378, AIR 2009 SC 1066. Minor discrepancies
AIR 2009 SC 958. Indirect mode of proof-Circumstantial evidence-discussed
AIR 2008 SC 1537. Eyewitness-minor variations AIR 2008 SC 1747, AIR
2008 SC 1860.
Non explanation of insignificant injury AIR 2008 SC 2323. Time gap
in last seen together not to be large AIR 2008 SC 2819. Relative witness-
Appreciation of evidence AIR 2008 SC 3276, AIR 2008 SC 3209, AIR 2008
SC 3027. Circumstantial evidence-Benefit of doubt AIR 2009 SC 655, See
AIR 2009 SC 963.
4. May presume: Whenever it is provided by this Act that the
Court may presume a fact, it may either regard such fact as proved, unless
and until it is disproved, or may call for proof of it.
Shall presume: Whenever it is directed by this Act that the
Court shall presume a fact, it shall regard such fact as proved, unless
and until it is disproved.
Conclusive proof: When one fact is declared by this Act to
be conclusive proof of another, the Court shall, on proof of the one fact,
regard the other as proved, and shall not allow evidence to be given
for the purpose of disproving it.
Case Law
It is obligatory on the Court to raise the presumption in every case
brought under Section 4 and unlike the case of presumption of fact, presumptions
of law constitute a branch of Jurisprudence. 1958 Cr. LJ 232.
CHAPTER II
Of the Relevancy of Facts
5. Evidence may be given of facts in issue and relevant facts:
Evidence may be given in any suit or proceeding of the existence or non-
existence of every fact in issue and of such other facts as are hereinafter
declared to be relevant and of no others.
Of the Relevancy of Facts Sec. 5]
The Indian Evidence Act, 1872 6
Explanation: This section shall not enable any person to give
evidence of a fact which he is disentitled to prove by any provision of
the law for the time being in force relating to Civil Procedure.
Illustrations
(a) A is tried for the murder of B by beating him with a club with
the intention of causing his death.
At As trial the following facts are in issue
As beating B with the club;
As causing Bs death by such beating;
As intention to cause Bs death.
(b) A suitor does not bring with him, and have in readiness for
production at the first hearing of the case, a bond on which he
relies. This section does not enable him to produce the bond or
prove its contents at a subsequent stage of the proceedings, otherwise
than in accordance with the conditions prescribed by the Code of
Civil Procedure.
6. Relevancy of facts forming part of same transaction: Facts
which, though not in issue, are so connected with a fact in issue as to
form part of the same transaction, are relevant, whether they occurred
at the same time and place or at different times and places.
Illustrations
(a) A is accused of the murder of B by beating him. Whatever was
said or done by A or B or the by standers at the beating, or so
shortly before or after it as to form part of the transaction, is
a relevant fact.
(b) A is accused of waging war against the Government of India by
taking part in an armed insurrection in which property is destroyed,
troops are attacked, and goals are broken open. The occurrence
of these facts is relevant, as forming part of the general transaction,
though A may not have been present at all of them.
(c) A sues B for a libel contained in a letter forming part of a
correspondence. Letters between the parties relating to the subject
out of which the libel arose, and forming part of the correspondence
in which it is contained, are relevant facts, though they do not
contain the libel itself.
(d) The question is, whether certain goods ordered from B were
delivered to A. The goods were delivered to several intermediate
persons successively. Each delivery is a relevant fact.
[Sec. 6
7
Case Law
The information conveyed to the witness is admissible as part of res
gestae. 1981 Cr. LJ 729. Statement of deceased in close proximity to the
act of murder admissible as registered, 1997 (4) SCC 161.
Res gestae explained, 1997 (2) ALT (Crl.) 554, 1993(1) LS 161 =
1993(1) An.W.R. 173 = 1995 ALT (Crl.) 504.
Hearsay evidence - Admissibility. 1999 (4) Crimes 191 (SC).
Witnesses coming to place of occurrence immediate after incident
Evidence admissible under Sec. 6. AIR 2006 SC 302.
7. Facts which are the occasion, cause or effect of facts in
issue: Facts which are the occasion, cause or effect, immediate or
otherwise, of relevant facts, or facts in issue, or which constitute the state
of things under which they happened, or which afforded an opportunity
for their occurrence or transaction, are relevant.
Illustrations
(a) The question is, whether A robbed B.
The facts that, shortly before the robbery, B went to a fair with
money in his possession, and that he showed it or mentioned the
fact that he had it, to third persons, are relevant.
(b) The question is, whether A murdered B.
Marks on the ground, produced by a struggle at or near the place
where the murder was committed, are relevant facts.
(c) The question is, whether A poisoned B.
The state of Bs health before the symptoms ascribed to poison,
and habits of B, known to A, which afforded an opportunity for
the administration of poison, are relevant facts.
Case Law
Tape recorded conversation is admissible, 1973 Cr. LJ 228.
8. Motive, preparation and previous or subsequent conduct:
Any fact is relevant which shows or constitutes a motive or preparation
for any fact in issue or relevant fact.
The conduct of any party, or of any agent to any party, to any
suit or proceeding, in reference to such suit or proceeding, or in
reference to any fact in issue therein or relevant thereto, and the
conduct of any person an offence against whom is the subject of
Of the Relevancy of Facts Sec. 8]
The Indian Evidence Act, 1872 8
any proceeding, is relevant, if such conduct influences or is influenced
by any fact in issue or relevant fact, and whether it was previous or
subsequent thereto.
Explanation I: The word conduct in this section does not include
statements, unless those statements accompany and explain acts other than
statements; but this explanation is not to affect the relevancy of statements
under any other section of this Act.
Explanation II: When the conduct of any person is relevant, any
statement made to him or in his presence and hearing, which affects such
conduct, is relevant.
Illustrations
(a) A is tried for the murder of B.
The facts that A murdered C, that B knew that A had murdered
C, and that B had tried to extort money from A by threatening
to make his knowledge public are relevant.
(b) A sues B upon a bond for the payment of money. B denies the
making of the bond.
The fact that, at the time when the bond was alleged to be made,
B required money for a particular purpose, is relevant.
(c) A is tried for the murder of B by poison.
The fact that, before the death of B, A procured poison similar
to that which was administered to B, is relevant.
(d) The question is, whether a certain document is the will of A.
The facts that, not long before the date of the alleged will, A made
inquiry into matters to which the provisions of the alleged will relate,
that he consulted vakils in reference to making the will, and that
he caused drafts of other wills to be prepared of which he did
not approve, are relevant.
(e) A is accused of a crime.
The facts that, either before, or at the time of, or after the alleged
crime, A provided evidence which would tend to give to the facts
of the case an appearance favourable to himself, or that he destroyed
or concealed evidence, or prevented the presence or procured the
absence of persons who might have been witnesses, or suborned
persons to give false evidence respecting it, are relevant.
(f) The question is, whether A robbed B.
[Sec. 8
9
The facts that, after B was robbed, C said in As presence - The
police are coming to look for the man who robbed B, and that
immediately afterwards A ran away, are relevant.
(g) The question is, whether A owes B Rs. 10,000.
The facts that A asked C to lend him money, and that D said to
C in As presence and hearing - I advise you not to trust A, for
he owes B 10,000 rupees, and that A went away without making
any answer, are relevant facts.
(h) The question is, whether A committed a crime.
The fact that A absconded after receiving a letter warning him that
inquiry was being made for the criminal, and the contents of the
letter, are relevant.
(i) A is accused of a crime.
The facts that, after the commission of the alleged crime, he
absconded, or was in possession of property or the proceeds of
property acquired by the crime, or attempted to conceal things
which were or might have been used in committing it, are relevant.
(j) The question is, whether A was ravished.
The facts that, shortly after the alleged rape, she made a complaint
relating to the crime, the circumstances under which, and the terms
in which the complaint was made, are relevant.
The fact that, without making a complaint, she said that she had
been ravished is not relevant as conduct under this section, though
it may be relevant, as a dying declaration under Section 32, Clause
(1), or as corroborative evidence under Section 157.
(k) The question is, whether A was robbed.
The fact that, soon after, alleged robbery, he made a complaint
relating to the offence, the circumstances under which, and the
terms in which, the complaint was made, are relevant.
The fact that he said he had been robbed, without making any
complaint, is not relevant, as conduct under this section, though
it may be relevant, as a dying declaration under Section 32, clause
(1), or as corroborative evidence under Section 157.
Case Law
Absconding by itself is not conclusive either of glut or of guilt conscience,
1972 Cr. LJ 23. For proof of motive, see 1981 Cr LJ 1278; AIR 1978 SC
383 ; 1977 Cr LJ 273 : 1981 Cr LJ 714 ; AIR 1987 SC 1222. Conduct
of witness - Relevancy, 1997 (1) ALT (Crl.) 336.
Of the Relevancy of Facts Sec. 8]
The Indian Evidence Act, 1872 10
Conduct Relevancy. 2003 Cr. LJ 3744; 2003 (8) SCC 224; 2003 Cr.
LJ 2540. Conduct Nexus with a fact in issue or relevant fact. 2005 (11)
SCC 600. Presumptions as to human conduct explained 2008 (5) SCC 697
9. Facts necessary to explain or introduce relevant facts: Facts
necessary to explain or introduce a fact in issue or relevant fact, or which
support or rebut an inference suggested by a fact in issue or relevant
fact, or which establish the identity of any thing or person whose identity
is relevant, or fix the time or place at which any fact in issue or relevant
fact happened, or which show the relation of parties by whom any such
fact was transacted, are relevant in so far as they are necessary for that
purpose.
Illustrations
(a) The question is, whether a given document is the will of A.
The state of As property and of his family at the date of the alleged
will may be relevant facts.
(b) A sues B for a libel imputing disgraceful conduct to A; B affirms
that the matter alleged to be libellous is true.
The position and relations of the parties at the time when the libel
was published may be relevant facts as introductory to the facts
in issue.
The particulars of a dispute between A and B about a matter
unconnected with the alleged libel are irrelevant, though the fact
that there was a dispute may be relevant if it affected the relations
between A and B.
(c) A is accused of a crime.
The fact that, soon after the commission of the crime, A absconded
from his house, is relevant under Section 8 as conduct subsequent
to and affected by facts in issue.
The fact that, at the time when he left home he had sudden and
urgent business at the place to which he went, is relevant, as tending
to explain the fact that he left home suddenly.
The details of the business on which he left are not relevant, except
in so far as they are necessary to show that the business was
sudden and urgent.
(d) A sues B for inducing C to break a contract of service made by
him with A. C on leaving As service says to A - I am leaving
you because B has made me a better offer. This statement is a
[Sec. 9
11
relevant fact as explanatory of Cs conduct, which is relevant as
a fact in issue.
(e) A, accused of theft, is seen to give the stolen property to B, who
is seen to give it to As wife. B says as he delivers it- A says
you are to hide this, Bs statement is relevant as explanatory of
a fact which is part of the transaction.
(f) A is tried for a riot and is proved to have marched at the head
of a mob. The cries of the mob are relevant as explanatory of
the nature of the transaction.
Case Law
For object of identification parade. See 1955 Cr. LJ 196, 1960 Cr LJ
1681; AIR 1970 SC 1619; AIR 1978 SC 1204; 1972 Cr LJ 15; 1987 (3)
SCC 331.
Omission to hold test identification parade - Identification for first time
in trial Court - Not reliable, 1997 (1) SCC 510.
Identification for the first time at trial is of weak character. 1999 (9)
Supreme 155. Identification of photo - When admissible. AIR 1999 SC 2562.
Test identification. 1999 (9) Supreme 155; 1999 (4) Supreme 128; AIR 2000
SC 160.
Delay in conducting test identification parade. AIR 2001 SC 1188.
Purpose of Test Identification parade - Explained. AIR 2002 SC 143; 2002
(7) SCC 295; AIR 2002 SC 2961. Absence of test identification parade. 2003
(1) SCC 240. Stolen articles - Identification. 2003 (3) SCC 106.
Test identification parade - Requirements - Failure to hold - effect thereof.
AIR 2003 SC 2471; 2003 (3) SCC 21; 2003 (11) SCC 488; 2003 (1) SCC
240; AIR 2003 SC 1596; AIR 2003 SC 708; 2004 (2) SCC 694; 2004 (3)
SCC 116.
Test Identification Parade. 2005 (12) SCC 596; 2004 (13) SCC 150;
AIR 2004 SC 4965; AIR 2005 SC 726. Where accused are known and can
be identified by the witnesses, Test Identification Parade is not necessary.
2007 (1) Supreme 671. Test identification parade-Not substantive evidence
AIR 2008 SC 2343.
10. Things said or done by conspirator in reference to common
design: Where there is reasonable ground to believe that two or more
persons have conspired together to commit an offence or an actionable
wrong, anything said, done or written by any one of such persons in
reference to their common intention, after the time when such intention
was first entertained by any one of them, is a relevant fact as against
each of the persons believed to be so conspiring, as well for the purpose
of proving the existence of the conspiracy as for the purpose of showing
that any such person was a party to it.
Of the Relevancy of Facts Sec. 10]
The Indian Evidence Act, 1872 12
Illustrations
Reasonable ground exists for believing that A has joined in a conspiracy
to wage war against the Government of India.
The facts that B procured arms in Europe for the purpose of the
conspiracy, C collected money in Calcutta for a like object, D persuaded
persons, to join the conspiracy in Bombay, E published writings advocating
the object in view at Agra, and F transmitted from Delhi to G at Kabul the
money which C had collected at Calcutta, and the contents of a letter written
by H, giving an account of the conspiracy, are each relevant, both to prove
the existence of the conspiracy, and to prove As complicity in it, although
he may have been ignorant of all of them, and although the persons by whom
they were done were strangers to him, and although they may have taken
place before he joined the conspiracy or after he left it.
Case Law
In cases of conspiracy better evidence than acts and statements of
coconspirators in pursuance of the conspiracy is hardly even available. AIR
1974 SC 898 = 1974 Cr. LJ 751.
Using of statement of a conspirator against another conspirator. AIR
1999 SC 2640. To attract the applicability of Section 10 of the Act Court
must have reasonable ground to believe that two or more persons had conspired
together for committing an offence. AIR 2001 SC 175. "In reference to
their common intention" meaning thereof. 2003 (3) SCC 641. 2005 (1) SCC
237.
11. When facts not otherwise relevant become relevant: Facts
not otherwise relevant are relevant,
(1) If they are inconsistent with any fact in issue or relevant fact;
(2) If by themselves or in connection with other facts they make
the existence or non-existence of any fact in issue or relevant fact highly
probable or improbable.
Illustrations
(a) The question is, whether A committed a crime at Calcutta on a
certain day.
The fact that, on that day. A was at Lahore is relevant.
The fact that, near the time when the crime was committed, A
was at a distance from the place where it was committed, which
would render it highly improbable, though not impossible, that he
committed it, is relevant.
[Sec. 11
13
(b) The question is, whether A committed a crime.
The circumstances are such that the crime must have been committed
either by A, B, C or D. Every fact which shows that the crime
could have been committed by no one else and that it was not
committed by either B, C or D, is relevant.
Case Law
For plea and proof of alibi. See 1972 SC 109 = 1972 Cr. LJ 22; AIR
1956 SC 460 = 1956 Cr LJ 827 ; AIR 1981 SC 911 = 1981 Cr LJ 618
AIR 1984 SC 63 = 1984 Cr LJ 4.
Alibi must be proved with absolute certainity, 1997 (4) SCC 496. Nature
and meaning of alibi and burden of proof thereof, 1997 (1) SCC 283.
Alibi a Latin expression, means and implies in common acceptation
elsewhere. AIR 2001 SC 3031.
Meaning of alibi - Explained. 2002 (1) SCC 702; 2002 (8) SCC 18;
2002 (8) SCC 165.
Alibi - not accepted. 2003 Cr. LJ 826. False Alibi. 2003 (9) SCC 86.
False plea of alibi. 2005 (12) SCC 267.
12. In suits for damages, facts tending to enable Court to
determine amount are relevant: In suits in which damages are claimed,
any fact which will enable the Court to determine the amount of damages,
which ought to be awarded, is relevant.
13. Facts relevant when right or custom is in question: Where
the question is as to the existence of any right or custom, the following
facts are relevant:
(a) any transaction by which the right or custom in question was
created, claimed, modified, recognised, asserted, or denied, or
which was inconsistent with its existence;
(b) particular instances in which the right or custom was claimed,
recognised or exercised, or in which its exercise was disputed,
asserted or departed from.
Illustration
The question is, whether A has a right to a fishery. A deed conferring
the fishery on As ancestors, a mortgage of the fishery by As father, a
subsequent grant of the fishery by As father, irreconcilable with the mortgage,
particular instances in which As father exercised the right, or in which the
exercise of the right was stopped by As neighbours, are relevant facts.
Of the Relevancy of Facts Sec. 13]
The Indian Evidence Act, 1872 14
Case Law
Judgment made in exercise of probate jurisdiction - Relevancy thereof
in a suit for redemption of mortagage discussed AIR 2008 P&H 129.
14. Facts showing existence of state of mind, or of body, or
bodily feeling: Facts showing the existence of any state of mind, such
as intention, knowledge, good faith, negligence, rashness, ill-will or good
- will towards any particular person, or showing the existence of any state
of body or bodily feeling, are relevant, when the existence of any such
state of mind or body or bodily feeling is in issue, or relevant.
Explanation 1: A fact relevant as showing the existence of a
relevant state of mind must show that the state of mind exists, not generally,
but in reference to the particular matter in question.
Explanation 2: But where, upon the trial of a person accused of
an offence, the previous commission by the accused of an offence is
relevant within the meaning of this section, the previous conviction of such
person shall also be a relevant fact.
Illustrations
(a) A is accused of receiving stolen goods knowing them to be stolen.
It is proved that he was in possession of a particular stolen article.
The fact that, at the same time, he was in possession of many other
stolen articles is relevant, as tending to show that he knew each
and all of the articles of which he was in possession to be stolen.
(b) A is accused of fraudulently delivering to another person a counterfeit
coin which, at the time when he delivered it, he knew to be
counterfeit.
The fact that, at the time of its delivery. A was possessed of a
number of other pieces of counterfeit coin is relevant.
The fact that, A had been previously convicted of delivering to
another person as genuine counterfeit coin knowing it to be counterfeit
is relevant.
(c) A sues B for damage done by a dog of Bs, which B knew to
be ferocious.
The facts that, the dog had previously bitten X, Y and Z, and that
they had made complaints to B, are relevant.
(d) The question is, whether A, the acceptor of a bill of exchange,
knew that the name of the payee was fictitious. The fact that,
A had accepted other bills drawn in the same manner before they
could have been transmitted to him by the payee if the payee had
been a real person, is relevant, as showing that A knew that the
payee was a fictitious person.
[Sec. 14
15
(e) A is accused of defaming B by publishing an imputation intended
to harm the reputation of B.
The fact of previous publications by A respecting B, showing ill
- will on the part of A towards B, is relevant, as proving As intention
to harm Bs reputation by the particular publication in question.
The facts that, there was no previous quarrel between A and B,
and that A repeated the matter complained of as he heard it, are
relevant, as showing that A did not intend to harm the reputation
of B.
(f) A is sued by B for fraudulently representing to B that C was solvent,
whereby B, being induced to trust C, who was insolvent, suffered
loss.
The fact that, at the time when A represented C to be solvent,
C was supposed to be solvent by his neighbours and by person
dealing with him, is relevant, as showing that A made the representation
in good faith.
(g) A is sued by B for the price of work done by B, upon a house
of which A is owner, by the order of C, a contractor.
As defence is that Bs contract was with C.
The fact that, A paid C for the work in question is relevant, as
proving that A did, in good faith, make over to C the management
of the work in question, so that C was in a position to contract
with B on Cs own account, and not as agent for A.
(h) A is accused of the dishonest misappropriation of property which
he had found, and the question is whether, when he appropriated
it, he believed in good faith that the real owner could not be found.
The fact that public notice of the loss of the property had been
given in the place where A was, is relevant, as showing that A
did not in good faith believe that the real owner of the property
could not be found.
The fact that A knew, or had reason to believe, that the notice
was given fraudulently by C, who had heard of the loss of the
property and wished to set up a false claim to it, is relevant as
showing that the fact that A knew of the notice did not disprove
As good faith.
(i) A is charged with shooting at B with intent to kill him. In order
to show As intent the fact of As having previously shot at B may
be proved.
(j) A is charged with sending threatening letters to B. Threatening letters
previously sent by A to B may be proved, as showing the intention
of the letters.
Of the Relevancy of Facts Sec. 14]
The Indian Evidence Act, 1872 16
(k) The question is, whether A has been guilty of cruelty towards B,
his wife.
Expressions of their feeling towards each other shortly before or
after the alleged cruelty are relevant facts.
(l) The question is, whether As death was caused by poison.
Statements made by A during his illness as to his symptoms are
relevant facts.
(m) The question is, what was the state of As health at the time an
assurance on his life was effected.
Statements made by A as to the state of his health at or near the
time in question, are relevant facts.
(n) A sues B for negligence in providing him with a carriage for hire
not reasonably fit for use, whereby A was injured.
The fact that Bs attention was drawn on other occasions to the
defect of that particular carriage is relevant.
The fact that B was habitually negligent about the carriages which
he let to hire is irrelevant.
(o) A is tried for the murder of B by intentionally shooting him dead.
The fact that, A on other occasions shot at B is relevant; as showing
his intention to shoot B.
The fact that, A was in the habit of shooting at people with intent
to murder them, is irrelevant.
(p) A is tried for a crime.
The fact that, he said something indicating an intention to commit
that particular crime is relevant.
The fact that, he said something indicating a general disposition
to commit crimes of that class is irrelevant.
15. Facts bearing on question whether act was accidental or
intentional: When there is a question whether an act was accidental
or intentional, or done with a particular knowledge or intention, the fact
that such act formed part of a series of similar occurrences, in each of
which the person doing the act was concerned, is relevant.
Illustrations
(a) A is accused of burning down his house in order to obtain money
for which it is insured.
[Sec. 15
17
The facts that A lived in several houses successively, each of which
he insured, in each of which a fire occurred, and after each of
which fires. A received payment from a different insurance office
are relevant as tending to show that the fires were not accidental.
(b) A is employed to receive money from the debtors of B. It is As
duty to make entries in a book showing the amounts received by
him. He makes an entry showing that on a particular occasion he
received less than he really did receive.
The question is, whether this false entry was accidental or intentional.
The facts that, other entries made by A in the same book are false,
and that the false entry is in each case in favour of A, are relevant.
(c) A is accused of fraudulently delivering to B a counterfeit rupee.
The question is, whether the delivery of the rupee was accidental.
The facts that, soon before or soon after the delivery to B, A
delivered counterfeit rupees to C,D and E are relevant, as showing
that the delivery to B was not accidental.
16. Existence of course of business when relevant: When there
is a question whether a particular act was done, the existence of any
course of business, according to which it naturally would have been done,
is a relevant fact.
Illustrations
(a) The question is, whether a particular letter was despatched.
The facts that it was the ordinary course of business for all letters
put in a certain place to be carried to the post, and that that particular
letter was put in that place, are relevant.
(b) The question is, whether a particular letter reached A.
The facts that it was posted in due course, and was not returned,
through the Dead Letters Office, are relevant.
Admissions
17. Admission defined: An admission is a statement,
1
[oral or
documentary or contained in electronic form], which suggests any inference
as to any fact in issue or relevant fact, and which is made by any of
the persons, and under the circumstances, hereinafter mentioned.
1. Subs. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
EVI2
Admissions Sec. 17]
The Indian Evidence Act, 1872 18
Case law
An admission is a missed question of fact and law. 2001(9) SCC 471.
Admission in pleading in another suit. AIR 2002 SC 504. Certificates issued
by Tahasildar-Admissibility 2008 (2) SCC 741.
18. Admission by party to proceeding or his agent: Statements
made by a party to the proceeding, or by an agent to any such party,
whom the Court regards, under the circumstances of the case, as expressly
or impliedly authorized by him to make them, are admissions.
By suitor in representative character: Statements made by
parties to suits, suing or sued in a representative character, are not
admissions, unless they were made while the party making them hold that
character.
Statements made by,
(1) By party interested in subject matter: Persons who have any
proprietary or pecuniary interest in the subject-matter of the proceeding,
and who make the statement in their character of persons so interested,
or
(2) By persons from whom interest derived: Persons from whom
the parties to the suit have derived their interest in the subject-matter of
the suit, are admissions, if they are made during the continuance of the
interest of the persons making the statements.
Case law
It is settled law that an admission made by a person whether amounting
to a confession or not cannot be split up and part of it used against him.
AIR 1952 SC 343 = 1952 SCJ 509.
19. Admissions by persons whose position must be proved as
against party to suit: Statements made by persons, whose position
or liability it is necessary to prove as against any party to the suit, are
admissions, if such statements would be relevant as against such persons
in relation to such position or liability in a suit brought by or against them,
and if they are made whilst the person making them occupies such position
or is subject to such liability.
Illustrations
A undertakes to collect rents for B.
[Sec. 19
19
B sues A for not collecting rent due from C to B.
A denies that rent was due from C to B.
A statement by C that he owed B rent is an admission, and is a relevant
fact as against A, if A denies that C did owe rent to B.
20. Admissions by persons expressly referred to by party to
suit: Statements made by persons to whom a party to the suit has
expressly referred for information in reference to a matter in dispute are
admissions.
Illustration
The question is, whether a horse sold by A to B is sound.
A says to B Go and ask C; C knows all about it. Cs statement
is an admission.
21. Proof of admissions against persons making them, and by
or on their behalf: Admissions are relevant and may be proved as
against the person who makes them, or his representative-in-interest; but
they cannot be proved by or on behalf of the person who makes them
or by his representative-in-interest, except in the following cases :
(1) An admission may be proved by or on behalf of the person
making it, when it is of such a nature that, if the person making it were
dead, it would be relevant as between third persons under Section 32.
(2) An admission may be proved by or on behalf of the person
making it, when it consists of a statement of the existence of any state
of mind or body, relevant or in issue, made at or about the time when
such state of mind or body existed, and is accompanied by conduct
rendering its falsehood improbable.
(3) An admission may be proved by or on behalf of the person
making it, if it is relevant otherwise than as an admission.
Illustrations
(a) The question between A and B is, whether a certain deed is or
is not forged. A affirms that it is genuine, B that it is forged.
A may prove a statement by B that the deed is genuine, and B
may prove a statement by A that the deed is forged; but A cannot
prove a statement by himself that the deed is genuine, nor can
B prove a statement by himself that the deed is forged.
Admissions Sec. 21]
The Indian Evidence Act, 1872 20
(b) A, the captain of a ship, is tried for casting her away.
Evidence is given to show that the ship was taken out of her proper
course.
A produces a book kept by him in the ordinary course of his
business showing observations alleged to have been taken by him
from day to day, and indicating that the ship was not taken out
of her proper course. A may prove these statements, because they
would be admissible between third parties, if he were dead, under
Section 32, Clause (2).
(c) A is accused of a crime committed by him at Calcutta.
He produces a letter written by himself and dated at Lahore on
that day, and bearing the Lahore post-mark of that day.
The statement in the date of the letter is admissible, because, if
A were dead, it would be admissible under Section 32, Clause (2).
(d) A is accused of receiving stolen goods knowing them to be stolen.
He offers to prove that he refused to sell them below their value.
A may prove these statements, though they are admissions, because
they are explanatory of conduct influenced by facts in issue.
(e) A is accused of fraudulently having in his possession counterfeit
coin which he knew to be counterfeit.
He offers to prove that he asked a skilful person to examine the
coin as he doubted whether it was counterfeit or not, and that
the person did examine it and told him it was genuine.
A may prove these facts for the reasons stated in the last preceding
illustration.
Case Law
Court is not competent to accept only the inculpatory part while rejecting
exculpatory part as inherently incredible, AIR 1952 SC 354 = 1952 SCJ 545.
FIR not a confession can be used as admission, AIR 1964 SC 1850
= 1964 Cr.LJ 774.
Admission if not explained can be relevant evidence. AIR 2001 SC
1237.
22. When oral admissions as to contents of documents are
relevant: Oral admissions as to the contents of a document are not
relevant, unless and until the party proposing to prove them shows that
he is entitled to give secondary evidence of the contents of such
[Sec. 22
21
document under the rules hereinafter contained, or unless the genuineness
of a document produced is in question.
1
[22A. When oral admission as to contents of electronic records
are relevant: Oral admissions as to the contents of electronic records
are not relevant, unless the genuineness of the electronic record produced
is in question.]
23. Admissions in civil cases, when relevant: In civil cases no
admission is relevant, if it is made either upon an express condition that
evidence of it is not to be given, or under circumstances from which the
Court can infer that the parties agreed together that evidence of it should
not be given.
Explanation: Nothing in this Section shall be taken to exempt any
barrister, pleader, attorney or vakil from giving evidence of any matter
of which he may be compelled to give evidence under Section 126.
24. Confession caused by inducement, threat or promise, when
irrelevant in criminal proceeding: A confession made by an accused
person is irrelevant in a criminal proceeding, if the making of the confession
appears to the Court to have been caused by any inducement, threat
or promise, having reference to the charge against the accused person,
proceeding from a person in authority and sufficient, in the opinion of
the Court, to give the accused person grounds which would appear to
him reasonable, for supposing that by making it he would gain any
advantage or avoid any evil of a temporal nature in reference to the
proceedings against him.
Case Law
For confession see AIR 1952 SC 354 = 1952 SCJ 545 ; AIR 1956
SC 56 = 1956 Cr. LJ 152. AIR 1957 SC 381 = 1957 Cr. LJ 559 ; AIR
1960 SC 409 = 1960 Cr. LJ 544 ; AIR 1966 SC 40 = 1966 Cr. LJ 68;
AIR 1975 SC 898 = 1975 Cr. LJ 774 ; AIR 1985 SC 48 = 1985 (1) SCC
505. For extra Judicial confession see AIR 1981 SC 2007 = 1981 Cr. LJ
1688 ; AIR 1982 SC 1595 = 1982 (3) SCC 351 ; AIR 1985 SC 48 = 1985
(1) SCC 505; AIR 1996 SC 607.
For retracted confession see AIR 1985 SC 866 = 1985 (2) SCC 341;
AIR 1973 SC 264 = 1973 Cr. LJ 280. Meaning and scope of accused
explained, 1997 (3) SCC 721. For Extra Judicial Confession, See 1997 (1)
SCC 272 ; 1997(1) SCC 510. Confession before stranger Not to be relied
1. Ins. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
Admissions Sec. 24]
The Indian Evidence Act, 1872 22
as Extra Judicial Confession. 1997 (2) ALD (Cri) 363 (AP). Extra judicial
confession admissible in evidence. 1999 (7) SCC 714; AIR 2000 SC 369.
Doubtful extra judicial confession. AIR 1999 SC 3227. An alleged judicial
confession proved to have not been legally recorded cannot be used as extra
judicial confession. AIR 2001 SC 1512. Post recovery judicial confession
- How far can be relied upon - Explained. 2001 (6) SCC 550.
Appear to him meaning. 2003 (8) SCC 180.
Extra Judicial confession to V.A.O. inadmissible. AIR 2006 SC 653.
Retracted confession Corroboration What is confession Explained.
2005 Cr.LJ 3950.
Confessional statment, accepted in Section 313 Cr.PC examination is
admissible. AIR 2007 SC 848.
Extra Judicial confession to be appreciated depending upon the fact
situation of a given case. 2007 (2) SCC (Cri.) 115.
The expression "the Court may take into consideration such confession"
is significant. It signifies that such confession by the maker as against the
co-accused himself shoul be treated as a piece of corroborative evidence.
In the absence of any substantive evidence, no judgment of conviction can
be recorded only on the basis of confession of a co-accused, be it extra
Judicial confession or a Judicial confession and least of all on the basis of
retracted confession. AIR 2007 SC 848. Reliability of extra judicial confession-
stated AIR 2009 SC 1012. Voluntary nature of confession-discussed AIR 2008
SC 2819
25. Confession to police officer not to be proved: No confession
made to a police officer shall be proved as against a person accused
of any offence.
Case Law
Any confessional or in communicating statement recorded by RPF officer
cannot be excluded from evidence. AIR 1981 SC 379 = 1980 (4) SCC 600
Letter to police officer by accused though contains confession is admissible
AIR 1966 SC 1906 = 1966 Cr. LJ 1519.
Customs officials are not Police Officers, 1997 (1) SCC 508. Confession
by deliquent made to police can be used by disciplinary authority since rules
of evidence are not applicable to departmental proceedings, AIR 1997 SC 79.
Reserve Police Officer under Bombay SRPF Act, 1951 not a Police Officer,
1997(6) SCC 514.
Confession to police inadmissible. AIR 2006 SC 1800.
26. Confession by accused while in custody of police not to
be proved against him: No confession made by any person whilst
he is in the custody of a police officer, unless it be made in the immediate
presence of a Magistrate, shall be proved as against such person.
[Sec. 26
23
Explanation: In this Section Magistrate does not include the head
of a village discharging magisterial functions in the Presidency of Fort St.
George or elsewhere, unless such headman is a Magistrate exercising the
powers of a Magistrate under the Code of Criminal Procedure, 1882.
1
27. How much of information received from accused may be
proved: Provided that, when any fact is deposed to as discovered
in consequence of information received from a person accused of any
offence, in the custody of a police officer, so much of such information,
whether it amounts to a confession or not, as relates distinctly to the fact
thereby discovered, may be proved.
Case Law
Section 27 is an exception to Secs. 25 and 26, 1981 Cr. LJ 430.
Conditions necessary for applicability of Section 27. AIR 1983 SC 446; 1984
Cr. LJ 536; 1987 Cr. LJ 1027; 1986 (3) Crimes 454.
Statement of fact already discovered not admissible, 1997 (6) SCC 171.
Discovery of bottle not distinctly connected with the commission of the
offence Not admissible. 1997 (2) ALD (Cri.) 363 (AP). Inculpatory statement
to a police officer admissible in evidence. AIR 1999 SC 1293.
Open or accessible to others Meaning of. AIR 1999 SC 1293. Court
is expected to be vigilent about application of Sec.27 of the Act. AIR 2001
SC 979. Recovery of articles and one of them found in tall grass. AIR 2002
SC 16.
Section 27 Evidence Act is in the nature of proviso to Sections 25 and
26 of the Act. AIR 2002 SC 733. Recovery of object is not discovery of
fact. AIR 2002 SC 3164. Fact discovered. 2003 (5) SCC 499. Disclosure
statement. 2004 SCC (Cri.) 126: 2003 (9) SCC 277: 2003 (3) SCC 353.
Recovery of Air gun proved ownership falls to back seat. AIR 2006
SC 653. Credibility of evidence of recovery. AIR 2006 SC 204. Disclosure
statement Admissibility. 2005 (11) SCC 600.Requirements for applicability
of Section 27 of the Act explained 2008 (3) SCC 210
28. Confession made after removal of impression caused by
inducement, threat or promise, relevant: If such a confession as
is referred to in Section 24, is made after the impression caused by any
such inducement, threat or promise has, in the opinion of the Court, been
fully removed, it is relevant.
29. Confession otherwise relevant not to become irrelevant
because of promise of secrecy, etc.: If such a confession is otherwise
relevant, it does not become irrelevant merely because it was made under
a promise of secrecy, or in consequence of a deception practised on the
accused person for the purpose of obtaining it, or when he was drunk,
Admissions Sec. 29]
The Indian Evidence Act, 1872 24
or because it was made in answer to questions which he need not have
answered, whatever may have been the form of those questions, or
because he was not warned that he was not bound to make such
confession, and that evidence of it might be given against him.
30. Consideration of proved confession affecting person making
it and others jointly under - trial for same offence: When more
persons than one are being tried jointly for the same offence, and a
confession made by one of such persons affecting himself and some other
of such persons is proved, the Court may take into consideration such
confession as against such other persons as well as against the person
who makes such confession.
Explanation: Offence as used in this Section, includes the abetment
of, or attempt to commit, the offence.
Illustrations
(a) A and B are jointly tried for the murder of C, it is proved that
A said- B and I murdered C. The Court may consider the effect
of this confession as against B.
(b) A is on his trial for the murder of C. There is evidence to show
that C was murdered by A and B, and that B said - A and I
murdered C.
This Statement may not be taken into consideration by the Court
against A, as B is not being jointly tried.
Case Law
For confession of accused, See 1984 Cr. LJ 1055 ; 1987 (1) Crimes
894; 1987 Cr. LJ 789 ; 1960 Cr. LJ 566 ; 1970 MLJ (Cr.i.) 68.
Confession of co-accused cannot be sole basis of conviction. AIR 2005
SC 4352.
Retracted confession using against co-accused. 2005 Cr.L.J. 3950.
31. Admissions not conclusive proof, but may estop: Admissions
are not conclusive proof of the matters admitted but they may operate
as estoppels under the provisions hereinafter contained.
Statements by Persons who cannot be
called as Witnesses
32. Cases in which statement of relevant fact by person who
is dead or cannot be found, etc., is relevant: Statements, written
[Sec. 32
25
or verbal, of relevant facts made by a person who is dead, or who cannot
be found, or who has become incapable of giving evidence, or whose
attendance cannot be procured, without an amount of delay or expense,
which, under the circumstances of the case, appears to the Court
unreasonable, are themselves relevant facts in the following cases,
(1) When it relates to cause of death: When the statement is
made by a person as to the cause of his death, or as to any of the
circumstances of the transaction which resulted in his death, in cases in
which the cause of that persons death comes into question.
Such statements are relevant whether the person who made them
was or was not, at the time when they were made, under expectation
of death, and whatever may be the nature of the proceeding in which
the cause of his death comes into question.
(2) Or is made in course of business: When the statement was
made by such person in the ordinary course of business, and in particular
when it consists of any entry or memorandum made by him, in books
kept in the ordinary course of business, or in the discharge of professional
duty; or of an acknowledgement written or signed by him of the receipt
of money, goods, securities or property of any kind; or of a document
used in commerce written or signed by him; or of the date of a letter
or other document usually dated, written or signed by him.
(3) Or against interest of maker: When the statement is against
the pecuniary or proprietary interest of the person making it, or when,
if true, it would expose him, or would have exposed him to a criminal
prosecution or to a suit for damages.
(4) Or gives opinion as to a public right or custom or matters
of general interest: When the statement gives the opinion of any such
person, as to the existence of any public right or custom or matter of
public or general interest, of the existence of which, if it existed, he would
have been likely to be aware, and when such statement was made before
any controversy as to such right, custom or matter had arisen.
(5) Or relates to existence of relationship: When the statement
relates to the existence of any relationship by blood, marriage or adoption
between persons as to whose relationship by blood, marriage or adoption
the person making the statement had special means of knowledge, and
when the statement was made before the question in dispute was raised.
Statements by Persons who cannot ... Sec. 32]
The Indian Evidence Act, 1872 26
(6) Or is made in will or deed relating to family affairs: When
the statement relates to the existence of any relationship by blood, marriage
or adoption between persons deceased, and is made in any will or deed
relating to the affairs of the family to which any such deceased person
belonged, or in any family pedigree, or upon any tombstone, family portrait
or other thing on which such statements are usually made, and when such
statement was made before the question in dispute was raised.
(7) Or in document relating to transaction mentioned in Section
13, Clause (a): When the statement is contained in any deed, will or
other document which relates to any such transaction as is mentioned in
Section 13, Clause (a).
(8) Or is made by several persons and expresses feelings relevant
to matter in question: When the statement was made by a number
of persons, and expressed feelings or impressions on their part relevant
to the matter in question.
Illustrations
(a) The question is, whether A was murdered by B ; or
A dies of injuries received in a transaction in the course of which
she was ravished. The question is, whether she was ravished by
B; or
The question is, whether A was killed by B under such circumstances
that a suit would lie against B by As widow.
Statements made by A as to the cause of his or her death, referring
respectively to the murder, the rape and the actionable wrong under
consideration, are relevant facts.
(b) The question is, as to the date of As birth.
An entry in the diary of a deceased surgeon, regularly kept in the
course of business, stating that, on a given day, he attended As
mother and delivered her of a son, is a relevant fact.
(c) The question is, whether A was in Calcutta on a given day.
A statement in the diary of a deceased solicitor, regularly kept in
the course of business, that on a given day, the solicitor attended
A at a place mentioned, in Calcutta, for the purpose of conferring
with him upon specified business, is a relevant fact.
(d) The question is, whether a ship sailed from Bombay harbour on
a given day.
[Sec. 32
27
A letter written by a deceased member of a merchants firm, by
which she was chartered to their correspondents in London, to
whom the cargo was consigned, stating that the ship sailed on a
given day from Bombay harbour, is a relevant fact.
(e) The question is, whether rent was paid to A for certain land.
A letter from As deceased agent to A, saying that he had received
the rent on As account and held it at As orders, is a relevant
fact.
(f) The question is, whether A and B were legally married.
The statement of a deceased clergyman that he married them under
such circumstances that the celebration would be a crime, is
relevant.
(g) The question is, whether A, a person who cannot be found, wrote
a letter on a certain day.
The fact that a letter written by him is dated on that day, is relevant.
(h) The question is, what was the cause of the wreck of a ship.
A protest made by the Captain, whose attendance cannot be procured,
is a relevant fact.
(i) The question is, whether a given road is a public way.
A statement by A, a deceased headman of the village, that the
road was public, is a relevant fact.
(j) The question is, what was the price of grain on a certain day in
a particular market.
A statement of the price made by a deceased banya in the ordinary
course of his business is a relevant fact.
(k) The question is, whether A, who is dead, was the father of B.
A statement by A that B was his son, is a relevant fact.
(l) The question is, what was the date of the birth of A.
A letter from As deceased father to a friend, announcing the birth
of A on a given day, is a relevant fact.
(m) The question is, whether, and when A and B were married.
An entry in a memorandum book by C, the deceased father of
B, of his daughters marriage with A on a given date, is a relevant
fact.
(n) A sues B for a libel expressed in a painted caricature exposed in
a shop window.
Statements by Persons who cannot ... Sec. 32]
The Indian Evidence Act, 1872 28
The question is as to the similarity of the caricature and its libellous
character. The remarks of a crowd of spectators on these points
may be proved.
Case Law
For dying declarations see AIR 1985 SC 416; 1953 Cr. LJ 1772; 1980
(2) SCC 207; AIR 1962 SC 439; AIR 1970 SC 1566; AIR 1972 SC 1776.
When dying declaration was made before Magistrate and it was made in proper
form it will have evidentiary value, 1997 (1) ALT (Crl.) 730. Recording dying
declaration Explained, 1997(2) ALT (Crl.) 743; 1997(2) ALT (Crl.) 276.
Three dying declarations Supported by natural and probable witnesses
Such declarations cannot be said to be a result of tutoring by interested party,
1997 (3) SCC 596. Conditions to be satisfied for admissibility of statement
by a person who is dead, 1997 (4) SCC 161.
Dying declaration by S.H.O. S.H.O. not certifying that maker was
in a fit condition Cannot be accepted as a true dying declaration, 1997
(4) SCC 156. Head constable recording statement for registering case after
getting doctor certificate about condition of injured - On facts dying declaration
can be relied upon, 1997 (1) SCC 481. Dying declaration Doctor not
examined Not fatal. 1997 (1) ALD (Cri.) 577 (AP). Inconsistences in dying
declaration. AIR 1999 SC 3227; AIR 1999 SC 2571; AIR 1999 SC 3062;
1999 (8) SCC 458. Dying declaration Under Indian and English law
Explained. AIR 1999 SC 3062. Admissibility of dying declaration. 1999 (6)
SCC 63; 1998 (8) SCC 161; 1999 Cr.L.J. 4582. State of mind. 1999 (7)
SCC 695; 1999 (6) SCC 545; AIR 1999 SC 3255.
Reliability and admissibility of dying declaration. See: AIR 2001 SC 2383;
AIR 2001 SC 2124; AIR 2001 SC 1814; 2001 (9) SCC 618; 2001 (9) SCC
252; Doubtful circumstances of dying declaration. 2003 (1) SCC 112. Delay
in recording dying declaration. 2003 (1) SCC 637. Essentials - AIR 2003
SC 199; AIR 2003 SC 1014; AIR 2003 SC 209; AIR 2003 SC 2859; AIR
2003 SC 265; 2003 (1) SCC 73; AIR 2003 SC 4466. Dying declaration
Reliability. AIR 2006 SC 1448; AIR 2006 SC 1319; AIR 2006 SC 1773.
Dying declaration Principles. AIR 2005 SC 1277; 2005 (10) SCC 259;
2005 (10) SCC 737; AIR 2004 SC 1616; 2005 (12) SCC 287. Dying declaration
recorded by doctor corroborated by other attending circumstances, conviction
recorded by trial Court restored, setting aside the order of High Court. 2007
(1) SCC (Cri.) 95. Statement made on the strength of what she learnt from
her husband inadmissible. 2007 (2) SCC (Cri.) 122.
Contradictory dying declarations 2008 (2) SCC 516. Credibility of dying
declarations explained 2008 (4) SCC 265. Multiple dying declarations See 2008
(4) SCC 511. ASI recording dying declaration See 2008 (3) SCC 691. Reliability
of dying declaration AIR 2008 SC 1500, AIR 2008 SC 1426, AIR 2008 SC
1362, AIR 2008 SC 1505, AIR 2008 SC 1558.
[Sec. 32
29
33. Relevancy of certain evidence for proving, in subsequent
proceeding, the truth of facts therein stated: Evidence given by a
witness in a judicial proceeding, or before any person authorized by law
to take it, is relevant for the purpose of proving, in a subsequent judicial
proceeding, or in a later stage of the same judicial proceeding, the truth
of the facts which it states, when the witness is dead or cannot be found,
or is incapable of giving evidence, or is kept out of the way by the adverse
party, or if his presence cannot be obtained without an amount of delay
or expense which, under the circumstances of the case, the Court considers
unreasonable :
Provided:
that the proceeding was between the same parties or their
representatives in interest;
that the adverse party in the first proceeding had the right and
opportunity to cross-examine;
that the questions in issue were substantially the same in the first
as in the second proceeding.
Explanation: A criminal trial or inquiry shall be deemed to be a
proceeding between the prosecutor and the accused within the meaning
of this Section.
Case Law
Statement of witness recorded under Sec. 299 Cr.P.C. before arrest can
be utilised in trial after arrest only if the witness died or is not available
or any other conditions specified in Sec. 299 Cr.P.C. AIR 2000 SC 1416.
Statements made under Special Circumstances
1
[34. Entries in books of account including those maintained
in an electronic from] when relevant:
1
[Entries in the books of
account, including those maintained in an electronic form] regularly kept
in the course of the business, are relevant whenever they refer to a matter
into which the Court has to inquire, but such statements shall not alone
be sufficient evidence to charge any person with liability.
Illustration
A sues B for Rs. 1,000 and shows entries in his account books showing
B to be indebted to him to this amount. The entries are relevant, but are
not sufficient, without other evidence, to prove the debt.
1. Subs. for "Entries in the book of account" by Act 21 of 2000, S.92 and Sch. II, w.e.f.
17-10-2000.
Statements made u/Special Circumstances Sec. 34]
The Indian Evidence Act, 1872 30
Case Law
Register kept at counter of hotel - Not book of accounts unless
it pertains to pecuniary transactions. AIR 2001 SC 93. Yearwise entries
in books of accounts. AIR 2003 SC 4548.
35. Relevancy of entry in public record, made in performance
of duty: An entry in any public or other official book, register or
1
[record
or an electronic record], stating a fact, in issue or relevant fact, and made
by a public servant in the discharge of his official duty, or by any other
person in performance of a duty specially enjoined by the law of the
country in which such book, register, or
1
[record or an electronic record]
is kept, is itself a relevant fact.
Case Law
Admission register kept by school Value that can be attached
Explained. 2001 (5) SCC 714. School register Proof of age of prosecutrix.
AIR 2006 SC 1746. Reliability of school leaving certificate for date of birth.
AIR 2006 SC 2157.
Birth register maintained by police station as per police rules 2008 (2)
SCC 186. Evidentiary value of entry in voters' list AIR 2009 SC 314.
36. Relevancy of statements in maps, charts and plans:
Statements of facts in issue or relevant facts, made in published maps
or charts generally offered for public sale, or in maps or plans made under
the authority of the Central Government or any State Government, as
to matters usually represented or stated in such maps, charts or plans,
are themselves relevant facts.
37. Relevancy of statement as to fact of public nature, contained
in certain Acts or Notifications: When the Court has to form an
opinion as to the existence of any fact of a public nature, any statement
of it, made in a recital contained in any Act of Parliament, of the United
Kingdom or in any Central Act, Provincial Act or a State Act or in a
Government notification or notification by the Crown Representative
appearing in the Official Gazette or in any printed paper purporting to
be the London Gazette or the Government Gazette of any Dominion,
Colony or possession of his Majesty, is a relevant fact.
1. Subs. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
[Sec. 37
31
38. Relevancy of statements as to any law contained in law
books: When the Court has to form an opinion as to a law of any
country, any statement of such law contained in a book purporting to
be printed or published under the authority of the Government of such
country and to contain any such law, and any report of a ruling of the
Courts of such country contained in a book purporting to be a report
of such rulings, is relevant.
How much of a Statement is to be Proved
1
[39. What evidence to be given when statement forms part
of a conversation, document, electronic record, book or series of
letters or papers: When any statement of which evidence is given forms
part of a longer statement, or of a conversation or part of an isolated
document, or is contained in a document which forms part of a book,
or is contained in part of electronic record or of a connected series of
letters or papers, evidence shall be given of so much and no more of
the statement, conversation, document, electronic record, book or series
of letters or papers as the Court considers necessary in that particular
case to the full understanding of the nature and effect of the statement,
and of the circumstances under which it was made.]
Judgments of Courts of Justice when relevant
40. Previous judgments relevant to bar a second suit or trial:
The existence of any judgment, order or decree which by law prevents
any Court from taking cognizance of a suit or holding a trial, is a relevant
fact when the question is whether such Court ought to take cognizance
of such suit, or to hold such trial.
Case Law
Judgments of Criminal Courts Not conclusive proof to decide disputes
in Civil Suits, 1997 (3) ALD 741 = 1997(3) ALT 562.
41. Relevancy of certain judgments in probate, etc.,
jurisdiction: A final judgment, order or decree of a competent
Court, in the exercise of probate, matrimonial, admiralty or insolvency
jurisdiction, which confers upon or takes away from any person any
legal character, or which declares any person to be entitled to any
such character, or to be entitled to any specific thing, not as against any
1. Subs. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
Judgments of Courts of Justice when relevant Sec. 41]
The Indian Evidence Act, 1872 32
specified person but absolutely, is relevant when the existence of any such
legal character, or the title of any such person to any such thing, is relevant.
Such judgment, order or decree is conclusive proof,
that any legal character which it confers accrued at the time when
such judgment, order or decree came into operation;
that any legal character, to which it declares any such person, to
be entitled, accrued to that person at the time when such judgment, order
or decree declares it to have accrued to that person;
that any legal character which it takes away from any such person
ceased at the time from which such judgment, order or decree declared
that it had ceased or should cease;
and that anything to which it declares any person to be so entitled
was the property of that person at the time from which such judgment,
order or decree declares that it had been or should be his property.
Case Law
Judgment in Election petition not specifically recognized by Section 41.
AIR 2006 SC 543.
42. Relevancy and effect of judgments, orders or decrees,
other than those mentioned in Section 41: Judgments, orders or
decrees other than those mentioned in Section 41, are relevant if they
relate to matters of a public nature relevant to the enquiry; but such
judgments, orders or decrees are not conclusive proof of that which they
state.
Illustration
A sues B for trespass on his land. B alleges the existence of a public
right of way over the land, which A denies.
The existence of a decree in favour of the defendant, in a suit by A
against C for a trespass on the same land, in which C alleged the existence
of the same right of way, is relevant, but it is not conclusive proof that
the right of way exists.
43. Judgments, etc., other than those mentioned in Sections
40 to 42, when relevant: Judgments, orders or decrees, other than
those mentioned in Sections 40, 41 and 42 are irrelevant, unless the
existence of such judgment, order or decree is a fact in issue, or is relevant
under some other provisions of this Act.
[Sec. 43
33
Illustrations
(a) A and B separately sue C for a libel which reflects upon each of
them. C in each case says that the matter alleged to be libellous
is true, and the circumstances are such that it is probably true
in each case, or in neither.
A obtains a decree against C for damages on the ground that C
failed to make out his justification. The fact is irrelevant as between
B and C.
(b) A prosecutes B for adultery with C, As wife.
B denies that C is As wife, but the Court convicts B of adultery.
Afterwards, C is prosecuted for bigamy in marrying B during As
life time, C says that she never was As wife.
The judgment against B is irrelevant as against C.
(c) A prosecutes B for stealing a cow from him, B is convicted. A
afterwards sues C for the cow, which B had sold to him before
his conviction. As between A and C, the judgment against B is
irrelevant.
(d) A has obtained a decree for the possession of land against B. C,
Bs son, murders A in consequences.
The existence of the judgment is relevant, as showing motive for
a crime.
(e) A is charged with theft and with having been previously convicted
of theft. The previous conviction is relevant as a fact in issue.
(f) A is tried for the murder of B. The fact that B prosecuted A for
libel and that A was convicted and sentenced is relevant under
Section 8 as showing the motive for the fact in issue.
Case Law
Judgment of Criminal Court not binding on civil court. 2004 (1) SCC 438.
44. Fraud or collusion in obtaining judgment, or incompetency
of Court, may be proved: Any party to a suit or other proceeding
may show that any judgment, order or decree which is relevant under
Section 40, 41 or 42 and which has been proved by the adverse party,
was delivered by a Court not competent to deliver it, or was obtained
by fraud or collusion.
Opinions of Third Persons when relevant
45. Opinions of experts: When the Court has to form an opinion
upon a point of foreign law, or of science, or art, or as to identity of
EVI3
Judgments of Courts of Justice when relevant Sec. 45]
The Indian Evidence Act, 1872 34
handwriting or finger-impressions, the opinions upon that point of persons
specially skilled in such foreign law, science or art, or in questions as
to identify of handwriting or finger-impressions are relevant facts.
Such persons are called experts.
Illustrations
(a) The question is, whether the death of A was caused by poison.
The opinions of experts as to the symptoms produced by the poison
by which A is supposed to have died, are relevant.
(b) The question is, whether A, at the time of doing a certain act,
was, by reason of unsoundness of mind, incapable of knowing the
nature of the act, or that he was doing what was either wrong
or contrary to law.
The opinions of experts upon the question whether the symptoms
exhibited by A commonly show unsoundness of mind, and whether
such unsoundness of mind usually renders persons incapable of
knowing the nature of the acts which they do, or of knowing that
what they do is either wrong or contrary to law, are relevant.
(c) The question is, whether a certain document was written by A.
Another document is produced, which is proved or admitted to
have been written by A.
The opinions of experts on the question whether the two documents
were written by the same person or by different persons, are
relevant.
Case Law
For expert evidence see 1958 Cr. LJ 574 ; 1981 Cr. LJ 23; 1987 Cr.
LJ 224 ; 1975 (1) SCC 797. Where two doctors give conflicting opinion,
opinion of doctor who examined the injured or held post mortem examination
to be preferred, 1997 (7) SCC 156.
Foot prints identification not a fully developed science, AIR 1997 SC
2960. Conflict between ocular and medical evidence. 1998 SCC (Cri.) 886.
Evidentuary value of expert opinion. AIR 1999 SC 3318; AIR 1999 SC 2416;
1999 SCC (Cri.) 345; 1999 (4) Crimes 233 (SC); AIR 2000 SC 715.
Discrepancy between opinions of doctors Appreciation thereof. 2001
(1) SCC 652. Direct evidence v. Medical evidence Appreciation thereof. 2001
(7) SCC 318. Opinion relating to age. 2001 (5) SCC 714. Opinion of Finger
prints. 2001 (6) SCC 205. Opinion of handwriting expert may be relied upon
if supported by other evidence. 2003 (1) SCC 21. Proof of letter - opinion
of hand writing expert. AIR 2003 SC 2987.
[Sec. 45
35
Age of prosecutrix Expert opinion. AIR 2006 SC 508. Meaning of
"admitted" Explained. AIR 2006 Cal. 109. Medical evidence Ocular
evidence. AIR 2005 SC 1929. Thumb impression on sale deed-Authenticity
thereof 2008 (4) SCC 530.
1
[45A. Opinion of Examiner of Electronic Evidence: When in a
proceeding, the Court has to from an opinion on any matter relating to any
information transmitted or stored in any computer resource or any other
electronic or digital form, the opinion of the Examiner of Electronic Evidence
referred to in section 79A of the Information Technology Act, 2000 (21 of
2000), is a relevant fact.
Explanation:For the purposes of this section, an Examiner of Electronic
Evidence shall be an expert.]
46. Facts bearing upon opinions of experts: Facts, not otherwise
relevant, are relevant if they support or are inconsistent with the opinions
of experts, when such opinions are relevant.
Illustrations
(a) The question is, whether A was poisoned by a certain poison.
The fact that other persons, who were poisoned by that poison,
exhibited certain symptoms which experts affirm or deny to be
the symptoms of that poison, is relevant.
(b) The question is, whether an obstruction to a harbour is caused
by a certain sea-wall.
The fact that other harbours similarly situated in other respects,
but where there were no such sea-walls, began to be obstructed
at about the same time, is relevant.
47. Opinion as to handwriting, when relevant: When the Court
has to form an opinion as to the person by whom any document was
written or signed, the opinion of any person acquainted with the handwriting
of the person by whom it is supposed to be written or signed that it
was or was not written or signed by that person, is a relevant fact.
Explanation: A person is said to be acquainted with the handwriting
of another person when he has seen that person write, or when he has
received documents purporting to be written by that person in answer to
documents written by himself or under his authority and addressed to that
person, or when, in the ordinary course of business, documents purporting
to be written by that person have been habitually submitted to him.
Opinions of Third Persons when relevant Sec. 47]
1. Ins. by the Information Technology (Amendment) Act, 2008 (10 of 2009), S. 52(b).
w.e.f. 27-10-2009.
The Indian Evidence Act, 1872 36
Illustrations
The question is, whether a given letter is in the handwriting of A, a
merchant in London.
B is a merchant in Calcutta, who has written letters, addressed to A
and received letters purporting to be written by him. C is Bs clerk, whose
duty it was to examine and file Bs correspondence, D is Bs broker to whom
B habitually submitted the letters purporting to be written by A for the purpose
of advising him thereon.
The opinions of B, C and D on the question whether the letter is in
the handwriting of A are relevant, though neither B, C nor D ever saw
A write.
1
[47A. Opinion as to
2
[electronic signature] when relevant:
When the Court has to form an opinion as to the
2
[electronic signature]
of any person, the opinion of the Certifying Authority which has issued
the
3
[Electronic Signature Certificate] is a relevant fact.]
48. Opinion as to existence of right or custom, when relevant:
When the Court has to form an opinion as to the existence of any general
custom or right, the opinions, as to the existence of such custom or right,
of persons who would be likely to know of its existence if it existed,
are relevant.
Explanation: The expression general custom or right includes
customs or rights common to any considerable class of persons.
Illustration
The right of the villagers of a particular village to use the water of
a particular well is a general right within the meaning of this Section.
49. Opinions as to usages, tenets, etc., when relevant: When
the Court has to form an opinion as to
the usages and tenets of any body of men or family;
the Constitution and Government of any religious or charitable
foundation; or
1. Subs. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
2. Subs. for "digital signature" by the Information Technology (Amendment) Act, 2008
(10 of 2009), S. 52(c)(i), w.e.f. 27-10-2009.
3. Subs. for "Digital Signature Certificate" by the Information Technology (Amendment)
Act, 2008 (10 of 2009), S. 52(c)(ii), w.e.f. 27-10-2009.
[Sec. 49
37
the meaning of words or terms used in particular districts or by
particular classes of people;
the opinions of persons having special means of knowledge thereon,
are relevant facts.
50. Opinion on relationship, when relevant: When the Court
has to form an opinion as to the relationship of one person to another,
the opinion, expressed by conduct, as to the existence of such relationship,
of any person who, as a member of the family or otherwise, has special
means of knowledge on the subject, is a relevant fact :
Provided that such opinion shall not be sufficient to prove a marriage
in proceedings under the Indian Divorce Act, 1869 (4 of 1869), or in
prosecutions under Section 494, 495, 497 or 498 of the Indian Penal
Code (45 of 1860).
Illustrations
(a) The question is, whether A and B were married.
The fact that they were usually received and treated by their friends
as husband and wife, is relevant.
(b) The question is, whether A was the legitimate son of B. The fact
that A was always treated as such by members of the family, is
relevant.
Case Law
Opinion of witness-Relationship AIR 2008 SC 1512
51. Grounds of opinion, when relevant: Whenever the opinion
of any living person is relevant, the grounds on which such opinion is
based are also relevant.
Illustration
An expert may give an account of experiments performed by him for
the purpose of forming his opinion.
Character when relevant
52. In civil cases character to prove conduct imputed, irrelevant:
In civil cases, the fact that the character of any person concerned is such
as to render probable or improbable any conduct imputed to him, is
irrelevant, except in so far as such character appears from facts otherwise
relevant.
Character when relevant Sec. 52]
The Indian Evidence Act, 1872 38
Case Law
Normally bad character of accused is not relevant unless he gives
evidence of good character and as rebuttal evidence of bad character can
be adduced. AIR 1977 SC 1936 = 1977 Cr. LJ 1566.
53. In criminal cases, previous good character relevant: In
criminal proceedings, the fact that the person accused is of a good
character, is relevant.
54. Previous bad character not relevant, except in reply: In
criminal proceedings the fact that the accused person has a bad character
is irrelevant, unless evidence has been given that he has a good character,
in which case it becomes relevant.
Explanation 1: This section does not apply to cases in which the
bad character of any person is itself a fact in issue.
Explanation 2: A previous conviction is relevant as evidence of
bad character.
55. Character as affecting damages: In civil cases, the fact that
the character of any person is such as to affect the amount of damages
which he ought to receive, is relevant.
Explanation: In Sections 52, 53, 54 and 55, the word character
includes both reputation and disposition ; but, except as provided in
Section 54, evidence may be given only of general reputation and general
disposition, and not of particular acts by which reputation or disposition
were shown.
PART II
ON PROOF
CHAPTER III
Facts which need not be proved
56. Fact judicially noticeable need not be proved: No fact of
which the Court will take judicial notice need be proved.
57. Facts of which Court must take judicial notice: The Court
shall take judicial notice of the following facts
(1) All laws in force in the territory of India ;
[Sec. 57
39
(2) All public Acts passed or hereafter to be passed by Parliament
of the United Kingdom, and all local and personal Acts directed by
Parliament of the United Kingdom to be judicially noticed ;
(3) Articles of War for the Indian Army, Navy or Air Force ;
(4) The course of proceedings of Parliament of the United Kingdom,
of the Constituent Assembly of India, of Parliament and of the Legislatures
established under any laws for the time being in force in a Province or
in the State ;
(5) The accession and the sign manual of the Sovereign for the time
being of the United Kingdom of Great Britain and Ireland ;
(6) All seals of which English Courts take judicial notice ; the seals
of all the Courts in India, and of all Courts out of India established by
the authority of the Central Government or the Crown Representative ;
the seals of Courts of Admiralty and Maritime Jurisdiction and of Notaries
Public, and all seals which any person is authorised to use by the
Constitution or an Act of Parliament of the United Kingdom or an Act
or Regulation having the force of law in India ;
(7) The accession to office, names, titles, functions and signatures of
the persons filling for the time being any public office in any State, if the
fact of their appointment to such office is notified in any Official Gazette;
(8) The existence, title and national flag of every State or Sovereign
recognised by the Government of India ;
(9) The divisions of time, the geographical divisions of the world,
and public festivals, fasts and holidays notified in the Official Gazette;
(10) The territories under the dominion of the Government of India;
(11) The commencement, continuance, and termination of hostilities
between the Government of India and any other State or body of persons;
(12) The names of the members and officers of the Court, and of
their deputies and subordinate officers and assistance, and also of all
officers acting in execution of its process, and of all advocates, attorneys,
proctors, vakils, pleaders and other persons authorised by law to appear
or act before it ;
(13) The rule of the road on land or at sea.
In all these cases, and also on all matters of public history, literature,
science or art, the Court may resort for its aid to appropriate books
or documents of reference.
Facts which need not be proved Sec. 57]
The Indian Evidence Act, 1872 40
If the Court is called upon by any person to take judicial notice
of any fact, it may refuse to do so, unless and until such person produces
any such book or document as it may consider necessary to enable it
to do so.
Case Law
For judicial notice, See AIR 1987 SC 1713; 1986 Cr. LJ 1757; 1988
Cr. LJ 739; 1987 (3) Crimes 758.
Foreign law not covered under Section 57(1) of the Act. 2001 (8) SCC
233.
58. Facts admitted need not be proved: No fact need be proved
in any proceeding which the parties thereto or their agents agree to admit
at the hearing, or which, before the hearing, they agree to admit by any
writing under their hands, or which by any rule of pleading in force at
the time they are deemed to have admitted by their pleadings:
Provided that the Court may, in its discretion, require the facts
admitted to be proved otherwise than by such admissions.
Case Law
Admission in pleading in another suit. AIR 2002 SC 504.
CHAPTER IV
Of Oral Evidence
59. Proof of facts by oral evidence: All facts, except the
1
[contents
of documents or electronic records], may be proved by oral evidence.
60. Oral evidence must be direct: Oral evidence must, in all
cases whatever, be direct ; that is to say
If it refers to a fact which could be seen, it must be the evidence
of a witness who says he saw it ;
If it refers to a fact which could be heard, it must be the evidence
of a witness who says he heard it ;
If it refers to a fact which could be perceived by any other sense
or in any other manner, it must be the evidence of a witness who says
he perceived it by that sense or in that manner ;
If it refers to an opinion or to the grounds on which that opinion
is held, it must be the evidence of the person who holds that opinion
on those grounds :
1. Subs. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
[Sec. 60
41
Provided that the opinions of experts expressed in any treatise
commonly offered for sale, and the grounds on which such opinions are
held, may be proved by the production of such treatises if the author
is dead or cannot be found, or has become incapable of giving evidence,
or cannot be called as a witness without an amount of delay or expense
which the Court regards an unreasonable :
Provided also that, if oral evidence refers to the existence or condition
of any material thing other than a document, the Court may, if it thinks
fit, require the production of such material thing for its inspection.
Case Law
Hear say evidence is not admissible. 1984 (1) SCC 319.
CHAPTER V
Of Documentary Evidence
61. Proof of contents of documents: The contents of documents
may be proved either by primary or by secondary evidence.
Case Law
Secondary evidence-Burden of proof 2008 (3) SCC 770
62. Primary evidence: Primary evidence means the document itself
produced for the inspection of the Court.
Explanation: Where a document is executed in several parts, each
part is primary evidence of the document.
Where a document is executed in counterpart, each counterpart being
executed by one or some of the parties only, each counterpart is primary
evidence as against the parties executing it.
Explanation 2: Where a number of documents are all made by
one uniform process, as in the case of printing, lithography, or photography,
each is primary evidence of the contents of the rest ; but, where they
are all copies of a common original, they are not primary evidence of
the contents of the original.
Illustration
A person is shown to have been in possession of a number of placards,
all printed at one time from one original. Any one of the placards is primary
evidence of the contents of any other, but no one of them is primary evidence
of the contents of the original.
Of Documentary Evidence Sec. 62]
The Indian Evidence Act, 1872 42
63. Secondary evidence: Secondary evidence means and includes,
(1) certified copies given under the provisions hereinafter contained;
(2) copies made from the original by mechanical processes which
in themselves ensure the accuracy of the copy, and copies compared with
such copies;
(3) copies made from or compared with the original;
(4) counterparts of documents as against the parties who did not
execute them ;
(5) oral accounts of the contents of a document given by some person
who has himself seen it.
Illustrations
(a) A photograph of an original is secondary evidence of its contents,
though the two have not been compared, if it is proved that the
thing photographed was the original.
(b) A copy compared with a copy of a letter made by a copying machine
is secondary evidence of the contents of the letter, if it is shown
that the copy made by the copying machine was made from the
original.
(c) A copy transcribed from a copy, but afterwards compared with
the original, is secondary evidence ; but the copy not so compared
is not secondary evidence of the original, although the copy from
which it was transcribed was compared with the original.
(d) Neither an oral account of a copy compared with the original, nor
an oral account of a photograph or machine-copy of the original,
is secondary evidence of the original.
Case Law
Secondary evidence to be admitted only in the absence of primary
evidence. 2007 (3) SCJ 825.
64. Proof of documents by primary evidence: Documents must
be proved by primary evidence except in the cases hereinafter mentioned.
Case Law
Document of 30 years old-Presumption discussed 2008 (2) SCC 186.
65. Cases in which secondary evidence relating to documents
may be given: Secondary evidence may be given of the existence,
condition, or contents of a document in the following cases,
(a) when the original is shown or appears to be in the possession
or power,of the person against whom the document is sought to be
proved, or
[Sec. 65
43
of any person out of reach or not subject to, the process of the
Court, or
of any person legally bound to produce it,
and when, after the notice mentioned in Section 66, such person
does not produce it ;
(b) when the existence, condition or contents of the original have
been proved to be admitted in writing by the person against whom it
is proved or by his representative in interest ;
(c) when the original has been destroyed or lost, or when the party
offering evidence of its contents cannot, for any other reason not arising
from his own default or neglect, produce it in reasonable time ;
(d) when the original is of such a nature as not to be easily
movable ;
(e) when the original is a public document within the meaning of
Section 74 ;
(f) when the original is a document of which a certified copy is
permitted by this Act, or by any other law in force in India, to be given
in evidence ;
(g) when the originals consist of numerous accounts or other documents
which cannot conveniently be examined in Court, and the fact to be proved
is the general result of the whole collection.
In cases (a), (c) and (d), any secondary evidence of the contents
of the document is admissible.
In case (b), the written admission is admissible.
In case (e) or (f), a certified copy of the document, but no other
kind of secondary evidence, is admissible.
In case (g), evidence may be given as to the general result of the
documents by any person who has examined them, and who is skilled
in the examination of such documents.
Case Law
Objection to secondary evidence Stage of objection. AIR 2003 SC
4548.
Of Documentary Evidence Sec. 65]
The Indian Evidence Act, 1872 44
1
[65A. Special provisions as to evidence relating to electronic
record: The contents of electronic records may be proved in accordance
with the provisions of Section 65B.
65B. Admissibility of electronic records: (1) Notwithstanding
anything contained in this Act, any information contained in an electronic
record which is printed on a paper, stored, recorded or copied in optical
or magnetic media produced by a computer (hereinafter referred to as
the computer output) shall be deemed to be also a document, if the
conditions mentioned in this section are satisfied in relation to the information
and computer in question and shall be admissible in any proceedings,
without further proof or production of the original, as evidence of any
contents of the original or of any fact stated therein of which direct evidence
would be admissible.
(2) The conditions referred to in sub-section (1) in respect of a
computer output shall be the following, namely:
(a) the computer output containing the information was produced
by the computer during the period over which the computer
was used regularly to store or process information for the
purposes of any activities regularly carried on over that period
by the person having lawful control over the use of the computer;
(b) during the said period, information of the kind contained in the
electronic record or of the kind from which the information so
contained is derived was regularly fed into the computer in the
ordinary course of the said activities;
(c) throughout the material part of the said period, the computer
was operating properly or, if not, then in respect of any period
in which it was not operating properly or was out of operation
during that part of the period, was not such as to affect the
electronic record or the accuracy of its contents; and
(d) the information contained in the electronic record reproduces
or is derived from such information fed into the computer in
the ordinary course of the said activities.
(3) Where over any period, the function of storing or processing
information for the purposes of any activities regularly carried on over
1. Subs. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
[Sec. 65B
45
that period as mentioned in clause (a) of sub-section (2) was regularly
performed by computers, whether
(a) by a combination of computers operating over that period; or
(b) by different computers operating in succession over that period;
or
(c) by different combinations of computers operating in succession
over that period; or
(d) in any other manner involving the successive operation over that
period, in whatever order, of one or more computers and one
or more combinations of computers,
all the computers used for that purpose during that period shall be
treated for the purposes of this section as constituting a single computer;
and references in this section to a computer shall be construed accordingly.
(4) In any proceedings where it is desired to give a statement in
evidence by virtue of this section, a certificate doing any of the following
things, that is to say,
(a) identifying the electronic record containing the statement and
describing the manner in which it was produced;
(b) giving such particulars of any device involved in the production
of that electronic record as may be appropriate for the purpose
of showing that the electronic record was produced by a
computer ;
(c) dealing with any of the matters to which the conditions mentioned
in sub-section (2) relate,
and purporting to be signed by a person occupying a responsible
official position in relation to the operation of the relevant device or the
management of the relevant activities (whichever is appropriate) shall be
evidence of any matter stated in the certificate ; and for the purposes
of this sub-section it shall be sufficient for a matter to be stated to the
best of the knowledge and belief of the person stating it.
(5) For the purposes of this section,
(a) information shall be taken to be supplied to a computer if it
is supplied thereto in any appropriate form and whether it is
Of Documentary Evidence Sec. 65B]
The Indian Evidence Act, 1872 46
so supplied directly or (with or without human intervention) by
means of any appropriate equipment ;
(b) whether in the course of activities carried on by any official,
information is supplied with a view to its being stored or
processed for the purposes of those activities by a computer
operated otherwise than in the course of those activities, that
information, if duly supplied to that computer, shall be taken
to be supplied to it in the course of those activities ;
(c) a computer output shall be taken to have been produced by
a computer whether it was produced by it directly or (with or
without human intervention) by means of any appropriate
equipment.
Explanation: For the purposes of this section any reference to
information being derived from other information shall be a reference to
its being derived therefrom by calculation, comparison or any other
process.]
66. Rules as to notice to produce: Secondary evidence of the
contents of the documents referred to in Section 65, Clause (a), shall
not be given unless the party proposing to give such secondary evidence
has previously given to the party in whose possession or power the
document is, or to his attorney or pleader, such notice to produce it as
is prescribed by law ; and if no notice is prescribed by law, then such
notice as the Court considers reasonable under the circumstances of the
case:
Provided that such notice shall not be required in order to render
secondary evidence admissible in any of the following cases, or in any
other case in which the Court thinks fit to dispense with it ;
(1) When the document to be proved is itself a notice;
(2) When, from the nature of the case, the adverse party must know
that he will be required to produce it ;
(3) When it appears or is proved that the adverse party has obtained
possession of the original by fraud or force ;
(4) When the adverse party or his agent has the original in Court;
(5) When the adverse party or his agent has admitted the loss of
the document ;
[Sec. 66
47
(6) When the person in possession of the document is out of reach
of, or not subject to, the process of the Court.
67. Proof of signature and handwriting of person alleged to
have signed or written document produced: If a document is alleged
to be signed or to have been written wholly or in part by any person,
the signature or the handwriting of so much of the document as is alleged
to be in that persons handwriting must be proved to be in his handwriting.
1
[67A. Proof as to
2
[electronic signature]: Except in the case
of a secure
2
[electronic signature], if the
2
[electronic signature] of any
subscriber is alleged to have been affixed to an electronic record the fact
that such
2
[electronic signature] is the
2
[electronic signature] of the subscriber
must be proved.]
68. Proof of execution of document required by law to be
attested: If a document is required by law to be attested, it shall not
be used as evidence until one attesting witness at least has been called
for the purpose of proving its execution, if there be an attesting witness
alive, and subject to the process of the Court and capable of giving
evidence:
Provided that it shall not be necessary to call an attesting witness
in proof of the execution of any document, not being a will, which has
been registered in accordance with the provisions of the Indian Registration
Act, 1908 (16 of 1908), unless its execution by the person by whom
it purports to have been executed is specifically denied.
Case Law
Proof of will. AIR 2003 SC 761.
The due proof of attestation of a will, mandatory. 2007 (5) SCJ 273.
69. Proof where no attesting witness found: If no such
attesting witness can be found, or if the document purports to have
been executed in the United Kingdom, it must be proved that the
attestation of one attesting witness at least is in his handwriting, and
that the signature of the person executing the documents is in the handwriting
of that person.
1. Ins. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
2. Subs. for "digital signature" by the Information Technology (Amendment) Act, 2008
(10 of 2009), S. 52(d), w.e.f. 27-10-2009.
Of Documentary Evidence Sec. 69]
The Indian Evidence Act, 1872 48
70. Admission of execution by party to attested document:
The admission of a party to an attested document of its execution by
himself shall be sufficient proof of its execution as against him, though
it be a document required by law to be attested.
71. Proof when attesting witness denies the execution: If the
attesting witness denies or does not recollect the execution of the document,
its execution may be proved by other evidence.
72. Proof of document not required by law to be attested:
An attested document not required by law to be attested may be proved
as if it was unattested.
73. Comparison of signature, writing or seal with others admitted
or proved: In order to ascertain whether a signature, writing, or seal
is that of the person by whom it purports to have been written or made,
any signature, writing, or seal admitted or proved to the satisfaction of
the Court to have been written or made by that person may be compared
with the one which is to be proved, although that signature, writing, or
seal has not been produced or proved for any other purpose.
The Court may direct any person present in Court to write any words
or figures for the purpose of enabling the Court to compare the words
or figures so written with any words or figures alleged to have been written
by such person.
This section applies also, with any necessary modifications, to finger
impressions.
Case Law
Court can direct the accused to give specimen signature and handwriting.
AIR 1961 SC 1808 ; AIR 1954 SC 300. Court has power to compare admitted
signatures and disputed signatures, 1997 (7) SCC 110. Specimen signature
of accused for comparison during investigation. 2004 SCC (Cri.) 126.
1
[73A. Proof as to verification of digital signature: In order
to ascertain whether a digital signature is that of the person by whom
it purports to have been affixed, the Court may direct
(a) that person or the Controller or the Certifying Authority to
produce the Digital Signature Certificate ;
1. Ins. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
[Sec. 73A
49
(b) any other person to apply the public key listed in the Digital
Signature Certificate and verify the digital signature purported
to have been affixed by that person.
Explanation: For the purposes of this section. Controller means
the Controller appointed under sub-section (1) of Section 17 of the
Information Technology Act, 2000.]
Public documents
74. Public documents: The following documents are public
documents,
(1) Documents forming the acts or records of the acts
(i) of the sovereign authority,
(ii) of official bodies and Tribunals, and
(iii) of public officers, legislative, judicial and executive, of any part
of India or of the Commonwealth, or of a foreign country.
(2) Public records kept in any State of private documents.
Case Law
School leaving certificate-Determination of age 2008 (1) SCC 213
75. Private documents: All other documents are private.
76. Certified copies of public documents: Every public officer
having the custody of a public document, which any person has a right
to inspect, shall give that person on demand a copy of it on payment
of the legal fees therefor, together with a certificate written at the foot
of such copy that it is a true copy of such document or part thereof,
as the case may be, and such certificate shall be dated and subscribed
by such officer with his name and his official title, and shall be sealed,
whenever such officer is authorized by law to make use of a seal ; and
such copies so certified shall be called certified copies.
Explanation: Any officer who, by the ordinary course of official
duty, is authorised to deliver such copies, shall be deemed to have the
custody of such documents within the meaning of this section.
Case Law
Statement under Section 161 Cr. PC is a public document. 1987 Cr.
LJ 570; 1963 (2) Cr. LJ 129.
EVI4
Public Documents Sec. 76]
The Indian Evidence Act, 1872 50
77. Proof of documents by production of certified copies: Such
certified copies may be produced in proof of the contents of the public
documents or parts of the public documents of which they purport to
be copies.
78. Proof of other official documents: The following public
documents may be proved as follows
(1) Acts, orders or notifications of the Central Government in any
of its departments, or of the Crown Representative or of any State
Government or any department of any State Government,
by the records of the departments, certified by the heads of those
departments respectively.
or by any document purporting to be printed by order of any such
Government or, as the case may be, of the Crown Representative;
(2) The proceedings of the Legislatures,
by the journals of those bodies respectively, or by published Acts
or abstracts, or by copies purporting to be printed by order of the
Government concerned;
(3) Proclamations, orders or regulations issued by Her Majesty or
by the Privy Council, or by any department of Her Majestys Government,
by copies or extracts contained in the London Gazette, or purporting
to be printed by the Queens Printer ;
(4) The acts of the Executive or the proceedings of the Legislature
of a foreign country,
by journals published by their authority, or commonly received in
that country as such, or by a copy certified under the seal of the country
or sovereign, or by a recognition thereof in some Central Act ;
(5) the proceedings of a municipal body in a State,
by a copy of such proceedings, certified by the legal keeper thereof,
or by a printed book purporting to be published by the authority of such
body ;
(6) Public documents of any other class in a foreign country,
[Sec. 78
51
by the original, or by a copy certified by the legal keeper thereof,
with a certificate under the seal of a Notary Public, or of an Indian Consul
or diplomatic agent, that the copy is duly certified by the officer having
the legal custody of the original, and upon proof of the character of the
document according to the law of the foreign country.
State Amendments
West Bengal: Section 78A: After Section 78, insert the following
section:
"78A. Copies of public documents to be as good as original documents
in certain cases: Notwithstanding anything contained in this Act or any other
law for the time being in force, where any public documents concerning
any areas within (West Bengal have been kept in Pakistan), then copies of
such public documents, shall, on being authenticated in such manner as may
be prescribed from time to time by the State Government by notification in
the Official Gazette, be deemed to have taken the place of, and to be, the
original documents from which such copies were made and all references
to the original documents shall be construed as including references to such
copies" Vide West Bengal Act No. 29 of 1955.
Presumptions as to documents
79. Presumption as to genuineness of certified copies: The
Court shall presume to be genuine every document purporting to be a
certificate, certified copy or other document, which is by law declared
to be admissible as evidence of any particular fact and which purports
to be duly certified by any officer of the Central Government or of a
State Government, or by any officer in the State of Jammu and Kashmir
who is duly authorised thereto by the Central Government:
Provided that such document is substantially in the form and purports
to be executed in the manner directed by law in that behalf.
The Court shall also presume that any officer by whom any such
document purports to be signed or certified, held, when he signed it, the
official character which he claims in such paper.
80. Presumption as to documents produced as record of
evidence: Whenever any document is produced before any Court,
purporting to be a record or memorandum of the evidence, or of any
part of the evidence, given by a witness in a judicial proceeding or before
any officer authorised by law to take such evidence, or to be a statement
or confession by any prisoner or accused person, taken in accordance
Presumptions as to documents Sec. 80]
The Indian Evidence Act, 1872 52
with law, and purporting to be signed by any Judge or Magistrate, or
by any such officer as aforesaid, the Court shall presume
that the document is genuine ; that any statements as to the circumstances
under which it was taken, purporting to be made by the person signing
it, are true, and that such evidence, statement or confession was duly
taken.
81. Presumption as to Gazettes, newspapers, private Acts of
Parliament and other documents: The Court shall presume the
genuineness of every document purporting to be the London Gazette, or
any Official Gazette, or the Government Gazette of any colony, dependency
or possession of the British Crown, or to be a newspaper or journal,
or to be a copy of a private Act of Parliament of the United Kingdom
printed by the Queens Printer, and of every document purporting to be
a document directed by any law to be kept by any person, if such
document is kept substantially in the form required by law and is produced
from proper custody.
1
[81A. Presumption as to Gazettes in electronic forms: The
Court shall presume the genuineness of every electronic record purporting
to be the Official Gazette, or purporting to be electronic record directed
by any law to be kept by any person, if such electronic record is kept
substantially in the form required by law and is produced from proper
custody.]
82. Presumption as to document admissible in England without
proof of seal or signature: When any document is produced before
any Court, purporting to be a document which, by the law in force
for the time being in England or Ireland, would be admissible in
proof of any particular in any Court of Justice in England or Ireland,
without proof of the seal or stamp or signature authenticating it, or
of the judicial or official character claimed by the person by whom it
purports to be signed, the Court shall presume that such seal, stamp or
signature is genuine, and that the person signing it held, at the time when
he signed it, the judicial or official character which he claims,
and the document shall be admissible for the same purpose for which
it would be admissible in England or Ireland.
1. Ins. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
[Sec. 82
53
83. Presumption as to maps or plans made by authority of
Government: The Court shall presume that maps or plans purporting
to be made by the authority of the Central Government or any State
Government were so made, and are accurate ; but maps or plans made
for the purposes of any cause must be proved to be accurate.
84. Presumption as to collections of laws and reports of
decisions: The Court shall presume the genuineness of every book
purporting to be printed or published under the authority of the Government
of any country, and to contain any of the laws of that country,
and of every book purporting to contain reports of decisions of the
Courts of such country.
85. Presumption as to powers-of-attorney: The Court shall
presume that every document purporting to be a power-of-attorney, and
to have been executed before, and authenticated by a Notary Public, or
any Court, Judge, Magistrate, Indian Consul or Vice Consul, or
representative of the Central Government, was so executed and
authenticated.
1
[85A. Presumption as to electronic agreements: The Court
shall presume that every electronic record purporting to be an agreement
containing the
2
[electronic signatures] of the parties was so concluded by
affixing the
2
[electronic signature] of the parties.
85B. Presumption as to electronic records and
3
[electronic
signatures]: (1) In any proceedings involving a secure electronic record,
the Court shall presume unless contrary is proved, that the secure electronic
record has not been altered since the specific point of time to which the
secure status relates.
(2) In any proceedings, involving secure
3
[electronic signature], the
Court shall presume unless the contrary is proved that
(a) the secure
3
[electronic signature] is affixed by subscriber with
the intention of signing or approving the electronic record ;
1. Ins. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
2. Subs. for "digital signature" by the Information Technology (Amendment) Act, 2008
(10 of 2009), S. 52(e), w.e.f. 27-10-2009.
3. Subs. for "digital signature" by the Information Technology (Amendment) Act, 2008
(10 of 2009), S. 52(f), w.e.f. 27-10-2009.
Presumptions as to documents Sec. 85B]
The Indian Evidence Act, 1872 54
(b) except in the case of a secure electronic record or a secure
1
[electronic signature], nothing in this section shall create any
presumption relating to authenticity and integrity of the electronic
record or any
1
[electronic signature].
85C. Presumption as to
2
[Electronic Signature Certificates]:
The Court shall presume, unless contrary is proved, that the information
listed in a
2
[Electronic Signature Certificate] is correct, except for information
specified as subscriber information which has not been verified, if the
certificate was accepted by the subscriber.]
86. Presumption as to certified copies of foreign judicial records:
The Court may presume that any document purporting to be a certified
copy of any judicial record of any country not forming part of India or
of Her Majestys Dominions is genuine and accurate, if the document
purports to be certified in any manner which is certified by any representative
of the Central Government in or for such country to be the manner
commonly in use in that country for the certification of copies of judicial
records.
An officer who, with respect to any territory or place not forming
part of India or Her Majestys Dominions, is a Political Agent therefor,
as defined in Section 3, Clause (43), of the General Clauses Act, 1897
(10 of 1897), shall, for the purposes of this section, be deemed to be
a representative of the Central Government in and for the country comprising
that territory or place.
87. Presumption as to books, maps and charts: The Court may
presume that any book to which it may refer for information on matters
of public or general interest, and that any published map or chart, the
statements of which are relevant facts and which is produced for its
inspection, was written and published by the person and at the time and
place, by whom or at which it purports to have been written or published.
88. Presumption as to telegraphic messages: The Court may
presume that a message, forwarded from a telegraph office to the
person to whom such message purports to be addressed, corresponds
with a message delivered for transmission at the office from which the
[Sec. 88
1. Subs. for "digital signature" by the Information Technology (Amendment) Act, 2008
(10 of 2009), S. 52(f), w.e.f. 27-10-2009.
2. Subs. for "Digital Signature Certificate" by the Information Technology (Amendment)
Act, 2008 (10 of 2009), S. 52(g), w.e.f. 27-10-2009.
55
message purports to be sent ; but the Court shall not make any presumption
as to the person by whom such message was delivered for transmission.
1
[88A. Presumption as to electronic messages: The Court may
presume that an electronic message forwarded by the originator through
an electronic mail server to the addressee to whom the message purports
to be addressed corresponds with the message as fed into his computer
for transmission ; but the Court shall not make any presumption as to
the person by whom such message was sent.
Explanation: For the purposes of this section, the expressions
addressee and originator shall have the same meanings respectively
assigned to them in clauses (b) and (za) of sub-section (1) of Section
2 of the Information Technology Act, 2000.]
89. Presumption as to due execution, etc., of documents not
produced: The Court shall presume that every document, called for and
not produced after notice to produce, was attested, stamped and executed
in the manner required by law.
90. Presumption as to documents thirty years old: Where any
document, purporting or proved to be thirty years old, is produced from
any custody which the Court in the particular case considers proper, the
Court may presume that the signature and every other part of such
document, which purports to be in the handwriting of any particular person,
is in that persons handwriting, and, in the case of a document executed
or attested, that it was duly executed and attested by the persons by
whom it purports to be executed and attested.
Explanation: Documents are said to be in proper custody if they
are in the place in which, and under the care of the person with whom,
they would naturally be ; but no custody is improper if it is proved to
have had a legitimate origin, or if the circumstances of the particular case
are such as to render such an origin probable.
This Explanation applies also to Section 81.
Illustrations
(a) A has been in possession of landed property for a long time. He
produces from his custody deeds relating to the land showing his
titles to it. The custody is proper.
1. Ins. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
Presumptions as to documents Sec. 90]
The Indian Evidence Act, 1872 56
(b) A produces deeds relating to landed property of which he is the
mortgagee.
The mortgagor is in possession. The custody is proper.
(c) A, a connection of B, produces deeds relating to lands in Bs
possession, which were deposited with him by B for safe custody.
The custody is proper.
State Amendment
Uttar Pradesh: Section 90 shall be renumbered as sub-section (1)
; and
(a) for the words thirty years substitute the words twenty years,
and
(b) new sub-section (2) shall be added after sub-section (1) as so
renumbered, namely,
(2) Where any such document as is referred to in sub-section (1) was
registered in accordance with the law relating to registration of documents
and a duly certified copy thereof is produced, the Court may presume that
the signature and every other part of such document which purports to be
in the handwriting of any particular person, is in that persons handwriting,
and in the case of a document executed or attested, that it was duly and
executed attested, by the person by whom it purports to have been executed
or attested."
Section 90A: After Section 90, the following section shall be inserted
namely:
"90A. (1) Where any registered document or a duly certified copy thereof
or any certified copy of a document which is part of the record of a Court
of justice, is produced from any custody which the Court in the particular
case considers proper, the Court may presume that the original was executed
by the person by whom it purports to have been executed.
(2) This presumption shall not be made in respect of any document
which is the basis of a suit or of a defence or is relied upon in the plaint
or written statement.
The Explanation to sub-section (1) of Section 90 will also apply to this
section. Vide U.P. Act 24 of 1954.
1
[90A. Presumption as to electronic records five years old:
Where any electronic record, purporting or proved to be five years old,
[Sec. 90A
1. Ins. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
57
is produced from any custody which the Court in the particular case
considers proper, the Court may presume that the
1
[electronic signature]
which purports to be the
1
[electronic signature] of any particular person
was so affixed by him or any person authorised by him in this behalf.
Explanation: Electronic records are said to be in proper custody
if they are in the place in which, and under the care of the person with
whom, they naturally be, but no custody is improper if it is proved to
have had a legitimate origin, or the circumstances of the particular case
are such as to render such an origin probable.
This Explanation applies also to Section 81A.]
CHAPTER VI
Of the exclusion of Oral by documentary evidence
91. Evidence of terms of contracts, grants and other dispositions
of property reduced to form of document: When the terms of a
contract, or of a grant, or of any other disposition of property, have been
reduced to the form of a document, and in all cases in which any matter
is required by law to be reduced to the form of a document, no evidence
shall be given in proof of the terms of such contract, grant or other
disposition of property, or of such matter, except the document itself, or
secondary evidence of its contents in cases in which secondary evidence
is admissible under the provisions hereinbefore contained.
Exception 1: When a public officer is required by law to be
appointed in writing, and when it is shown that any particular person has
acted as such officer, the writing by which he is appointed need not be
proved.
Exception 2: Wills admitted to probate in India may be proved
by the probate.
Explanation 1: This section applies equally to cases in which the
contracts, grants or dispositions of property referred to are contained in
one document and to cases in which they are contained in more documents
than one.
Explanation 2: Where there are more originals than one, one
original only need be proved.
1. Subs. for "digital signature" by the Information Technology (Amendment) Act, 2008
(10 of 2009), S. 52(h), w.e.f. 27-10-2009.
Of the exclusion of Oral by documentary evidence Sec. 91]
The Indian Evidence Act, 1872 58
Explanation 3: The statement, in any document whatever, of a
fact other than the facts referred to in this section, shall not preclude the
admission of oral evidence as to the same fact.
Illustrations
(a) If a contract be contained in several letters, all the letters in which
it is contained must be proved.
(b) If a contract is contained in a bill of exchange, the bill of exchange
must be proved.
(c) If a bill of exchange is drawn in a set of three, one only need
be proved.
(d) A contracts, in writing, with B, for the delivery of indigo upon
certain terms. The contract mentions the fact that B had paid A
the price of other indigo contracted for verbally on another occasion.
Oral evidence is offered that no payment was made for the other
indigo. The evidence is admissible.
(e) A gives B a receipt for money paid by B.
Oral evidence is offered of the payment.
The evidence is admissible.
Case Law
Best evidence rule. AIR 2003 SC 2418.
92. Exclusion of evidence of oral agreement: When the terms
of any such contract, grant or other disposition of property, or any matter
required by law to be reduced to the form of a document, have been
proved according to the last section, no evidence of any oral agreement
or statement shall be admitted, as between the parties to any such
instrument or their representatives in interest, for the purpose of contradicting,
varying, adding to, or subtracting from, its terms :
Proviso (1): Any fact may be proved which would invalidate any
document, or which would entitle any person to any decree or order
relating thereto; such as fraud, intimidation, illegality, want of due execution,
want of capacity in any contracting party, want or failure of consideration,
or mistake in fact or law.
Proviso (2): The existence of any separate oral agreement as to
any matter on which a document is silent, and which is not inconsistent
with its terms, may be proved. In considering whether or not this proviso
[Sec. 92
59
applies, the Court shall have regard to the degree of formality of the
document.
Proviso (3): The existence of any separate oral agreement, constituting
a condition precedent to the attaching of any obligation under any such
contract, grant or disposition of property, may be proved.
Proviso (4): The existence of any distinct subsequent oral agreement
to rescind or modify any such contract, grant or disposition of property,
may be proved, except in cases in which such contract, grant or disposition
of property is by law required to be in writing, or has been registered
according to the law in force for the time being as to the registration
of documents.
Proviso (5): Any usage or custom by which incidents not expressly
mentioned in any contract are usually annexed to contracts of that description,
may be proved :
Provided that the annexing of such incident would not be repugnant
to, or inconsistent with, the express terms of the contract.
Proviso (6): Any fact may be proved which shows in what manner
the language of a document is related to existing facts.
Illustrations
(a) A policy of insurance is effected on goods in ships from Calcutta
to London. The goods are shipped in a particular ship which is
lost. The fact that that particular ship was orally excepted from
the policy, cannot be proved.
(b) A agrees absolutely in writing to pay B Rs. 1,000 on the first March,
1873. The fact that, at the same time, an oral agreement was made
that the money should not be paid till the thirty-first March, cannot
be proved.
(c) An estate called the Rampur tea estate is sold by a deed which
contains a map of the property sold. The fact that land not included
in the map had always been regarded as part of the estate and
was meant to pass by the deed, cannot be proved.
(d) A enters into a written contract with B to work certain mines,
the property of B, upon certain terms. A was induced to do so
by a misrepresentation of Bs as to their value. This fact may be
proved.
Of the exclusion of Oral by documentary evidence Sec. 92]
The Indian Evidence Act, 1872 60
(e) A institutes a suit against B for the specific performance of a
contract, and also prays that the contract may be reformed as to
one of its provisions, as that provision was inserted in it by mistake.
A may prove that such a mistake was made as would by law entitle
him to have the contract reformed.
(f) A orders goods of B by a letter in which nothing is said as to
the time of payment, and accepts the goods on delivery. B sues
A for the price. A may show that the goods were supplied on credit
for a term still unexpired.
(g) A sells B a horse and verbally warrants him sound. A gives B a
paper in these words Bought of A a horse for Rs. 500. B may
prove the verbal warranty.
(h) A hires lodgings of B, and gives B a card on which is written-
Rooms, Rs. 200 a month. A may prove a verbal agreement that
these terms were to include partial board.
A hires lodgings of B for a year, and a regularly stamped agreement,
drawn up by an attorney, is made between them. It is silent on
the subject of board. A may not prove that board was included
in the terms verbally.
(i) A applies to B for a debt due to A by sending a receipt for the
money. B keeps the receipt and does not send the money. In a
suit for the amount, A may prove this.
(j) A and B make a contract in writing to take effect upon the happening
of a certain contingency. The writing is left with B, who sues A
upon it. A may show the circumstances under which it was
delivered.
Case Law
Possession of disproportionate assets to income. AIR 2006 SC 1106.
93. Exclusion of evidence to explain or amend ambiguous
document: When the language used in a document is, on its face,
ambiguous or defective, evidence may not be given of facts which would
show its meaning or supply its defects.
Illustrations
(a) A agrees, in writing, to sell a horse to B for Rs. 1,000 or Rs.
1,500. Evidence cannot be given to show which price was to
be given.
(b) A deed contains blanks. Evidence cannot be given of facts which
would show how they were meant to be filled.
[Sec. 93
61
94. Exclusion of evidence against application of document to
existing facts: When language used in a document is plain in itself,
and when it applies accurately to existing facts, evidence may not be given
to show that it was not meant to apply such facts.
Illustration
A sells to B, by deed, my estate at Rampur containing 100 bighas.
A has an estate at Rampur containing 100 bighas. Evidence may not be given
of the fact that the estate meant to be sold was one situated at a different
place and of a different size.
95. Evidence as to document unmeaning in reference to existing
facts: When language used in a document is plain in itself, but is
unmeaning in reference to existing facts, evidence may be given to show
that it was used in a peculiar sense.
Illustration
A sells to B, by deed, my house in Calcutta.
A had no house in Calcutta, but it appears that he had a house at Howrah,
of which B had been in possession since the execution of the deed.
These facts may be proved to show that the deed related to the house
at Howrah.
96. Evidence as to application of language which can apply
to one only of several persons: When the facts are such that the
language used might have been meant to apply to any one, and could
not have been meant to apply to more than one, of several persons or
things, evidence may be given of facts which show which of those persons
or things it was intended to apply to.
Illustrations
(a) A agrees to sell to B, for Rs. 1,000, my white horse. A has
two white horses. Evidence may be given of facts which show
which of them was meant.
(b) A agrees to accompany B to Haidarabad. Evidence may be given
of facts showing whether Haidarabad in the Dakkhan or Haidarabad
in Sind was meant.
Of the exclusion of Oral by documentary evidence Sec. 96]
The Indian Evidence Act, 1872 62
97. Evidence as to application of language to one of two sets
of facts, to neither of which the whole correctly applies: When the
language used applies partly to one set of existing facts, and partly to
another set of existing facts, but the whole of it does not apply correctly
to either, evidence may be given to show to which of the two it was
meant to apply.
Illustration
A agrees to sell to B my land at X in the occupation of Y. A has
land at X, but not in the occupation of Y, and he has land in the occupation
of Y, but it is not at X. Evidence may be given of facts showing which
he meant to sell.
98. Evidence as to meaning of illegible characters, etc.: Evidence
may be given to show the meaning of illegible or not commonly intelligible
characters, of foreign, obsolete, technical, local, and provincial expressions,
of abbreviations and of words used in a peculiar sense.
Illustration
A, a sculptor, agrees to sell to B, all my mods. A has both models
and modelling tools. Evidence may be given to show which he meant to
sell.
99. Who may give evidence of agreement varying terms of
document: Persons who are not parties to a document, or their
representatives in interest, may give evidence of any facts tending to show
a contemporaneous agreement varying the terms of the document.
Illustration
A and B make a contract in writing that B shall sell A certain cotton,
to be paid for on delivery. At the same time they make an oral agreement
that three months credit shall be given to A. This could not be shown as
between A and B, but it might be shown by C, if it affected his interest.
100. Saving of provisions of Indian Succession Act relating to
wills: Nothing in this Chapter contained shall be taken to affect any of
the provisions of the Indian Succession Act (10 of 1865)
1
as to the
construction of wills.
1. See now the Indian Succession Act, 1925 (39 of 1925).
[Sec. 100
63
PART III
PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER VII
Of the burden of proof
101. Burden of proof: Whoever desires any Court to give judgment
as to any legal right or liability dependent on the existence of facts which
he asserts, must prove that those facts exist.
When a person is bound to prove the existence of any fact, it is
said that the burden of proof lies on that person.
Illustrations
(a) A desires a Court to give judgment that B shall be punished for
a crime which A says B has committed.
A must prove that B has committed the crime.
(b) A desires a Court to give judgment that he is entitled to certain
land in the possession of B, by reason of facts which he asserts,
and which B denies, to be true.
A must prove the existence of those facts.
Case Law
Averments in plaint not sufficient to establish the case. AIR 2001 SC
1237. Burden of proof onus of proof. AIR 2006 SC 1971.Proof of custodial
violence or deaths. AIR 2005 SC 402. Mode of discharging burden of proof
explained 2008 (4) SCC 54. Reverse Burden explained AIR 2008 SC 2467.
102. On whom burden of proof lies: The burden of proof in
a suit or proceeding lies on that person who would fail if no evidence
at all were given on either side.
Illustrations
(a) A sues B for land of which B is in possession, and which, as
A asserts, was left to A by the will of C, Bs father.
If no evidence were given on either side, B would be entitled to
retain his possession.
Therefore, the burden of proof is on A.
(b) A sues B for money due on a bond.
Of the burden of proof Sec. 102]
The Indian Evidence Act, 1872 64
The execution of the bond is admitted, but B says that it was
obtained by fraud, which A denies.
If no evidence were given on either side, A would succeed, as
the bond is not disputed and the fraud is not proved.
Therefore the burden of proof is on B.
Case Law
Burden of proof and onus of proof see AIR 1964 SC 136; 1977 Cr.
LJ 665 ; 1972 Cr. LJ 1552.
103. Burden of proof as to particular fact: The burden of proof
as to any particular fact lies on that person who wishes the Court to
believe in its existence, unless it is provided by any law that the proof
of that fact shall lie on any particular person.
Illustrations
(a) A prosecutes B for theft, and wishes the Court to believe that B
admitted the theft to C. A must prove the admission.
(b) B wishes the Court to believe that, at the time in question, he was
elsewhere. He must prove it.
104. Burden of proving fact to be proved to make evidence
admissible: The burden of proving any fact necessary to be proved
in order to enable any person to give evidence of any other fact is on
the person who wishes to give such evidence.
Illustrations
(a) A wishes to prove a dying declaration by B. A must prove Bs
death.
(b) A wishes to prove, by secondary evidence, the contents of a lost
document.
A must prove that the document has been lost.
105. Burden of proving that case of accused comes within
exceptions: When a person is accused of any offence, the burden of
proving the existence of circumstances bringing the case within any of
the General Exceptions in the Indian Penal Code (45 of 1860), or within
any special exceptions or proviso contained in any other part of the same
Code, or in any law defining the offence, is upon him, and the Court
shall presume the absence of such circumstances.
[Sec. 105
65
Illustrations
(a) A, accused of murder, alleges that, by reason of unsoundness of
mind, he did not know the nature of the act.
The burden of proof is on A.
(b) A, accused of murder, alleges that, by grave and sudden provocation,
he was deprived of the power of self-control.
The burden of proof is on A.
(c) Section 325 of the Indian Penal Code (45 of 1860), provides that
whoever, except in the case provided for by Section 335, voluntarily
causes grievous hurt, shall be subject to certain punishments.
A is charged with voluntarily causing grievous hurt under Section 325.
The burden of proving the circumstances bringing the case under
Section 335 lies on A.
Case Law
Right of private defence and burden of proof. AIR 2001 SC 2902. Exercise
of right of private defence. Burden of proof explained. 2007 (1) SCC (Cri.) 490.
Section 105 of the Act and Section 96 IPC discussed. AIR 2007 SC 363. Plea
of unsoundness of mind-Burden of Proof AIR 2009 SC 97.
106. Burden of proving fact especially within knowledge:
When any fact is especially within the knowledge of any person, the burden
of proving that fact is upon him.
Illustrations
(a) When a person does an act with some intention other than that
which the character and circumstances of the act suggest, the
burden of proving that intention is upon him.
(b) A is charged with travelling on a railway without a ticket. The
burden of proving that he had a ticket is on him.
Case Law
Burden of proof in a criminal case. AIR 2006 SC 1319. Legal proof may
not be perfect proof. 2007 (1) SCC (Cri.) 80 = 2007 Cr.LJ 20 (SC). Onus
on whom lies would depend upon facts of the case 2008 (3) SCC 681.
107. Burden of proving death of person known to have been
alive within thirty years: When the question is whether a man is alive
or dead, and it is shown that he was alive within thirty years, the burden
of proving that he is dead is on the person who affirms it.
108. Burden of proving that person is alive who has not been
heard of for seven years: Provided that when the question is whether
EVI5
Of the burden of proof Sec. 108]
The Indian Evidence Act, 1872 66
a man is alive or dead, and it is proved that he has not been heard
of for seven years by those who would naturally have heard of him if
he had been alive, the burden of proving that he is alive is shifted to
the person who affirms it.
Case Law
Person missing for seven years-Burden of proof-discussed 2008 (4) SCC
572.
109. Burden of proof as to relationship in the cases of partners,
landlord and tenant, or principal and agent: When the question is
whether persons are partners, landlord and tenant, or principal and agent,
and it has been shown that they have been acting as such, the burden
of proving that they do not stand, or have ceased to stand, to each other
in those relationships respectively, is on the person who affirms it.
110. Burden of proof as to ownership: When the question is
whether any person is owner of anything of which he is shown to be
in possession, the burden of proving that he is not the owner is on the
person who affirms that he is not the owner.
111. Proof of good faith in transactions where one party is in
relation of active confidence: Where there is a question as to the
good faith of a transaction between parties, one of whom stands to the
other in a position of active confidence, the burden of proving the good
faith of the transaction is on the party who is in a position of active
confidence.
Illustrations
(a) The good faith of a sale by a client to an attorney is in question
in a suit brought by the client. The burden of proving the good
faith of the transaction is on the attorney.
(b) The good faith of a sale by a son just come of age to a father
is in question in a suit brought by the son. The burden of proving
the good faith of the transaction is on the father.
1
[111-A. Presumption as to certain offences: (1) Where a person
is accused of having committed any offence specified in sub-section (2), in
(a) any area declared to be a disturbed area under any enactment,
for the time being in force, making provision for the suppression
of disorder and restoration and maintenance of public order;
or
[Sec. 111A
1. Ins. by Act 61 of 1984, S. 20, w.e.f. 14-7-1984.
67
(b) any area in which there has been, over a period of more than
one month, extensive disturbance of the public peace,
and it is shown that such person had been at a place in such
area at a time when firearms or explosives were used at or
from that place to attack or resist the members of any armed
forces or the forces charged with the maintenance of public order
acting in the discharge of their duties, it shall be presumed, unless
the contrary is shown, that such person had committed such
offence.
(2) The offences referred to in sub-section (1) are the following,
namely,
(a) an offence under Section 121, Section 121A, Section 122 or
Section 123 of the Indian Penal Code (45 of 1860).
(b) criminal conspiracy or attempt to commit, or abetment of, an
offence under Section 122 or Section 123 of the Indian Penal
Code (45 of 1860).]
112. Birth during marriage, conclusive proof of legitimacy: The
fact that any person was born during the continuance of a valid marriage
between his mother and any man, or within two hundred and eighty days
after its dissolution, the mother remaining unmarried, shall be conclusive
proof that he is the legitimate son of that man, unless it can be shown
that the parties to the marriage had no access to each other at any time
when he could have been begotten.
Case Law
Presumption under Section 122 cannot be rebutted by DNA test. AIR
2001 SC 2226. DNA Test. 2005 (4) SCC 449.
113. Proof of cession of territory: A notification in the Official
Gazette that any portion of British territory has, before the commencement
of Part III of the Government of India Act, 1935, been ceded to any
Native State, Prince or Ruler, shall be conclusive proof that a valid cession
of such territory took place at the date mentioned in such notification.
1
[113A. Presumption as to the abetment of suicide by a married
woman: When the question is whether the commission of suicide
by a woman had been abetted by her husband or any relative of her
Of the burden of proof Sec. 113A]
1. Ins. by Act 46 of 1983, S. 7.
The Indian Evidence Act, 1872 68
husband and it is shown that she had committed suicide within a period
of seven years from the date of her marriage and that her husband or
such relative of her husband had subjected her to cruelty, the Court may
presume, having regard to all the other circumstances of the case, that
such suicide had been abetted by her husband or by such relative of
her husband.
Explanation: For the purposes of this section, cruelty shall have
the same meaning as in Section 498A of the Indian Penal Code (45 of
1860).]
Case Law
For presumption under the provision see 1986 Cr. LJ 2087; 1987 Cr.
LJ 901; 1990 Cr. LJ 1666; 1988 Cr. LJ 1048; 1986 (2) Crimes 113; 1988
Cr. LJ 1399. May presume Meaning thereof. 2001 (9) SCC 618.
Section 302 and 306 IPC and Section 113A of the Act discussed. 2007
Cr.LJ 1435 (SC). Presumption relating to abetment of suicide AIR 2008 SC
3212
1
[113B. Presumption as to dowry death: When the question is
whether a person has committed the dowry death of a woman and it
is shown that soon before her death such woman had been subjected
by such person to cruelty or harassment for, or in connection with, any
demand for dowry, the Court shall presume that such person had caused
the dowry death.
Explanation: For the purposes of this section, Dowry death shall
have the same meaning as in Section 304B of the Indian Penal Code
(45 of 1860).]
Case Law
Presumption of dowry death When can be raised, AIR 1997 SC 1873.
No evidence of cruelty or harassment by husband or relative for dowry
presumption not available. AIR 2006 SC 680.
Expression "Soon before" Explained. 2004 (13) SCC 348.
114. Court may presume existence of certain facts: The Court
may presume the existence of any fact which it thinks likely to have
happened, regard being had to the common course of natural events,
human conduct and public and private business, in their relation to the
facts of the particular case.
[Sec. 114
1. Ins. by Act 43 of 1986, S. 12.
69
Illustrations
The Court may presume
(a) That a man who is in possession of stolen goods soon after the
theft is either the thief or has received the goods knowing them
to be stolen, unless he can account for his possession ;
(b) That an accomplice is unworthy of credit, unless he is corroborated
in material particulars ;
(c) That a bill of exchange, accepted or endorsed, was accepted or
endorsed for good consideration ;
(d) That a thing or state of things which has been shown to be in
existence within a period shorter than that within which such things
or states of things usually cease to exist, is still in existence ;
(e) That judicial and official acts have been regularly performed;
(f) That the common course of business has been followed in particular
cases ;
(g) That evidence which could be and is not produced would, if
produced, be unfavourable to the person who withholds it;
(h) That if a man refuses to answer a question which he is not
compelled to answer by law, the answer, if given, would be
unfavourable to him ;
(i) That when a document creating an obligation is in the hands of
the obligor, the obligation has been discharged.
But the Court shall also have regard to such facts as the following,
in considering whether such maxims do or do not apply to the
particular case before it ;
As to illustration (a): A shopkeeper has in his till a marked rupee
soon after it was stolen, and cannot account for its possession
specifically, but is continually receiving rupees in the course of his
business ;
As to illustration (b): A, a person of the highest character, is
tried for causing a mans death by an act of negligence in arranging
certain machinery. B, a person of equally good character, who also
took part in the arrangement, describes precisely what was done,
and admits and explains the common carelessness of A and himself.
As to illustration (b): A crime is committed by several persons
A, B and C, three of the criminals, are captured on the spot and
kept apart from each other. Each gives an account of the crime
implicating D, and the accounts corroborate each other in such
a manner as to render previous concert highly improbable ;
Of the burden of proof Sec. 114]
The Indian Evidence Act, 1872 70
As to illustration (c): A, the drawer of a bill of exchange, was
a man of business. B, the acceptor was a young and ignorant person,
completely under As influence ;
As to illustration (d): It is proved that a river ran in a certain
course five years ago, but it is known that there have been floods
since that time of which might change its course ;
As to illustration (e): A judicial act, the regularity of which is
in question, was performed under exceptional circumstances ;
As to illustration (f): The question is, whether a letter was
received. It is shown to have been posted, but the usual course
of the post was interrupted by disturbances;
As to illustration (g): A man refuses to produce a document which
would bear on a contract of small importance on which he is sued,
but which might also injure the feelings and reputation of his family;
As to illustration (h): A man refuses to answer a question which
he is not compelled by law to answer, but the answer to it might
cause loss to him in matters unconnected with the matter in relation
to which it is asked;
As to illustration (i): A bond is in possession of the obligor, but
the circumstances of the case are such that he may have stolen
it.
Case Law
Where there is no evidence showing that any one of nearby house
witnessed the incident, adverse presumption for non-examination of such
witnesses cannot be drawn. AIR 1996 SC 201. Where revolver was recovered
from accused immediately after theft it can be presumed that he had stolen
the same, 1997 (1) SCC 93.
Presumptions under Sec.114 See: 2001 (9) SCC 452; 2001 (2) SCC
87; 2001 (5) SCC 59; 2001 (6) SCC 145; 2001 (9) SCC 506; AIR 2001
SC 703; 2001 (5) SCC 265; 2001 (1) SCC 652; 2001 (6) SCC 222; 2001
(8) SCC 458; AIR 2001 SC 2342; AIR 2001 SC 979; AIR 2001 SC 318.
Factual presumption & Discretionary presumption. 2004 (3) SCC 753.
Ousting Jurisdiction of Court. AIR 2006 SC 1828. Certificate of posting
Receipt of registered letter. AIR 2006 SC 825.
Vital document Govt. claiming privilege. AIR 2005 SC 4383. Sections
114 and 133 explained. AIR 2005 SC 128.
1
[114A. Presumption as to absence of consent in certain
prosecutions for rape: In a prosecution for rape under Clause (a)
[Sec. 114A
1. Ins. by Act 43 of 1983, S. 6.
71
or Clause (b) or Clause (c) or Clause (d) or Clause (e) or Clause (g)
of sub-section (2) of Section 376 of the Indian Penal Code, (45 of 1860)
where sexual intercourse by the accused is proved and the question is
whether it was without the consent of the woman alleged to have been
raped and she states in her evidence before the Court that she did not
consent, the Court shall presume that she did not consent.]
Case Law
For presumption of absence of Court in rape cases see 1990 Cr. LJ
1434; 1988 Cr. LJ 447.
Sexual inter-course No intention to marry Consent on promise to
marry cannot be said to be consent in the eye of law. 2007 (1) SCC (Cri.)
557.
CHAPTER VIII
Estoppel
115. Estoppel: When one person has, by his declaration, act or
omission, intentionally caused or permitted another person to believe a
thing to be true and to act upon such belief, neither he nor his representative
shall be allowed, in any suit or proceeding between himself and such person
or his representative, to deny the truth of that thing.
Illustration
A intentionally and falsely leads B to believe that certain land belongs
to A, and thereby induces B to buy and pay for it.
The land afterwards becomes the property of A, and A seeks to set
aside the sale on the ground that, at the time of the sale, he had no title.
He must not be allowed to prove his want of title.
Case Law
Estoppel - Scope and ambit explained. 2001 (8) SCC 501; 2002 (1) SCC
203; 2001 (4) SCC 309; 2001 (2) SCC 62; 2001 (9) SCC 734; 2001 (8) SCC
546; 2001 (2) SCC 41. Wrong understanding of Law Subsequently stand can
be changed. AIR 2006 SC 2422. Doctrine of promissory estoppel explained 2008
(5) SCC 609. Appointment of Arbitrator-Waiver to raise objection-Estoppel-
discussed AIR 2009 SC 357. Promissory estoppel-explained AIR 2008 SC 2045.
See AIR 2008 SC 2838. Waiver of objection discussed AIR 2008 SC 2440.
116. Estoppel of tenant; and of licensee of person in
possession: No tenant of immovable property, or person claiming
through such tenant, shall, during the continuance of the tenancy, be
permitted to deny that the landlord of such tenant had, at the beginning
Estoppel Sec. 116]
The Indian Evidence Act, 1872 72
of the tenancy, a title to such immovable property ; and no person
who came upon any immovable property by the licence of the person
in possession thereof, shall be permitted to deny that such person had
a title to such possession at the time when such licence was given.
Case Law
Illegally wedded wife Tenant cannot deny the title of the landlady
in Eviction petition. AIR 2006 SC 2403.
117. Estoppel of acceptor of bill of exchange, bailee or licensee:
No acceptor of a bill of exchange shall be permitted to deny that the
drawer had authority to draw such bill or to endorse it ; nor shall any
bailee or licensee be permitted to deny that his bailor or licensor had,
at the time when the bailment or licence commenced, authority to make
such bailment or grant such licence.
Explanation 1: The acceptor of a bill of exchange may deny that
the bill was really drawn by the person by whom it purports to have
been drawn.
Explanation 2: If a bailee delivers the goods bailed to a person
other than the bailor, he may prove that such person had a right to them
as against the bailor.
CHAPTER IX
Of witnesses
118. Who may testify: All persons shall be competent to testify
unless the Court considers that they are prevented from understanding
the questions put to them, or from giving rational answers to those
questions, by tender years, extreme old age, disease, whether of body
or mind, or any other cause of the same kind.
Explanation: A lunatic is not incompetent to testify, unless he is
prevented by his lunacy from understanding the questions put to him and
giving rational answers to them.
Case Law
For child witness see 1983 Cr. LJ 1925 ; 1988 Cr. LJ 1301; 1986
(2) Crimes 540.
Competency and credibility of child witness, 1997(5) SCC 341. Child
witness Truthful from demenour and conduct. AIR 2002 SC 16. Child
witness Competency Relevant factors, 2004(1) SCC 64.
[Sec. 118
73
119. Dumb witnesses: A witness who is unable to speak may
give his evidence in any other manner in which he can make it intelligible,
as by writing or by signs ; but such writing must be written and the signs
made in open Court. Evidence so given shall be deemed to be oral
evidence.
Case Law
Victim of rape Dumb girl Evidence under Section 282 Cr. P.C.
Admissible. 1997 (1) ALD (Cri.) 948 (AP).
120. Parties to civil suit, and their wives or husbands- Husband
or wife of person under criminal trial: In all civil proceedings the
parties to the suit, and the husband or wife of any party to the suit, shall
be competent witnesses. In criminal proceedings against any person, the
husband or wife of such person, respectively, shall be a competent witness.
121. Judges and Magistrates: No Judge or Magistrate shall,
except upon the special order of some Court to which he is subordinate,
be compelled to answer any questions as to his own conduct in Court
as such Judge or Magistrate, or as to anything which came to his
knowledge in Court as such Judge or Magistrate ; but he may be examined
as to other matters which occurred in his presence whilst he was so acting.
Illustrations
(a) A, on his trial before the Court of Session, says that a deposition
was improperly taken by B, the Magistrate. B cannot be compelled
to answer questions as to this, except upon the special order of
superior Court.
(b) A is accused before the Court of Session of having given false
evidence before B, a Magistrate. B cannot be asked what A said,
except upon the special order of the Superior Court.
(c) A is accused before the Court of Session of attempting to murder
a police officer whilst on his trial before B, a Sessions Judge. B
may be examined as to what occurred.
122. Communications during marriage: No person who is or
has been married, shall be compelled to disclose any communication
made to him during marriage by any person to whom he is or has
been married ; nor shall he be permitted to disclose any such
communication, unless the person who made it, or his representative in
interest, consents, except in suits between married persons, or proceedings
Of witnesses Sec. 122]
The Indian Evidence Act, 1872 74
in which one married person is prosecuted for any crime committed against
the other.
Case Law
The provision only prevents disclosure in giving evidence in Court of
the Communication made by one spouce to other. AIR 1970 SC 1876. Parties
to marriage Right of privacy Third party cannot file an appeal against
a decree of dissolution of marriage. 2003 (1) SCC 34.
123. Evidence as to affairs of State: No one shall be permitted
to give any evidence derived from unpublished official records relating
to any affairs of State, except with the permission of the officer at the
head of the department concerned, who shall give or withhold such
permission as he thinks fit.
Case Law
FIR is not a privileged document. 1989 Cr. LJ 580. Question of privilege
considerations. 2004 (2) SCC 476.
124. Official communications: No public officer shall be compelled
to disclose communications made to him in official confidence, when he
considers that the public interests would suffer by the disclosure.
Case Law
Vital document Govt. claiming privilege. AIR 2005 SC 4383.
125. Information as to commission of offences: No Magistrate
or Police Officer shall be compelled to say whence he got any information
as to the commission of any offence, and no Revenue Officer shall be
compelled to say whence he got any information as to the commission
of any offence against the public revenue.
Explanation: Revenue Officer in this section means any officer
employed in or about the business of any branch of the public revenue.
126. Professional communications: No barrister, attorney,
pleader or vakil shall at any time be permitted, unless with his clients
express consent, to disclose any communication made to him in the
course and for the purpose of his employment as such barrister,
pleader, attorney or vakil, by or on behalf of his client, or to state the
contents or condition of any document with which he has become acquainted
in the course and for the purpose of his professional employment, or to
[Sec. 126
75
disclose any advice given by him to his client in the course and for the
purpose of such employment:
Provided that nothing in this section shall protect from disclosure
(1) any such communication made in furtherance of any illegal
purpose ;
(2) any fact observed by any barrister, pleader, attorney or vakil,
in the course of his employment as such, showing that any crime
or fraud has been committed since the commencement of his
employment.
It is immaterial whether the attention of such barrister, pleader,
attorney or vakil was or was not directed to such fact by or on behalf
of his client.
Explanation: The obligation stated in this section continues after
the employment has ceased.
Illustrations
(a) A, a client, says to B, an attorney: I have committed forgery,
and I wish you to defend me. As the defence of a man known
to be guilty is not a criminal purpose, this communication is
protected from disclosure.
(b) A, a client, says to B, an attorney: I wish to obtain possession
of property by the use of a forged deed on which I request you
to sue.
This communication, being made in furtherance of a criminal
purpose, is not protected from disclosure.
(c) A, being charged with embezzlement, retains B, an attorney, to
defend him. In the course of the proceedings, B observes that an
entry has been made in As account-book, charging A with the sum
said to have been embezzled, which entry was not in the book
at the commencement of his employment.
This being a fact observed by B in the course of his employment,
showing that a fraud has been committed since the commencement
of the proceedings, it is not protected from disclosure.
Of witnesses Sec. 126]
The Indian Evidence Act, 1872 76
127. Section 126 to apply to interpreters, etc.: The provisions
of Section 126 shall apply to interpreters, and the clerks or servants of
barristers, pleaders attorneys and vakils.
128. Privilege not waived by volunteering evidence: If any
party to a suit gives evidence therein at his own instance or otherwise,
he shall not be deemed to have consented thereby to such disclosure
as is mentioned in Section 126 ; and if any party to a suit or proceeding
calls any such barrister, pleader, attorney or vakil as a witness, he shall
be deemed to have consented to such disclosure only if he questions such
barrister, attorney or vakil on matters which, but for such question, he
would not be at liberty to disclose.
129. Confidential communications with legal advisers: No one
shall be compelled to disclose to the Court any confidential communication
which has taken place between him and his legal professional adviser,
unless he offers himself as a witness, in which case he may be compelled
to disclose any such communications as may appear to the Court necessary
to be known in order to explain any evidence which he has given, but
no others.
130. Production of title-deeds of witness not a party: No
witness who is not a party to a suit shall be compelled to produce his
title-deeds to any property, or any document in virtue of which he holds
any property as pledgee or mortgagee, or any document the production
of which might tend to criminate him, unless he has agreed in writing to
produce them with the person seeking the production of such deeds or
some person through whom he claims.
1
[131. Production of documents or electronic records which
another person, having possession, could refuse to produce: No
one shall be compelled to produce documents in his possession or
electronic records under his control, which any other person would be
entitled to refuse to produce if they were in his possession or control,
unless such last-mentioned person consents to their production.]
132. Witness not excused from answering on ground that
answer will criminate: A witness shall not be excused from answering
any question as to any matter relevant to the matter in issue in any suit
or in any civil or criminal proceeding, upon the ground that the
1. Subs. by The Information Technology Act, 2000, w.e.f. 17-10-2000.
[Sec. 132
77
answer to such question will criminate, or may tend directly or indirectly
to criminate, such witness, or that it will expose, or tend directly or
indirectly to expose, such witness to a penalty or forfeiture, of any kind:
Provided that no such answer, which a witness shall be compelled
to give, shall subject him to any arrest or prosecution, or be proved against
him in any criminal proceeding, except a prosecution for giving false
evidence by such answer.
Case Law
Whenever a witness is summoned in a criminal case he is legally bound
to answer the questions relevant to the matter though such questions are
likely to criminate him directly or indirectly. AIR 1989 SC 398 = 1989 Cr.
LJ 986.
133. Accomplice: An accomplice shall be a competent witness
against an accused person ; and a conviction is not illegal merely because
it proceeds upon the uncorroborated testimony of an accomplice.
Case Law
For evidence of accomplice. See AIR 1962 SC 1821 ; AIR 1980 SC
1382 ; AIR 1968 SC 1323 ; 1986 (3) Crimes 60.
Sections 114 and 133 explained. AIR 2005 SC 128.
134. Number of witnesses: No particular number of witnesses
shall in any case be required for the proof of any fact.
Case Law
Single reliable witness to identify member of unlawful assembly
Sufficient, 1997 (1) SCC 283.
Not necessary to examine all witnesses. AIR 2003 SC 1164.
CHAPTER X
Of the examination of witnesses
135. Order of production and examination of witnesses: The
order in which witnesses are produced and examined shall be regulated
by the law and practice for the time being relating to civil and criminal
procedure respectively, and, in the absence of any such law, by the
discretion of the Court.
Of the examination of witnesses Sec. 135]
The Indian Evidence Act, 1872 78
136. Judge to decide as to admissibility of evidence: When
either party proposes to give evidence of any fact, the Judge may ask
the party proposing to give the evidence in what manner the alleged fact,
if proved, would be relevant ; and the Judge shall admit the evidence
if he thinks that the fact, if proved, would be relevant, and not otherwise.
If the fact proposed to be proved is one of which evidence is
admissible only upon proof of some other fact, such last-mentioned fact
must be proved before evidence is given of the fact first-mentioned, unless
the party undertakes to give proof of such fact and the Court is satisfied
with such undertaking.
If the relevancy of one alleged fact depends upon another alleged
fact being first proved, the Judge may, in his discretion, either permit
evidence of the first fact to be given before the second fact is proved,
or require evidence to be given of the second fact before evidence is
given of the first fact.
Illustrations
(a) It is proposed to prove a statement about a relevant fact by a person
alleged to be dead, which statement is relevant under Section 32.
The fact that the person is dead must be proved by the person
proposing to prove the statement, before evidence is given of the
statement.
(b) It is proposed to prove, by a copy, the contents of a document
said to be lost.
The fact that the original is lost must be proved by the person
proposing to produce the copy, before the copy is produced.
(c) A is accused of receiving stolen property knowing it to have been
stolen.
It is proposed to prove that he denied the possession of the property.
The relevancy of the denial depends on the identity of the property.
The Court may, in its discretion, either require the property to be
identified before the denial of the possession is proved, or permit
the denial of the possession to be proved before the property is
identified.
(d) It is proposed to prove a fact (A) which is said to have been
the cause or effect of a fact in issue. There are several intermediate
facts (B, C and D) which must be shown to exist before the fact
[Sec. 136
79
(A) can be regarded as the cause or effect of the fact in issue.
The Court may either permit A to be proved before B, C or D
is proved, or may require proof of B, C and D before permitting
proof of A.
137. Examination-in-chief: The examination of a witness by the
party who calls him shall be called his examination-in-chief.
Cross-examination: The examination of a witness by the adverse
party shall be called his cross-examination.
Re-examination: The examination of a witness, subsequent to the
cross-examination by the party who called him, shall be called his re-
examination.
Case Law
Court has to consider both chief and cross-examination. 1988 Cr.
LJ 1412. Where Cross examination is not complete, no part of such evidence
can be used. AIR 1989 SC 1141 = 1989 (3) SCC 56.
138. Order of examinations: Witnesses shall be first examined-
in-chief, then (if the adverse party so desires) cross-examined, then (if
the party calling him so desires) re-examined.
The examination and cross-examination must relate to relevant facts,
but the cross-examination need not be confined to the facts to which the
witness testified on his examination-in-chief.
Direction of re-examination: The re-examination shall be directed
to the explanation of matters referred to in cross-examination ; and, if
new matter is, by permission of the Court, introduced in re-examination,
the adverse party may further cross-examine upon that matter.
Case Law
Witness can be confronted only with previous statement. 2005 (10) SCC
701. Right to cross examine witness discussed 2008 (3) SCC 279.
139. Cross-examination of person called to produce a
document: A person summoned to produce a document does not
become a witness by the mere fact that he produces it, and cannot be
cross-examined unless and until he is called as a witness.
140. Witnesses to character: Witnesses to character may be
cross-examined and re-examined.
Of the examination of witnesses Sec. 140]
The Indian Evidence Act, 1872 80
141. Leading questions: Any question suggesting the answer which
the person putting it wishes or expects to receive, is called a leading
question.
142. When they must not be asked: Leading questions must
not, if objected to by the adverse party, be asked in an examination-
in-Chief, or in a re-examination, except with the permission of the Court.
The Court shall permit leading questions as to matters which are
introductory or undisputed, or which have, in its opinion, been already
sufficiently proved.
Case Law
Reliability of hostile witness. 2001 (2) SCC 205.
143. When they may be asked: Leading questions may be asked
in cross-examination.
144. Evidence as to matters in writing: Any witness may be
asked, whilst under examination, whether any contract, grant or other
disposition of property, as to which he is giving evidence, was not
contained in a document, and if he says that it was, or if he is about
to make any statement as to the contents of any document, which, in
the opinion of the Court, ought to be produced, the adverse party may
object to such evidence being given until such document is produced,
or until facts have been proved which entitle the party who called the
witness to give secondary evidence of it.
Explanation: A witness may give oral evidence of statements made
by other persons about the contents of documents if such statements are
in themselves relevant facts.
Illustration
The question is, whether A assaulted B.
C deposes that he heard A say to D-B wrote a letter accusing me
of theft, and I will be revenged on him. This statement is relevant as showing
As motive for the assault and evidence may be given of it, though no other
evidence is given about the letter.
145. Cross-examination as to previous statements in writing:
A witness may be cross-examined as to previous statements made
by him in writing or reduced into writing, and relevant to matters
in question, without such writing being shown to him, or being proved;
[Sec. 145
81
but if it is intended to contradict him by the writing, his attention must,
before the writing can be proved, be called to those parts of it which
are to be used for the purpose of contradicting him.
Case Law
Previous statements can be sued for contradiction and cross-examination.
1970 Cr. LJ 350 ; AIR 1976 SC 560 ; 1990 Cr. LJ 1447.
Cross examination and contradictions Procedure explained, 1997 (1)
SCC 283. The right given to a party in a trial under Sec. 145 of the Act
is somewhat controlled in criminal trials by the provisions made in the Code.
AIR 1999 SC 2161. Contradictory Statements. 2004 (1) SCC 184.
Certain omissions are considered as contradictions. 2005 (12) SCC 657.
146. Questions lawful in cross-examination: When a witness
is cross-examined, he may, in addition to the questions hereinbefore
referred to, be asked any questions which tend,
(1) to test his veracity,
(2) to discover who he is and what is his position in life,or
(3) to shake his credit, by injuring his character, although the answer
to such questions might tend directly or indirectly to criminate him, or
might expose or tend directly or indirectly to expose him to a penalty
or forfeiture.
1
[Provided that in a prosecution for rape or attempt to commit rape,
it shall not be permissible to put questions in the cross-examination of
the prosecutrix as to her general immoral character.]
147. When witness to be compelled to answer: If any such
question relates to a matter relevant to the suit or proceeding, the
provisions of Section 132 shall apply thereto.
148. Court to decide when question shall be asked and when
witness compelled to answer: If any such question relates to a
matter not relevant to the suit or proceeding, except in so far as it
affects the credit of the witness by injuring his character, the Court
shall decide whether or not the witness shall be compelled to answer
it, and may, if it thinks fit, warn the witness that he is not obliged
1. Ins. by Act 4 of 2003, S. 2, w.e.f. 1-1-2003.
EVI6
Of the examination of witnesses Sec. 148]
The Indian Evidence Act, 1872 82
to answer it. In exercising its discretion, the Court shall have regard to
the following considerations
(1) Such questions are proper if they are of such a nature that the
truth of the imputation conveyed by them would seriously affect the opinion
of the Court as to the credibility of the witness on the matter to which
he testifies.
(2) Such questions are improper if the imputation which they convey
relates to matters so remote in time, or of such a character, that the truth
of the imputation would not affect, or would affect in a slight degree,
the opinion of the Court as to the credibility of the witness on the matter
to which he testifies ;
(3) Such questions are improper if there is a great disproportion
between the importance of the imputation made against the witnesss
character and the importance of his evidence ;
(4) The Court may, if it sees fit, draw, from the witnesss refusal
to answer, the inference that the answer if given would be unfavourable.
149. Question not to be asked without reasonable grounds:
No such question as is referred to in Section 148 ought to be asked,
unless the person asking it has reasonable grounds for thinking that the
imputation which it conveys is well-founded.
Illustrations
(a) A barrister is instructed by an attorney or vakil that an important
witness is a dakait. This is a reasonable ground for asking the
witness whether he is a dakait.
(b) A pleader is informed by a person in Court that an important witness
is a dakait. The informant, on being questioned by the pleader, gives
satisfactory reasons for his statement. This is a reasonable ground
for asking the witness whether he is a dakait.
(c) A witness, of whom nothing whatever is known, is asked at random
whether he is a dakait. There are here no reasonable grounds for
the question.
(d) A witness, of whom nothing whatever is known, being questioned
as to his mode of life and means of living, gives unsatisfactory
answers. This may be a reasonable ground for asking him if he
is a dakait.
[Sec. 149
83
150. Procedure of Court in case of question being asked
without reasonable grounds: If the Court is of opinion that any such
question was asked without reasonable grounds, it may, if it was asked
by any barrister, pleader, vakil or attorney, report the circumstances of
the case to the High Court or other authority to which such barrister,
pleader, vakil or attorney is subject in the exercise of his profession.
151. Indecent and scandalous questions: The Court may forbid
any questions or inquiries which it regards as indecent or scandalous,
although such questions or inquiries may have some bearing on the
questions before the Court, unless they relate to facts in issue, or to matters
necessary to be known in order to determine whether or not the facts
in issue existed.
Case Law
Paternity of child not in issue Allegation of kidnapping and murder
of her son Indecent and scandalous imputations on her moral character
not to be allowed, 1997 (3) SCC 775.
152. Questions intended to insult or annoy: The Court shall
forbid any question which appears to it to be intended to insult or annoy,
or which, though proper in itself, appears to the Court needlessly offensive
in form.
153. Exclusion of evidence to contradict answers to questions
testing veracity: When a witness has been asked and has answered
any question which is relevant to the inquiry only in so far as it tends
to shake his credit by injuring his character, no evidence shall be given
to contradict him ; but if he answers falsely, he may afterwards be charged
with giving false evidence.
Exception 1: If a witness is asked whether he has been previously
convicted of any crime and denies it, evidence may be given of his previous
conviction.
Exception 2: If a witness is asked any question tending to impeach
his impartiality, and answers it by denying the facts suggested, he may
be contradicted.
Illustrations
(a) A claim against an underwriter is resisted on the ground of fraud.
The claimant is asked whether, in a former transaction, he had
not made a fraudulent claim.
Of the examination of witnesses Sec. 153]
The Indian Evidence Act, 1872 84
He denies it.
Evidence is offered to show that he did make such a claim.
The evidence is inadmissible.
(b) A witness is asked whether he was not dismissed from a situation
for dishonesty.
He denies it.
Evidence is offered to show that he was dismissed for dishonesty.
The evidence is not admissible.
(c) A affirms that on a certain day he saw B at Lahore.
A is asked whether he himself was not on that day at Calcutta.
He denies it.
Evidence is offered to show that A was on that day at Calcutta.
The evidence is admissible, not as contradicting A on a fact which
affects his credit, but as contradicting the alleged fact that B was
seen on the day in question in Lahore.
In each of these cases the witness might, if his denial was false,
be charged with giving false evidence.
(d) A is asked whether his family has not had a blood feud with the
family of B against, whom he gives evidence.
He denies it. He may be contradicted on the ground that the question
tends to impeach his impartiality.
Case Law
Hostile witness see 1969 Cr. LJ 118 ; 1987 (1) Crimes 336; AIR 1976
SC 202 ; 1991 Cr. LJ 916.
154. Questions by party to his own witness:
1
[(1)] The Court
may, in its discretion, permit the person who calls a witness to put any
questions to him which might be put in cross-examination by the adverse
party.
2
[(2) Nothing in this section shall disentitle the person so permitted
under sub-section (1), to rely on any part of the evidence of such witness.]
1. Renumbered by Act 2 of 2006, w.e.f. 16-4-2006, vide S.O. 523(E), dt. 12-4-2006.
2. Inserted by Ibid.
[Sec. 154
85
Case Law
Court must carefully analyse a hostile witness, 1997(6) SCC 514. The
evidence of hostile witness so far as it supports prosecution can be relied
upon. AIR 2000 SC 210. Hostile witness - Court can permit party to put
any question to his own witness. AIR 2000 Kar. 158.
155. Impeaching credit of witness: The credit of a witness may
be impeached in the following ways by the adverse party, or, with the
consent of the Court, by the party who calls him,
(1) By the evidence of persons who testify that they, from their
knowledge of the witness, believe him to be unworthy of credit ;
(2) By proof that the witness has been bribed, or has accepted the
offer of a bribe, or has received any other corrupt inducement to give
his evidence ;
(3) By proof of former statements inconsistent with any part of his
evidence which is liable to be contradicted;
(4)
1
[x x x]
Explanation: A witness declaring another witness to be unworthy
of credit may not, upon his examination-in-chief, give reasons for his belief,
but he may be asked his reasons in cross-examination, and the answers
which he gives cannot be contradicted, though, if they are false, he may
afterwards be charged with giving false evidence.
Illustrations
(a) A sues B for the price of goods sold and delivered to B. C says
that he delivered the goods to B.
Evidence is offered to show that, on a previous occasion, he said
that he had not delivered the goods to B.
The evidence is admissible.
(b) A is indicted for the murder of B.
C says that B, when dying, declared that A had given B the wound
of which he died.
1. Omitted by Indian Evidence (Amndt.) Act, 2002 (Act 4 of 2003), w.e.f. 1-1-2003.
Prior to its omission it read as :
"(4) When a man is prosecuted for rape or an attempt to ravish, it may be shown
that the prosecutrix was of generally immoral character."
Of the examination of witnesses Sec. 155]
The Indian Evidence Act, 1872 86
Evidence is offered to show that, on a previous occasion, C said
that the wound was not given by A or in his presence.
The evidence is admissible.
Case Law
Unless the former statement has the potency to discredit the present
statement even if the latter is at variance with the former to some extent
it will not be helpful to contradict that witness. 1999 (8) SCC 649.
156. Questions tending to corroborate evidence of relevant
fact, admissible: When a witness whom it is intended to corroborate
gives evidence of any relevant fact, he may be questioned as to any other
circumstances which he observed at or near to the time or place at which
such relevant fact occurred, if the Court is of opinion that such circumstances,
if proved, would corroborate the testimony of the witness as to the relevant
fact which he testifies.
Illustration
A, an accomplice, gives an account of a robbery in which he took
part. He describes various incidents unconnected with the robbery which
occurred on his way to and from the place where it was committed.
Independent evidence of these facts may be given in order to corroborate
his evidence as to the robbery itself.
157. Former statements of witness may be proved to corroborate
later testimony as to same fact: In order to corroborate the testimony
of a witness, any former statement made by such witness relating to the
same fact, at or about the time when the fact took place, or before any
authority legally competent to investigate the fact, may be proved.
158. What matters may be proved in connection with proved
statement relevant under Section 32 or 33: Whenever any statement,
relevant under Section 32 or 33, is proved, all matters may be proved,
either in order to contradict or to corroborate it, or in order to impeach
or confirm the credit of the person by whom it was made, which might
have been proved if that person had been called as a witness and had
denied upon cross-examination the truth of the matter suggested.
159. Refreshing memory: A witness may, while under
examination, refresh his memory by referring to any writing made
[Sec. 159
87
by himself at the time of the transaction concerning which he is questioned,
or so soon afterwards that the Court considers it likely that the transaction
was at that time fresh in his memory.
The witness may also refer to any such writing made by any other
person, and read by the witness within the time aforesaid, if when he
read it he knew it to be correct.
When witness may use copy of document to refresh memory:
Whenever a witness may refresh his memory by reference to any document,
he may, with the permission of the Court refer to a copy of such document
:
Provided the Court be satisfied that there is sufficient reason for the
non-production of the original.
An expert may refresh his memory by reference to professional
treatises.
Case Law
Refreshing memory by Investigating Officer. AIR 2000 SC 185.
Investigating Officer can refresh the memory. 1999 (8) SCC 715.
160. Testimony to facts stated in document mentioned in Section
159: A witness may also testify to facts mentioned in any such document
as is mentioned in Section 159, although he has no specific recollection
of the facts themselves, if he is sure that the facts were correctly recorded
in the document.
Illustration
A book-keeper may testify to facts recorded by him in books regularly
kept in the course of business, if he knows that the books were correctly
kept, although he has forgotten the particular transactions entered.
161. Right of adverse party as to writing used to refresh
memory: Any writing referred to under the provisions of the two last
preceding sections must be produced and shown to the adverse party
if he requires it ; such party may, if he pleases, cross-examine the witness
thereupon.
162. Production of documents: A witness summoned to produce
a document shall, if it is in his possession or power, bring it to Court,
notwithstanding any objection which there may be to its production or
to its admissibility. The validity of any such objection shall be decided
on by the Court.
Of the examination of witnesses Sec. 162]
The Indian Evidence Act, 1872 88
The Court, if it sees fit, may inspect the document, unless it refers
to matters of State, or take other evidence to enable it to determine on
its admissibility.
Translation of documents: If for such a purpose it is necessary
to cause any document to be translated, the Court may, if it thinks fit,
direct the translator to keep the contents secret, unless the document is
to be given in evidence; and, if the interpreter disobeys such direction,
he shall be held to have committed an offence under Section 166 of the
Indian Penal Code (45 of 1860).
Case Law
Photostat copy of I.T. return Admissibility. AIR 2005 SC 439.
163. Giving, as evidence, of document called for and produced
on notice: When a party calls for a document which he has given the
other party notice to produce, and such document is produced and
inspected by the party calling for its production, he is bound to give it
as evidence if the party producing it requires him to do so.
164. Using, as evidence, of document, production of which was
refused on notice: When a party refuses to produce a document which
he has had notice to produce, he cannot afterwards use the document
as evidence without the consent of the other party or the order of the
Court.
Illustration
A sues B on an agreement and gives B notice to produce it. At the
trial, A calls for the document and B refuses to produce it. A gives secondary
evidence of its contents. B seeks to produce the document itself to contradict
the secondary evidence given by A, or in order to show that the agreement
is not stamped. He cannot do so.
165. Judges power to put questions or order production:
The Judge may, in order to discover or to obtain proper proof of
relevant facts, ask any question he pleases, in any form, at any time,
of any witness, or of the parties, about any fact relevant or irrelevant;
and may order the production of any document or thing ; and neither
the parties nor their agents shall be entitled to make any objection
to any such question or order, nor, without the leave of the Court,
[Sec. 165
89
1. Repealed by the Repealing Act, 1938, (1 of 1938).
Of improper admission & rejection of evidence Sch.]
to cross-examine any witness upon any answer given in reply to any such
question :
Provided that the judgment must be based upon facts declared by
this Act to be relevant, and duly proved :
Provided also that this section shall not authorize any Judge to compel
any witness to answer any question or to produce any document which
such witness would be entitled to refuse to answer or produce under
Sections 121 to 131, both inclusive, if the question were asked or the
document were called for by the adverse party ; nor shall the Judge ask
any question which it would be improper for any other person to ask
under Section 148 or 149 ; nor shall he dispense with primary evidence
of any document, except in the cases hereinbefore excepted.
Case Law
For power of Judge to put questions see AIR 1981 SC 1036 = 1981
(3) SCC 191. The Courts have to take a participatory role in a trial. They
are not expected to be tape recorders to record whatever is being stated
by the witnesses AIR 2008 SC 1943.
166. Power of jury or assessors to put questions: In cases
tried by jury or with assessors, the jury or assessors may put any questions
to the witnesses, through or by leave of the Judge, which the Judge himself
might put and which he considers proper.
CHAPTER XI
Of improper admission and rejection of evidence
167. No new trial for improper admission or rejection of
evidence: The improper admission or rejection of evidence shall not
be ground of itself for a new trial or reversal of any decision in any case,
if it shall appear to the Court before which such objection is raised that,
independently of the evidence objected to and admitted, there was sufficient
evidence to justify the decision, or that, if the rejected evidence had been
received, it ought not to have varied the decision.
The Schedule
1
[Enactments Repealed]

SUBJECT INDEX
Abetment
of suicide by married woman .............................................................. 67
Accomplice.................................................................................................... 77
Accused
confession................................................................................................. 22
information received ............................................................................... 23
Act, Orders of Notifications of Central Govt. ....................................... 50
Admission
of execution by party to attested document ...................................... 48
Agreement
contemporaneous ..................................................................................... 62
Articles of War ........................................................................................... 38
Books
containing decisions of Courts .............................................................. 53
Books, Maps and Charts............................................................................ 54
Books of account ........................................................................................ 29
Burden of Proof
as to ownership ...................................................................................... 66
as to particular fact .................................................................................. 64
as to relationship in certain cases ....................................................... 66
on whom lies ...................................................................................... 63
that person is alive or dead ................................................................. 65
to be proved to make evidence admissible ....................................... 64
when fact is within knowledge ............................................................ 65
within exceptions ..................................................................................... 64
Cause of death ............................................................................................ 25
Certified Copies ....................................................................................... 49,50
Character ..................................................................................................... 37
as affecting damages ................................................................................ 38
bad ............................................................................................................ 38
when relevant .......................................................................................... 38
Civil Cases
character to prove conduct imputed.................................................... 37
Civil Suit ........................................................................................................ 73
Communications
confidential ............................................................................................... 76
during marriage ....................................................................................... 73
Communications (Contd.)
official ....................................................................................................... 74
91
The Indian Evidence Act, 1872 92
professional .............................................................................................. 74
Conduct ............................................................................................................ 7
Confesssion .............................................................................................. 21,22
Court ............................................................................................................ 1,2
may presume existence of certain facts ................................................ 68
Criminal Cases .......................................................................................... 37
previous good character relevant ......................................................... 37
Criminal Proceedings ................................................................................... 21
Cross Examination.................................................................................... 79
as to previous statements ..................................................................... 80
questions lawful ....................................................................................... 81
Cruelty ........................................................................................................... 68
Custom........................................................................................................... 13
Digital Signature ...................................................................................... 53,54
Document ................................................................................................. 3,41
admission of execution by party .......................................................... 48
called for and produced on notice ........................................................ 88
certified copies of public ....................................................................... 50
language ................................................................................................... 61
presumption as to produced as record of evidence ......................... 51
presumption to thirty years old ............................................................ 55
private ....................................................................................................... 49
proof by production of certified copies .............................................. 50
proof by primary evidence .................................................................... 42
proof of contents .................................................................................... 41
proof of execution .................................................................................. 47
proof of signature produced.................................................................. 47
public ................................................................................................... 49,50
production of ........................................................................................... 87
translation of ............................................................................................ 88
Dowry death................................................................................................. 68
Dying declaration ........................................................................................... 9
Electronic Agreements................................................................................. 53
Electronic Evidence...................................................................................... 35
Electronic Messages .................................................................................... 54
Electronic Records ....................................................................................... 56
Electronic Signature ..................................................................................... 36
English Courts .............................................................................................. 39
Estoppel
of acceptor of bill of exchange........................................................... 72
93 Subject Index
of licensee of person in possession .................................................. 71
of tenant .................................................................................................. 71
Evidence
as to affairs of state ................................................................................ 74
as to application of language ............................................................... 61
as to document unmeaning in reference to existing facts .............. 61
as to matters in writing ........................................................................ 80
as to meaning of illegible characters .................................................. 62
corroborative .............................................................................................. 9
direct ......................................................................................................... 40
documentary ............................................................................................. 57
Exclusion of against application of document to existing facts ...... 61
Exclusion of to amend ambiguous document ..................................... 60
exclusion of oral agreements ................................................................ 58
Expert ....................................................................................................... 34
Judge to decide as to admissibility...................................................... 78
of terms of contracts ............................................................................ 57
Oral ........................................................................................................... 40
Presumption as to documents produced as record of ..................... 51
Primary ..................................................................................................... 41
production and effect ............................................................................. 63
Secondary................................................................................................. 41
verying the terms of document ............................................................ 62
Execution
Admission of by party ........................................................................ 48
presumtion as to due ............................................................................. 55
proof of document .................................................................................. 47
proof when attesting witness denies ................................................... 48
Expert opinions ............................................................................................. 33
Experts........................................................................................................... 35
Examination
cross ......................................................................................................... 79
Order of .............................................................................................. 77,79
in-chief ...................................................................................................... 79
Facts ............................................................................................................... 5
admitted need not be proved ............................................................... 40
Exclusion of evidence against application ........................................... 61
in issue ....................................................................................................... 7
judicially noticeable ................................................................................. 38
necessary to explain............................................................................... 10
proof of by oral evidence..................................................................... 40
The Indian Evidence Act, 1872 94
Facts (Contd.)
relevancy of .............................................................................................. 6
state of mind........................................................................................... 14
which Court must take judicial notice ................................................ 38
Finger impressions ........................................................................................ 48
Fraud or Collusion ....................................................................................... 33
General custom or right ............................................................................. 36
Government of India Act, 1935 ................................................................ 67
Identity of handwriting ................................................................................ 34
Incompetency of Court ............................................................................... 33
Indian Divorce Act, 1869........................................................................... 37
Indian Penal Code, 1860 .............................................................. 37,64,65,67
Indian Succession Act ................................................................................. 62
Information
as to commission of offences .............................................................. 74
Interpreters .................................................................................................... 76
Judges ............................................................................................................ 73
Judges Power
to put questions or order production ................................................... 88
Judgment in probate .................................................................................... 31
Judgments ...................................................................................................... 32
Judicial Notice .............................................................................................. 38
Leading questions ......................................................................................... 80
Legitimacy ..................................................................................................... 67
Magistrates .................................................................................................... 73
Maps or Plans ........................................................................................ 30,53
Marriage ............................................................................ 25,26,27,37,67,68,73
Murder ..................................................................................................... 2,4,6,8
National Flag ................................................................................................ 39
Notice ................................................................................................... 15,38,46
Opinion
as to electronic signature ...................................................................... 36
as to handwriting .................................................................................... 35
Grounds of ............................................................................................... 37
of experts ................................................................................................ 33
of examiner of Electronic Evidence .................................................... 35
on relationship ......................................................................................... 37
Parliament of U.K....................................................................................... 38
Parties
to civil suit .............................................................................................. 73
95 Subject Index
Power
of jury or assessor to put questions ................................................... 89
Powers of Attorney .................................................................................... 53
Presumption (s)
as to abetment of suicide ..................................................................... 67
as to absence of certain prosecution for rape ................................. 70
as to certain offences ........................................................................... 66
as to certified copies of foreign records ........................................... 54
as to collections of law & reports of decisions............................... 53
as to document admissible in England ................................................ 52
as to documents produced as record of evidence ........................... 52
as to documents thirty years old......................................................... 55
as to dowry death ................................................................................. 68
as to due execution etc. ....................................................................... 55
as to digital signature certificates ........................................................ 54
as to digital signature ............................................................................ 53
as to electronic agreements .................................................................. 53
as to electronic records five years old .............................................. 56
as to electronic records ........................................................................ 53
as to electronic messages ..................................................................... 55
as to gazettes, newspapers etc. ........................................................... 52
as to genuineness of certified copies ................................................. 51
as to maps or plans .............................................................................. 53
as to power of attorney ....................................................................... 53
as to telegraphic messages ................................................................... 54
Previous Judgments...................................................................................... 31
Production
of documents ........................................................................................... 76
of title deeds ........................................................................................... 76
order of .................................................................................................... 77
Proof
Admission of execution by party ......................................................... 48
certified copies of public ....................................................................... 49
of cession of territory............................................................................ 67
of contents of documents ................................................................ 20,41
of document not required...................................................................... 48
of documents by primary evidence ................................................... 42
of documents by production of certified copies ................................ 50
of execution of document required...................................................... 47
of good faith in transactions ................................................................ 66
The Indian Evidence Act, 1872 96
Proof (Contd.)
of legitimacy ............................................................................................ 67
of other official documents ................................................................... 50
of signature and handwriting ................................................................ 47
by official documents ............................................................................. 50
when attesting witness denies witness dencer the execution ......... 48
Conclusive .................................................................................................. 5
Public record ................................................................................................ 30
Question
by party to his own witness ................................................................ 81
Indecent and scandalous ........................................................................ 83
intended to insult or annoy ................................................................... 83
not to be asked without reasonable grounds ..................................... 82
power of jury or assessor .................................................................... 89
procedure when being asked without reasonable grounds ............. 82
Rape............................................................................................................... 70
Re-examination.............................................................................................. 79
Relevancy of Statements
as to any law contained in law books .............................................. 31
as to fact of public nature................................................................... 30
in maps, charts & plans ....................................................................... 30
Right
of adverse party ..................................................................................... 87
Rules as to notice ....................................................................................... 46
Signature, writing or seal ............................................................................ 48
Statements ................................................................................................ 24,80
Suits
for damages ............................................................................................ 13
Telegraphic messages .................................................................................. 54
Title deeds .................................................................................................... 76
Valid Marriage ............................................................................................. 67
Witness
not excused from answering ................................................................ 76
number of ................................................................................................ 77
former statements ................................................................................... 86
impeaching credit .................................................................................... 85
of the examination of ............................................................................ 77
when compelled to answer ................................................................... 81

1
THE CODE OF CRIMINAL PROCEDURE, 1973
[Act 2 of 1974]
[25th January, 1974]
An Act to consolidate and amend the law relating to Criminal
Procedure.
Be it enacted by Parliament in the Twenty-fourth Year of the Republic
of India as follows:
Statement of Objects and Reasons
1
The law relating to criminal procedure applicable to all criminal proceedings
in India (except those in the States of Jammu and Kashmir and Nagaland the
Tribal Areas in Assam) is contained in the Code of Criminal Procedure, 1898.
The Code has been amended from time to time by various Acts of the Central
and State Legislatures. The more important of these were the amendments
brought about by Central legislation in 1923 and 1955. The amendments of
1955 were extensive and were intended to simplify procedures and speed up
trials as far as possible. In addition, local amendments were made by State
Legislatures of which the most important were those made to bring about
separation of the Judiciary from the Executive. Apart from these amendments,
the provisions of the Code of 1898 have remained practically unchanged through
these decades and no attempt was made to have a comprehensive revision of
this old Code till the Central Law Commission was set up in 1955.
2. The first Law Commission presented its Report (the Fourteenth Report)
on the Reform of Judicial Administration, both civil and criminal in 1958; it was
not concerned with detailed scrutiny of the provisions of the Code of Criminal
Procedure, but it did make some recommendations in regard to the law of
criminal procedure, some of which required amendments to the Code. A
systematic examination of the Code was subsequently undertaken by the Law
Commission not only for giving concrete form to the recommendations made in
the Fourteenth Report but also with the object of attempting a general revision.
The main task of the Commission was to suggest measures to remove anomalies
and ambiguities brought to light by conflicting decisions of the High Courts or
otherwise to consider local variations with a view to securing and maintaining
uniformity, to consolidate laws wherever possible and to suggest improvements
where necessary. Suggestions for improvements received from various sources
were considered by the Commission. A comprehensive report for the revision
of the Code, namely, the Forty-first Report, was presented by the Law
Commission in September, 1969. This report took into consideration the
recommendations made in the earlier reports of the Commission dealing with
specific matters, namely, the Fourteenth, Twenty-fifth, Thirty-second, Thirty-
third, Thirty-sixth, Thirty-seventh and Fortieth Reports.
3. The recommendations of the Commission were examined carefully by
the Government, keeping in view, among others, the following basic
considerations:
(i) an accused person should get a fair trial in accordance with the
accepted principles of natural justice;
1. Pub in Gazette of India, Part II, S.2, Ext. dt. 10-12-1970 at p. 1309.
Code of Criminal Procedure, 1973 2
(ii) every effort should be made to avoid delay in investigation and trial
which is harmful not only to the individuals involved but also to
society; and
(iii) the procedure should not be complicated and should, to the utmost
extent possible, ensure fair deal to the poorer sections of the
community.
The occasion has been availed of to consider and adopt where appropriate
suggestions received from other quarters, based on practical experience of
investigation and the working of criminal Courts.
4. One of the main recommendations of the Commission is to provide for
the separation of the Judiciary from the Executive on an all India basis in order
to achieve uniformity in this matter. To secure this, the Bill seeks to provide for
a new set up of criminal Courts. In addition to ensuring fair deal to the accused,
separation as provided for in the Bill would ensure improvement in the quality
and speed of disposal as all Judicial Magistrates would be legally qualified and
trained persons working under close supervision of the High Court.
5. Some of the more important changes proposed to be made with a view
to speeding up the disposal of criminal cases are:
(a) the preliminary inquiry which precedes the trial by a Court of Session,
otherwise known as committal proceedings, is being abolished as it
does not serve any useful purpose and has been the cause of
considerable delay in the trial of offences;
(b) provision is being made to enable adoption of the summons procedure
for the trial of offences punishable with imprisonment up to two
years instead of up to one year as at present; this would enable a
larger number of cases being disposed of expeditiously;
(c) the scope of summary trials is being widened by including offences
punishable with imprisonment up to one year instead of six months
as at present; summons procedure will be adopted for all summary
trials;
(d) the powers of revision against interlocutory orders are being taken
away, as it has been found to be one of the main contributing factors
in the delay of disposal of criminal cases;
(e) the provision for compulsory stoppage of proceedings by a subordinate
Court on the mere intimation from a party of his intention to move a
higher Court for transfer of the case is being omitted and a further
provision is being made to the effect that the Court hearing the
transfer application shall not stay proceedings unless it is necessary
to do so in the interest of justice;
(f) when adjournments are granted at the instance of either party, the
Court is being empowered to order costs to be paid by the party
obtaining the adjournments to the other party;
(g) provision is being made for the service of summons by registered
post in certain cases;
(h) in petty cases, the accused is being enabled to plead guilty by post
and to remit the fine specified in the summons;
(i) if a Court of appeal or revision discovers that any error, omission or
irregularity in respect of a charge has occasioned failure of justice, it
need not necessarily order retrial;
[Sec. 2
3
(j) the facility of part-heard cases being continued by successors-in-
office now available in respect of Courts of Magistrates is being
extended to Courts of Session.
In addition to the above specific measures, the Commissions
recommendations which are intended to resolve conflicts of decisions on various
matters or to remove ambiguities have been given effect to and these provisions
may, by themselves, help in reducing the time taken in litigation.
6. Some of the more important changes intended to provide relief to the
proper sections of the community are:
(a) provisions have been made for giving legal aid to an indigent accused
in cases triable by a Court of Session; the State Government may
extend this facility to other categories of cases;
(b) the Court has been empowered to order payment of compensation
by the accused to the victims of crimes, to a larger extent than is
now permissible under the Code;
(c) when a Commission is issued for the examination of a witness for
the prosecution, the cost incurred by the defence including pleaders
fees may be ordered to be paid by the prosecution;
(d) the accused will be given an opportunity to make representation
against the punishment before it is imposed.
In addition to these specific provisions, the steps taken to reduce delays
would themselves automatically benefit the poorer sections, as it is they who
particularly suffer by the prolongation of criminal cases.
7. The notes on clauses explain the more important provisions of the Bill.
Chapter I
PRELIMINARY
1. Short title, extent and commencement: (1) This Act may be
called the Code of Criminal Procedure, 1973.
(2) It extends to the whole of India except the State of Jammu and Kashmir:
Provided that the provisions of this Code, other than those relating to
Chapters VIII, X and XI thereof, shall not apply,
(a) to the State of Nagaland,
(b) to the Tribal Areas,
but the concerned State Government may, by notification, apply such
provisions or any of them to the whole or part of the State of Nagaland or
such tribal areas, as the case may be, with such supplemental, incidental or
consequential modifications, as may be specified in the notification.
Explanation: In this Section tribal areas means the territories
which immediately before the 21st day of January, 1972, were included in
the tribal areas of Assam, as referred to in paragraph 20 of the Sixth
Schedule to the Constitution, other than those within the local limits of the
municipality of Shillong.
(3) It shall come into force on the 1st day of April, 1974.
Sec. 1] Preliminary
Code of Criminal Procedure, 1973 4
CASELAW
A penal statute must be construed strictly. AIR 1991 SC 1289. Criminal
Procedure must be a hand maid of Justice and not an obstacle in administration
1986 Cr.LJ 1266. If question of Jurisdiction is raised it must be towed as
a preliminary point 1981 Cr.LJ 1667. Cr.PC does not apply in matters of
contempt triable by High Court AIR 1954 SC 186. Cr.PC is a self contained
and complete Code AIR 1977 SC 1812. Where there is a bona fide Civil
dispute Criminal Proceeding is an abuse of the process of the Court 1979(4)
SCC 396. Statement before Customs officer is not a statement under Section
161 Cr.PC. AIR 1996 SC 52.
Police responsible to Courts at all stages of investigation. 1997(1) ALD
(Cri) 383 (AP). Where two views are possible order of acquittal not to be
interfered with AIR 2008 SC 2066. The Courts have to take a participatory
role in a trial. They are not expected to be tape recorders to record whatever
is being stated by the witnesses AIR 2008 SC 1943. Loading of FIR, conduct
of police officers where informant in a rustic villager-explained AIR 2008
SC 2110.
Continuance of proceeding a futile exercise - Quashing of FIR discussed
AIR 2008 SC 1968. CRPC and IPC are not applicable to extra territorial offence
committed by a non Indian citizen outside India 2008 (6) SCC 789. Principles
of res judicata or constructive res judicata not applicable to criminal cases
2008 (6) 789. Jurisdictional issue can be permitted to be raised at any stage
of the proceedings 2008 (6) SCC 789.
Meaning of fair trial AIR 2008 SC 1943. Factors to be considered before
granting bail AIR 2009 SC 94. No blanket order of bail under Section 438
AIR 2009 SC 254. To reopen or alter a final order inherent powers cannot
be exercised AIR 2009 SC 43. There cannot be review of judgment under
inherent power AIR 2009 SC 241. Application for examination of witness-
when not to be allowed AIR 2009 SC 69. Consideration in awarding of sentence
discussed. AIR 2009 SC 56.
2. Definitions: In this Code, unless the context otherwise requires
(a) bailable offence means an offence which is shown as bailable
in the First Schedule, or which is made bailable by any other law
for the time being in force ; and non-bailable offence means any
other offence;
(b) charge includes any head of charge when the charge contains
more heads than one;
(c) cognizable offence means an offence for which, and
cognizable case means a case in which a police officer may,
in accordance with the First Schedule or under any other law for
the time being in force, arrest without warrant;
(d) Complaint means any allegation made orally or in writing to a
Magistrate, with a view to his taking action under this Code, that
some person, whether known or unknown, has committed an
offence, but does not include a police report.
[Sec. 2
5
Explanation: A report made by a police officer in a case which
discloses, after investigation, the commission of a non-cognizable offence
shall be deemed to be a complaint; and the police officer by whom such
report is made shall be deemed to be the complainant;
(e) High Court" means
(i) in relation to any State, the High Court for that State;
(ii) in relation to a Union Territory to which the jurisdiction of the
High Court for a State has been extended by law, that High
Court;
(iii) in relation to any other Union Territory, the highest Court of
criminal appeal for that territory other than the Supreme Court
of India:
(f) India means the territories to which this Code extends;
(g) inquiry means every inquiry, other than a trial, conducted
under this Code by a Magistrate or Court;
(h) investigation includes all the proceedings under this Code for
the collection of evidence conducted by a police officer or by any
person (other than a Magistrate) who is authorised by a Magistrate
in this behalf;
(i) Judicial proceeding includes any proceeding in the course of
which evidence is or may be legally taken on oath;
(j) local jurisdiction, in relation to a Court or Magistrate means
the local area within which the Court or Magistrate may exercise
all or any of its or his powers under this Code
1
[and such local
area may comprise the whole of the State, or any part of the
State, as the State Government may, by notification, specify];
(k) metropolitan area means the area declared, or deemed to be
declared, under Section 8, to be a metropolitan area;
(l) non-congnizable offence means an offence for which, and
non-cognizable case" means a case in which, a police officer
has no authority to arrest without warrant;
(m) notification means a notification published in the Official
Gazette;
(n) Offence means any act or omission made punishable by any
law for the time being in force and includes any act in respect of
which a complaint may be made under Section 20 of the Cattle
Trespass Act, 1871 (1 of 1871);
Sec. 2] Preliminary
1. Inserted by Act 45 of 1978, w.e.f. 18-12-1978.
Code of Criminal Procedure, 1973 6
(o) officer-in-charge of a police station includes, when the officer-
in-charge of the police station is absent from the station-house or
unable from illness or other cause to perform his duties, the
police officer present at the station-house who is next in rank to
such officer and is above the rank of a constable or, when the
State Government so directs, any other police officer so present;
(p) place includes a house, building, tent, vehicle and vessel;
(q) Pleader, when used with reference to any proceeding in any
Court, means a person authorised by or under any law for the
time being in force, to practise in such Court, and includes any
other person appointed with the permission of the Court to act in
such proceeding;
(r) police report means a report forwarded by a police officer to
a Magistrate under sub-section (2) of Section 173 ;
(s) police station" means any post or place declared, generally or
specially, by the State Government, to be a police station, and includes
any local area specified by the State Government in this behalf;
(t) prescribed means prescribed by rules made under this Code;
(u) Public Prosecutor means any person appointed under Section
24, and includes any person acting under the directions of a
Public Prosecutor;
(v) sub-division means a sub-division of a district;
(w) summons-case means a case relating to an offence, and not
being a warrant-case ;
1
[(wa)victim means a person who has suffered any loss or injury
caused by reason of the act or omission for which the accused
person has been charged and the expression victim includes his
or her guardian or legal heir;]
(x) warrant-case means a case relating to an offence punishable
with death, imprisonment for life or imprisonment for a term
exceeding two years ;
(y) words and expressions used herein and not defined but defined in
the Indian Penal Code (45 of 1860) have the meanings respectively
assigned in them in that Code.
CASELAW
Complaint under Section 2(d) Criminal Procedure Code cannot be equated
with application or petition". 1997(1) ALT (Crl.) 18, 1995(2) ALT (Crl.) 420.
[Sec. 2
1. Inserted by CrPC (Amndt.) Act, 2008 (Act No.5 of 2009), w.e.f. 31-12-2009, vide
Noti, No. S.O. 3313(E), dt. 30-12-2009.
7
Oral complaint is a complaint. AIR 1970 SC 1153. Application for
restoration of complaint is not a complaint 1967 Cr.LJ 1049. Particular form
is not necessary for complaint 1958 Cr.LJ 11. A registered partnership firm
can file a complaint 1990 Cr.LJ 2460. Delay in filing complaint should be
satisfactorily explained AIR 1971 SC 66. Offences under Sections 4 and 5
of Gambling Act are cognizable and bailable AIR 1981 SC 368. Frustrated
litigates should not be permitted to invoke jurisdiction of Criminal Courts by
filing false complaints AIR 1982 SC 1238. An order directing to file complaint
under Section 340 is not a complaint AIR 1996 SC 509.
Where matter relating to Section 498-A IPC was received by Women's
Commission and forwarded to police, and FIR was registered held no illegality.
81 (1996) CLT 820 (Ori). Meaning of investigation. 2003 (6) SCC 195. No
format is envisaged for complaint. AIR 2006 SC 705. Terms Investigation
and officer in charge of Police Station: inclusive AIR 2009 SC 984.
3. Construction of references: (1) In this Code
(a) any reference, without any qualifying words, to a Magistrate,
shall be construed, unless the context otherwise requires:
(i) in relation to an area outside a metropolitan area, as a
reference to a Judicial Magistrate:
(ii) in relation to a metropolitan area, as a reference to a
Metropolitan Magistrate;
(b) any reference to a Magistrate of the second class shall, in relation
to an area outside a metropolitan area, be construed as a reference
to a Judicial Magistrate of the second class, and, in relation to a
metropolitan area, as a reference to a Metropolitan Magistrate;
(c) any reference to a Magistrate of the first class shall,
(i) in relation to a metropolitan area, be construed as a reference
to a Metropolitan Magistrate exercising jurisdiction in that area;
(ii) in relation to any other area, be construed as a reference to a
Judicial Magistrate of the first class exercising jurisdiction in
that area;
(d) any reference to the Chief Judicial Magistrate shall, in relation to
a metropolitan area, be construed as a reference to the Chief
Metropolitan Magistrate exercising jurisdiction in that area.
(2) In this Code, unless the context otherwise requires, any reference to the
Court of a Judicial Magistrate shall, in relation to a metropolitan area, be construed
as a reference to the Court of the Metropolitan Magistrate for that area.
(3) Unless the context otherwise requires, any reference in any
enactment passed before the commencement of this Code-
(a) to a Magistrate of the first class, shall be construed as a reference
to a Judicial Magistrate of the first class ;
Sec. 3] Preliminary
Code of Criminal Procedure, 1973 8
(b) to a Magistrate of the second class or of the third class, shall be
construed as a reference to a Judicial Magistrate of the second class;
(c) to a Presidency Magistrate or Chief Presidency Magistrate, shall
be construed as a reference, respectively, to a Metropolitan
Magistrate or the Chief Metropolitan Magistrate;
(d) to any area which is included in a metropolitan area, as a reference
to such metropolitan area, and any reference to a Magistrate of
the first class or of the second class in relation to such area, shall
be construed as a reference to the Metropolitan Magistrate
exercising jurisdiction in such area.
(4) Where, under any law, other than this Code, the functions
exercisable by a Magistrate relate to matters:
(a) which involve the appreciation or sifting of evidence or the
formulation of any decision which exposes any person to any
punishment or penalty or detention in custody pending investigation,
inquiry or trial or would have the effect of sending him for trial
before any Court, they shall, subject to the provisions of this
Code, be exercisable by a Judicial Magistrate ; or
(b) which are administrative or executive in nature, such as, the granting
of a licence, the suspension or cancellation of a licence, sanctioning
a prosecution or withdrawing from a prosecution, they shall, subject
as aforesaid, be exercisable by an Executive Magistrate.
STATE AMENDMENTS
Andaman and Nicobar Islands: Insert the following new Section 3A.
After Section 3.
3-A. Special provision relating to Andaman and Nicobar Islands:
(1) Reference in this Code to
(a) the Chief Judicial Magistrate shall be construed as references to
the District Magistrate or where the State Government so directs,
also to be Additional District Magistrate;
(b) a Magistrate or Magistrate of the first class or of the second class
or Judicial Magistrate of the first class or of the second class, shall
be construed as references to such Executive Magistrate as the State
Government may, by notification in the Official Gazette, specify.
(2) The State Government may, if it is of opinion that adequate number
of persons are available for appointment as Judicial Magistrate, by notification
in the Official Gazette, declare that the provisions of this Section shall, on
and from such day as may be specified in notification, cease to be in force
and different dates may be specified for different islands.
(3) On the cesser of operation of the provisions of this Section, every
inquiry or trial pending immediately before such cesser, before the District
Magistrate or Additional District Magistrate or any Executive Magistrate, as the
[Sec. 3
9
case may be, shall stand transferred, and shall be dealt with from the stage
which was reached before such cesser, by such Judicial Magistrate as the State
Government may specify in this behalf [Reg 1 of 1974, w.e.f. 30-3-1974.]
Nagaland: Insert the following sub-section, after sub-section (4).
(5) Notwithstanding anything contained in the foregoing provisions of
this Section,
(i) any reference in such of the provisions of this Code as apply to
the State of Nagaland to the Court and authority mentioned in
Column (1) of the Table below shall, until the Courts of Session
and Courts of Judicial Magistrate are constituted in the said areas,
be construed as references to the Court and authority mentioned
in the corresponding entry in Column (2) of that Table.
TABLE
1 2
Court of Session or Sessions Judge District Magistrate or Additional
or Chief Judicial Magistrate. Magistrate District Magistrate. Executive
or Magistrate of the first class or Magistrate
Judicial Magistrate of the first class.
(ii) reference mentioned in sub-section (3) to a Judicial Magistrate and
functions mentioned in sub-section (4) exercisable by a Judicial
Magistrate and Executive Magistrate shall be construed as reference
to, and exercised by, Deputy Commissioner and Additional Deputy
Commissioner and Assistant to Deputy Commissioner appointed
under any law in force.
Provided that an Assistant to Deputy Commissioner shall exercise such
powers of a Judicial Magistrate as may be invested by the Governor.-
Nagaland Gazette, dt. 19-6-1975.
Arunachal Pradesh and Mizoram: Insert the following sub-section after
sub-section 4.
(5) Notwithstanding anything contained in the foregoing provisions of
this sub-section
(i) any reference in such of the provisions of this Code, as apply to the
Union Territories of Arunachal Pradesh and Mizoram, to the Court
mentioned in Column (1) of the Table below shall, until the Courts of
Session and Courts of Judicial Magistrates are constituted in the said
Union Territories, be construed, as references to the Court of Magistrate
mentioned in the corresponding entry in Column (2) of that Table.
TABLE
1 2
Court of Session or Sessions Judge District Magistrate
or Chief Judicial Magistrate.
Magistrate or Magistrate of the first Executive Magistrate
class or Judicial Magistrate of the first class.
(ii) the functions mentioned in clause (a) of sub-section (4) shall be
exercisable by an Executive Magistrate."-Gazette of India, dt.
20.3.1974, part II, Section 3(ii).
Sec. 3] Preliminary
Code of Criminal Procedure, 1973 10
CASELAW
Special Court (Economic Offences) and jurisdiction to try offences under
IPC. AIR 2003 SC 1900.
4. Trial of offences under the Indian Penal Code and other
laws: (1) All offences under the Indian Penal Code (45 of 1860) shall be
investigated, inquired into, tried, and otherwise dealt with according to the
provisions hereinafter contained.
(2) All offences under any other law shall be investigated, inquired into,
tried, and otherwise dealt with according to the same provisions, but subject
to any enactment for the time being in force regulating the manner or place of
investigating, inquiring into, trying or otherwise dealing with such offences.
CASELAW
A Juvenile offender shall be tried under Juvenile Act by Juvenile Court.
AIR 1984 SC 237 = 1983(2) Crimes 937. Presiding Officer not to be mere
spectator or recording machine. AIR 2006 SC 1367.
5. Saving: Nothing contained in the Code shall, in the absence of the
specific provision to the contrary, affect any special or local law for the time
being in force, or any special jurisdiction or power conferred, or any special
form of procedure prescribed, by any other law for the time being in force.
CASELAW
The Provisions of the Children Act being special provisions will get precedence
over general provisions of Cr. P.C. AIR 1981 SC 2037; 1979 SCC (Cri.) 963.
Chapter II
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
6. Classes of Criminal Courts: Besides the High Courts and the
Courts constituted under any law, other than this Code, there shall be, in
every State, the following classes of Criminal Courts, namely,
(i) Courts of Session;
(ii) Judicial Magistrates of the first class and, in any metropolitan
area, Metropolitan Magistrates;
(iii) Judicial Magistrates of the second class ; and
(iv) Executive Magistrates.
CASELAW
Court of Special Judge is a Court of original criminal jurisdiction AIR
1984 SC 718 = 1984 (2) SCC 500.
7. Territorial divisions: (1) Every State shall be a sessions division
or shall consist of sessions divisions ; and every sessions division shall, for
the purposes of this Code, be a district or consist of districts:
Provided that every metropolitan area shall, for the said purposes, be
a separate sessions division and district.
[Sec. 7
11
(2) The State Government may, after consultation with the High Court,
alter the limits or the number of such divisions and districts.
(3) The State Government may, after consultation with the High Court,
divide any district into sub-divisions and may alter the limits or the number
of such sub-divisions.
(4) The session divisions, districts and sub-divisions existing in a State
at the commencement of the Code, shall be deemed to have been formed
under this Section.
8. Metropolitan areas: (1) The State Government may, by notification,
declare that, as from such date as may be specified in the notification, any
area in the State comprising a city or town whose population exceeds one
million shall be a metropolitan area for the purposes of this Code.
(2) As from the commencement of this Code, each of the Presidency
towns of Bombay, Calcutta and Madras and the city of Ahmedabad shall
be deemed to be declared under sub-section (1) to be a metropolitan area.
(3) The State Government may, by notification, extend, reduce or alter
the limits of a metropolitan area but the reduction or alteration shall not be so
made as to reduce the population of such area to less than one million.
(4) Where, after an area has been declared, or deemed to have been
declared to be, a metropolitan area, the population of such area falls below
one million, such area shall, on and from such date as the State Government
may, by notification, specify in this behalf, cease to be a metropolitan area;
but notwithstanding such cesser, any inquiry, trial or appeal pending immediately
before such cesser before any Court or Magistrate in such area shall continue
to be dealt with under this Code, as if such cesser had not taken place.
(5) Where the State Government reduces or alters, under sub-section
(3) the limits of any metropolitan area, such reduction or alteration shall not
affect any inquiry, trial or appeal pending immediately before such reduction
or alteration before any Court or Magistrate, and every such inquiry, trial or
appeal shall continue to be dealt with under this Code as if such reduction
or alteration had not taken place.
Explanation: In this Section, the expression population means
the population as ascertained at the last preceding census of which the
relevant figures have been published.
9. Court of Session: (1) The State Government shall establish a
Court of Session for every sessions division.
(2) Every Court of Session shall be presided over by a Judge, to be
appointed by the High Court.
(3) The High Court may also appoint Additional Sessions Judges and
Assistant Sessions Judges to exercise jurisdiction in a Court of Session.
(4) The Sessions Judge of one sessions division may be appointed by
the High Court to be also an Additional Sessions Judge of another division,
Sec. 9] Constitution of Criminal Courts and Offices
Code of Criminal Procedure, 1973 12
and in such case he may sit for the disposal of cases at such place or places
in the other division as the High Court may direct.
(5) Where the office of the Sessions Judge is vacant, the High Court
may make arrangements for the disposal of any urgent application which is,
or may be, made or pending before such Court of Session by an Additional
or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions
Judge, by a Chief Judicial Magistrate, in the sessions division and every such
Judge or Magistrate shall have jurisdiction to deal with any such application.
(6) The Court of Session shall ordinarily hold its sitting at such place
or places as the High Court may, by notification, specify, but if, in any
particular case, the Court of Session is of opinion that it will tend to the
general convenience of the parties and witnesses to hold its sittings at any
other place in the sessions division, it may, with the consent of the prosecution
and the accused, sit at that place for the disposal of the case or the
examination of any witness or witnesses therein.
Explanation: For the purposes of this Code, appointment does
not include the first appointment, posting or promotion of a person by the
Government to any service, or post in connection with the affairs of the
Union or of a State, where under any law, such appointment, posting or
promotion is required to be made by Government.
STATE AMENDMENTS
Orissa: In Section 9, sub-section (3), the following proviso shall be
added namely:
"Provided that notwithstanding anything to the contrary contained in this
Code, an Additional Sessions Judge in a district or sub-dividision, other than the
district or sub-division, by whatever name called, wherein the head quarters of
the Sessions Judge are situated, exercising jurisdiction in a Court of Sessions
shall have all the powers of the Sessions Judge under this Code, in respect of
the cases and the proceedings in the Criminal Courts in that district or sub-
division for the purpose of sub-section (7) of Section 116, Section 193 and
194, clause (a) of Section 209 and Section 409 and 449;
Provided further that the above powers shall not be in derogation of the
powers otherwise exercisable by an Additional Sessions Judge or a Session
Judge under this Code". [Orissa Act 6 of 2004]
Uttar Pradesh: Insert the following sub-section (5A) After sub-section 5.
(5-A) In the event of the death, resignation, removal or transfer of the
Sessions Judge, or of his being incapacitated by illness or otherwise for the
performance of his duties, or of his absence from the place at which his Court
is held, the seniormost among the Additional Sessions Judges and the Assistant
Sessions Judges present at the place, and in their absence the Chief Judicial
Magistrate shall without relinquishing his ordinary duties assume charge of the
office of the Sessions Judge and continue in charge thereof until the office is
resumed by the Sessions Judge or assumed by an officer appointed thereto, and
shall subject to the provision of this Code and any rules made by the High Court
in this behalf, exercise any of the powers of the Sessions Judge. [U.P. Act 1 of
1984, w.e.f. 1-5-1984.]
[Sec. 9
13
Insert the following proviso after sub-section (6).
Provided that the Court of Session may hold, or the High Court may
direct the Court of Session to hold its sitting in any particular case at any
place in the Sessions division, where it appears expedient to do so for
considerations of internal security or public order, and in such cases, the
consent of the prosecution and the accused shall not be necessary. [U.P.
Act 16 of 1976, w.e.f. 28-11-1975.]
West Bengal: Insert the following provisos, after sub-section (3).
Provided that notwithstanding anything to the contrary contained in this
Code, an Additional Sessions Judge in a sub-division, other than the sub-
division, by whatever name called, wherein the headquarters of the Sessions
Judges are situated, exercising jurisdiction in a Court of Session, shall have
all the powers of the Sessions Judge under this Code, in respect of the cases
and proceedings in the Criminal Courts in that sub-division, for the purposes
of sub-section (7) of Section 116, Sections 193 and 194, clause (a) of Section
209 and Sections 409, 439 and 449:
Provided further that the above powers shall not be in derogation of
the powers otherwise exercisable by an Additional Sessions Judge or a Sessions
Judge under this Code. [W.B. Act 24 of 1988, Section 3.]
CASELAW
Jail is not a prohibited place for trial of criminal case. AIR 1988 SC
1883 = 1988(2) Crimes 209 = 1988 SCC (Cri.) 711.
Additional Sessions Judge is competent to proceed with the trial of Juvenile
offenders. 1996(1) ALD (Cri.) 126 (SC) = I (1996) CCR 114 (SC) = AIR
1996 SC 905 = (1996) 1 SCC 665 = 1995(7) Scale 259 = 1996(1) AD (SC)
319 = 1995(4) Crimes 721 = 1996(1) SCJ 137 = 1996 SCC (Cri) 197.
10. Subordination of Assistant Sessions Judges: (1) All Assistant
Sessions Judges shall be subordinate to the Sessions Judge in whose Court
they exercise jurisdiction.
(2) The Sessions Judge may, from time to time, make rules consistent
with this Code, as to the distribution of business among such Assistant
Sessions Judges.
(3) The Sessions Judge may also make provisions for the disposal
of any urgent application, in the event of his absence or inability to act,
by an Additional or Assistant Sessions Judge or, if there be no Additional
or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every
such Judge or Magistrate shall be deemed to have jurisdiction to deal
with any such application.
Sec. 10] Constitution of Criminal Courts and Offices
Code of Criminal Procedure, 1973 14
11. Courts of Judicial Magistrates: (1) In every district (not
being a metropolitan area); there shall be established as many Courts of
Judicial Magistrates of the first class and of the second class, and at such
places, as the State Government may, after consultation with the High
Court, by notification specify:
1
[Provided that the State Government may, after consultation with
the High Court, establish, for any local area, one or more Special Courts
of Judicial Magistrates of the first class or of the second class to try
any particular case or particular class of cases, and where any such Special
Court is established, no other Court of Magistrate in the local area shall
have jurisdiction to try any case or class of cases for the trial of which
such Special Court of Judicial Magistrate has been established.]
(2) The presiding officers of such Courts shall be appointed by the
High Court.
(3) The High Court may, whenever it appears to it to be expedient
or necessary, confer the powers of a Judicial Magistrate of the first class
or of the second class on any member of the Judicial Service of the State,
functioning as a Judge in a Civil Court.
STATE AMENDMENTS
Andaman and Nicobar Islands, Dadra and Nagar Haveli and
Lakshadweep: In sub-section (3), for the words any member of the Judicial
Service of the State, functioning as a Judge in a Civil Court, the words
any person discharging the functions of a Civil Court shall be substituted.
[Regn. 1 of 1974, w.e.f. 30-3-1974.]
Bihar: Insert sub-section (4) after sub-section (3)
(4) The State Government may likewise establish for any local area
one or more Courts of Judicial Magistrate of the First Class or Second Class
to try any particular case or particular classes or categories of cases. Bihar
Act 8 of 1977, w.e.f. 10.1.1977.
Haryana: Insert sub-section (1A) after sub-section (1) Haryana Act
16 of 1976, w.e.f. 24.2.1976.
(1A) The State Government may likewise establish as many Courts
of Judicial Magistrates of first class and of the second class in respect to
particular cases or particular class or classes of cases, or in regard to cases
generally in any local area."
[Sec. 11
1. Added by Act 45 of 1978, w.e.f. 18-12-1978.
15
Kerala: Insert sub-section (1A) after sub-section(1),
(1A) The State Government may likewise establish as many Special
Courts of Judicial Magistrates of first class in respect to particular cases
or to a particular class or classes of cases or in regard to cases generally,
in any local area.Kerala Act 21 of 1987.
Validation: Any notification issued by the State Government on or after
the 2nd day December, 1974 and before the commencement of the Code
of Criminal Procedure (Amendment) Act, 1978 (Central Act 45 of 1978)
purporting to establish any special Court of the Judical Magistrate of the first
class having jurisdiction over more than one district shall be deemed to have
been issued under section 11 of the said code as amended by this Act and
accordingly such notification issued and any act or proceeding done or taken
or purporting to have been done or taken by virtue of it shall be deemed
to be and always to have been valid. [Kerala Act 21 of 1987, Sec. 2].
Punjab: Insert sub-section (1A) after sub-section (1)
(1A) The State Government may likewise establish as many Courts
of Judicial Magistrates of the first class in respect to particular cases, or
to particular classes of cases, or in regard to cases generally, in any local
area-Punjab Act 9 of 1978 w.e.f. 14.4.1978.
Rajasthan: Same as that of Haryana. Rajasthan Act 10 of 1977,
w.e.f. 13-9-1977.
Uttar Pradesh: Insert sub-section (1A) after sub-section (1)
(1A) The State Government may likewise establish as many Courts
of Judicial Magistrates of the first class and of the second class in respect
to particular cases, or to a particular class or particular classes of cases,
or in regard to cases generally, in any local area. U.P. Act 16 of 1976.
CASELAW
Special Court for economic offences established under notification by the
State Govt. has no jurisdiction to try offences under IPC or any other law
except the offences mentioned in the Schedule. 1996(1) East Cr.C 438 (Kar).
Special Courts Transfer of cases 2008 (2) SCC 383
12. Chief Judicial Magistrate and Additional Chief Judicial
Magistrate, etc.: (1) In every district (not being a metropolitan area),
the High Court shall appoint a Judicial Magistrate of the first class to
be the Chief Judicial Magistrate.
(2) The High Court may appoint any Judicial Magistrate of the first
class to be an Additional Chief Judicial Magistrate, and such Magistrate
shall have all or any of the powers of a Chief Judicial Magistrate under
Sec. 12] Constitution of Criminal Courts and Offices
Code of Criminal Procedure, 1973 16
this Code or under any other law for the time being in force as the High
Court may direct.
(3) (a) The High Court may designate any Judicial Magistrate of
the first class in any sub-division as the Sub-divisional Judicial Magistrate
and relieve him of the responsibilities specified in this Section as occasion
requires.
(b) Subject to the general control of the Chief Judicial Magistrate,
every Sub-divisional Judicial Magistrate shall also have and exercise, such
powers of supervision and control over the work of the Judicial Magistrates
(other than Additional Chief Judicial Magistrates) in the sub-division as
the High Court may, by general or special order, specify in this behalf.
STATE AMENDMENT
Nagaland: Substitute the words State Government for the words
High Courts wherever they occur Noti. No. Law170/74 Leg. dt. 30.6.1975.
Uttar Pradesh: Insert the following after sub-sec. (3) of Section 12.
(4) Where the office of the Chief Judicial Magistrate is vacant or he
is incapacitated by illness, absence or otherwise for the performance of his
duties, the seniormost among the Additional Chief judicial Magistrate and other
Judicial Magistrates present at the place, and in their absence the District
Magistrate and in his absence the seniormost Executive Magistrate shall dispose
of the urgent work of the Chief Judicial Magistrate. U.P. Act 1 of 1984,
w.e.f. 1.5.1984.
13. Special Judicial Magistrates: (1) The High Court may, if
requested by the Central or State Government so to do, confer upon
any person who holds or has held any post under the Government, all
or any of the powers conferred or conferrable by or under this Code
on a Judicial Magistrate
1
[of the first class or of the second class, in
respect to particular cases or to particular classes of cases, in any local
area, not being a metropolitan area]:
Provided that no such powers shall be conferred on a person unless
he possesses such qualification or experience in relation to legal affairs
as the High Court may, by rules, specify.
(2) Such Magistrates shall be called Special Judicial Magistrates, and
shall be appointed for such term, not exeeding one year at a time, as
the High Court may, by general or special order, direct.
1. Subs. by Act 45 of 1978.
[Sec. 13
17
1
[(3) The High Court may empower a Special Judicial Magistrate
to exercise the powers of a Metropolitan Magistrate in relation to any
metropolitan area outside his local jurisdiction.]
STATE AMENDMENTS
Andhra Pradesh: In sub-section (2):
"(1) The words "not exceeding two years at a time" shall be substituted
for the words not exceeding one year at a time ."
(2) The following proviso shall be inserted after sub-section (2).
Provided that any person who is holding the office of Special Judicial
Magistrate at the commencement of the Code of Criminal Procedure (Andhra
Pradesh Amendment) Act, 1992 and has not completed sixty-five years of
age shall continue to hold office for a term of two years from the date of
his appointment. Andhra Pradesh Act 2 of 1992.
Bihar: Substitute the words in any local area for the words in any
district, Bihar Act 8 of 1977, w.e.f. 10.1.1977.
Haryana: In sub-section (1):
(1) Substitute the words first class or second class" for the words
second class and
(2) Substitute the words "in any local area" for the words "in any district."
Haryana Act 16 of 1976, w.e.f. 24-2-1976.
Himachal Pradesh: Same as in Bihar: H.P. Act 40 of 1976, w.e.f.
13.11.1976.
Punjab: In sub-section (1):
(1) Substitute the words in any local area for the words in any district
and
(2) Substitute the words first class or second class." for the words
second class. Punjab Act 9 of 1978, w.e.f. 14.4.1978.
Uttar Pradesh: Same as in Haryana: U.P. Act 16 of 1976 w.e.f.
1.5.1976.
CASELAW
Sections 13(1) and 18(1) cannot be held to be violative of Article 14
on the ground that they confine to appointment of Special Judicial Magistrate,
Special Metropolitan Magistrate to persons holding any post under Government.
1997(4) SCC 287.
Sec. 13] Constitution of Criminal Courts and Offices
CRPC2
1. Inserted by Act 45 of 1978.
Code of Criminal Procedure, 1973 18
14. Local jurisdiction of Judicial Magistrates: (1) Subject to
the control of the High Court, the Chief Judicial Magistrate may, from
time to time, define the local limits of the areas within which the Magistrates
appointed under Section 11 or under Section 13 may exercise all or any
of the powers with which they may respectively be invested under this
Code:
1
[Provided that the Court of a Special Judicial Magistrate may hold
its sitting at any place within the local area for which it is established.]
(2) Except as otherwise provided by such definition, the jurisdiction
and powers of every such Magistrate shall extend throughout the district.
1
[(3) Where the local jurisdiction of a Magistrate, appointed under
Section 11 or Section 13 or Section 18, extends to an area beyond the
district, or the metropolitan area, as the case may be, in which he ordinarily
holds Court, any reference in this Code to the Court of Session, Chief
Judicial Magistrate or the Chief Metropolitan Magistrate shall, in relation
to such Magistrate, throughout the area within his local jurisdiction, be
construed, unless the context otherwise requires, as a reference to the
Court of Session, Chief Judicial Magistrate, or Chief Metropolitan Magistrate,
as the case may be, exercising jurisdiction in relation to the said district
or metropolitan area.]
STATE AMENDMENT
Maharashtra: Insert the following new Section 14A. after Section 14.
14A. Investing Judicial Magistrates with jurisdiction in specified cases
or local area: The High Court may invest any Judicial Magistrate with all
or any of the powers conferred or conferrable by or under this Code upon
a Judicial Magistrate in respect to particular cases or to a particular class
or classes of cases, or in regard to cases generally, in any local area, consisting
of all or any of the districts specified by it in this behalf" Maharashtra Act
23 of 1976, w.e.f. 10.6.1976.
15. Subordination of Judicial Magistrates: (1) Every Chief
Judicial Magistrate shall be subordinate to the Sessions Judge, and every
other Judicial Magistrate shall, subject to the general control of the Sessions
Judge, be subordinate to the Chief Judicial Magistrate.
(2) The Chief Judicial Magistrate may, from time to time, make rules
or give special orders, consistent with this Code, as to the distribution
of business among the judicial Magistrates subordinate to him.
1. Inserted by Act 45 of 1978, w.e.f. 18-12-1978.
[Sec. 15
19
STATE AMENDMENT
Bihar: Insert sub-section (3), after sub-section (2).
(3) Any Judicial Magistrate exercising powers over any local area
extending beyond the district in which he holds his Court, shall be subordinate
to the Chief Judicial Magistrate of the said district and references in this
Code to the Sessions Judge shall be deemed to be references to the Sessions
Judge of that district where he holds his Court-Bihar Act 8 of 1977 w.e.f.
10-1-1977.
16. Courts of Metropolitan Magistrates: (1) In every metropolitan
area, there shall be established as many Courts of Metropolitan Magistrates,
and at such places, as the State Government may, after consultation with
the High Court, by notification, specify.
(2) The presiding officers of such Courts shall be appointed by the
High Court.
(3) The Jurisdiction and powers of every Metropolitan Magistrate
shall extend throughout the metropolitan area.
STATE AMENDMENT
Uttar Pradesh: Insert sub-section (4), after sub-section (3).
(4) Where the Office of the Chief Metropolitan Magistrate is vacant
or he is incapacitated by illness, absence or otherwise for the performance
of his duties, the seniormost among the Additional Chief Metropolitan Magistrates
and other Metropolitan Magistrates present at the place, shall dispose of the
urgent work of the Chief Metropolitan Magistrate - U.P. Act 1 of 1984,
w.e.f. 1-5-1984.
17. Chief Metropolitan Magistrate and Additional Chief
Metropolitan Magistrate: (1) The High Court shall, in relation to every
metropolitan area within its local jurisdiction, appoint a Metropolitan
Magistrate to be the Chief Metropolitan Magistrate for such metropolitan
area.
(2) The High Court may appoint and Metropolitan Magistrate to
be an Additional Chief Metropolitan Magistrate, such Magistrate shall have
all or any of the powers of a Chief Metropolitan Magistrate under this
Code or under any other law for the time being in force, as the High
Court may direct.
18. Special Metropolitan Magistrates: (1) The High Court may,
if requested by the Central or State Government, so to do, confer upon
any person who holds or has held any post under the Government, all
Sec. 18] Constitution of Criminal Courts and Offices
Code of Criminal Procedure, 1973 20
or any of the powers conferred or conferrable by or under this Code
on a Metropolitan Magistrate, in respect to particular cases or to particular
classes of cases
1
[x x x] in any metropolitan area within its local jurisdiction:
Provided that no such power shall be conferred on a person unless
he possesses such qualification or experience in relation to legal affairs
as the High Court may, by rules, specify.
(2) Such Magistrates shall be called Special Metropolitan Magistrates
and shall be appointed for such term, not exceeding one year at a time,
as the High Court may, by general or special order, direct.
2
[(3) The High Court or the State Government, as the case may
be, may empower any Special Metropolitan Magistrate to exercise, in
any local area outside the metropolitan area, the powers of a Judicial
Magistrate of the First Class.]
STATE AMENDMENTS
Andhra Pradesh: In sub-section (2):
(1) substitute the words not exceeding two years at a time" for the
words not exceeding one year at a time."
(2) after sub-section (2) insert the following proviso.
Provided that a person who is holding the office of Special Metropolitan
Magistrate at the commencement of the Code of Criminal Procedure (Andhra
Pradesh Amendment) Act, 1992, and has not completed sixty-five years of
age shall continue to hold office for a term of two years from the date of
his appointment-Andhra Pradesh Act 2 of 1992.
Maharashtra: In sub-section (1), for in any metropolitan areasubstitute
in one or more metropolitan areas.-Maharashtra Act 23 of 1976, Section
3 w.e.f. 10-6-1976.
19. Subordination of Metropolitan Magistrates: (1) The Chief
Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate
shall be subordinate to the Sessions Judge ; and every other Metropolitan
Magistrate shall, subject to the general control of the Sessions Judge, be
subordinate to the Chief Metropolitan Magistrate.
(2) The High Court may, for the purposes of this Code, define the
extent of the subordination, if any, of the Additional Chief Metropolitan
Magistrates to the Chief Metropolitan Magistrate.
[Sec. 19
1. The words or to cases generally omitted by Act 45 of 1978, w.e.f. 18-12-1978.
2. Subs. for original sub-section (3) by Act 45 of 1978, w.e.f. 18-12-1978.
21
(3) The Chief Metropolitan Magistrate may, from time to time, make
rules or give special orders, consistent with this Code, as to the distribution
of business among the Metropolitan Magistrates and as to the allocation
of business to an Additional Chief Metropolitan Magistrate.
20. Executive Magistrates: (1) In every district and in every
metropolitan area, the State Government may appoint as many persons
as it thinks fit to be Executive Magistrates and shall appoint one of them
to be the District Magistrate.
(2) The State Government may appoint any Executive Magistrate
to be an Additional District Magistrate, and such Magistrate shall have
1
[such] of the powers of a District Magistrate under this Code or under
any other law for the time being in force
2
[as may be directed by the
State Government].
(3) Whenever, in consequence of the office of a District Magistrate
becoming vacant, any officer succeeds temporarily to the executive
administration of the district, such officer shall, pending the orders of the
State Government, exercise all the powers and perform all the duties
respectively conferred and imposed by this Code on the District Magistrate.
(4) The State Government may place an Executive Magistrate in
charge of a sub-division and may relieve him of the charge as occasion
requires; and the Magistrate so placed in charge of a sub-division shall
be called the Sub-divisional Magistrate.
3
[(4A) The State Government may, by general or special order and
subject to such control and directions as it may deem fit to impose,
delegate its powers under sub-section (4) to the District Magistrate.]
(5) Nothing in this Section shall preclude the State Government from
conferring under any law for the time being in force, on a Commissioner
of Police, all or any of the powers of an Executive Magistrate in relation
to a metropolitan area.
STATE AMENDMENT
Uttar Pradesh: Insert sub-section (6), after sub-section (5).
Sec. 20] Constitution of Criminal Courts and Offices
1. Subs. for "all or any" by Act No. 45 of 1978, dt. 18-12-1978.
2. Inserted by Act No. 45 of 1978, w.e.f. 18-12-1978.
3. Inserted by Cr.PC (Amndt.) Act, 2005 (Act 25 of 2005), w.e.f. 23-6-2006, vide S.O.
No. 923(E), dt. 21-6-2006.
Code of Criminal Procedure, 1973 22
"(6) The State Government may delegate its powers under sub-section
(4) to the District Magistrate" U.P. Act 1 of 1984, w.e.f. 1-5-1984.
21. Special Executive Magistrate: The State Government may
appoint, for such term as it may think fit, Executive Magistrates, to be
known as Special Executive Magistrates, for particular areas or for the
performance of particular functions and confer on such Special Executive
Magistrates such of the powers as are conferrable under this Code on
Executive Magistrates, as it may deem fit.
22. Local jurisdiction of Executive Magistrates: (1) Subject
to the control of the State Government, the District Magistrate may, from
time to time, define the local limits of the areas within which the Executive
Magistrates may exercise all or any of the powers with which they may
be invested under this Code.
(2) Except as otherwise provided by such definitions, the jurisdiction
and powers of every such Magistrate shall extend throughout the district.
23. Subordination of Executive Magistrates: (1) All Executive
Magistrates, other than the Additional District Magistrate, shall be subordinate
to the District Magistrate, and every Executive Magistrate (other than the
Sub-Divisional Magistrate) exercising powers in a sub-division shall also
be subordinate to the Sub-Divisional Magistrate, subject, however, to the
general control of the District Magistrate.
(2) The District Magistrate may, from time to time, make rules or
give special orders, consistent with this Code, as to the distribution of
business among the Executive Magistrates subordinate to him and as to
the allocation of business to an Additional District Magistrate.
1
[24. Public Prosecutors: (1) For every High Court, the Central
Government or the State Government shall, after consultation with the High
Court, appoint a Public Prosecutor and may also appoint one or more
Additional Public Prosecutors, for conducting in such Court, any prosecution,
appeal or other proceeding on behalf of the Central Government or State
Government, as the case may be.
(2) The Central Government may appoint one or more Public
Prosecutors for the purpose of conducting any case or class of cases
in any district, or local area.
1. Subs. by Act 45 of 1978, w.e.f. 18-12-1978.
[Sec. 24
23
(3) For every district, the State Government shall appoint a Public
Prosecutor and may also appoint one or more Additional Public Prosecutors
for the district:
Provided that the Public Prosecutor or Additional Public Prosecutor
appointed for one district may be appointed also to be a Public Prosecutor
or an Additional Public Prosecutor, as the case may be, for another district.
(4) The District Magistrate shall, in consultation with the Sessions
Judge, prepare a panel of names of persons, who are, in his opinion fit
to be appointed as Public Prosecutors or Additional Public Prosecutors
for the district.
(5) No person shall be appointed by the State Government as the
Public Prosecutor or Additional Public Prosecutor for the district unless
his name appears in the panel of names prepared by the District Magistrate
under sub-section (4).
(6) Notwithstanding anything contained in sub-section (5), where in
a State there exists a regular Cadre of Prosecuting Officers, the State
Government shall appoint a Public Prosecutor or an Additional Public
Prosecutor only from among the persons constituting such Cadre:
Provided that where, in the opinion of the State Government, no
suitable person is available in such Cadre for such appointment that
Government may appoint a person as Public Prosecutor or Additional
Public Prosecutor, as the case may be, from the panel of names prepared
by the District Magistrate under sub-section (4)
1
[Explanation: For the purposes of this sub-section,
(a) "regular Cadre of Prosecuting Officers" means a Cadre of
Prosecuting Officers which includes therein the post of a Public
Prosecutor, by whatever name called, and which provides for
promotion of Assistant Public Prosecutors, by whatever name
called, to that post;
(b) "Prosecuting Officer" means a person, by whatever name
called, appointed to perform the functions of a Public
Prosecutor, an Additional Public Prosecutor or an Assistant
Public Prosecutor under this Code.]
1. Inserted by Cr.PC (Amendment) Act, 2005, w.r.e.f. 18-12-1978.
Sec. 24] Constitution of Criminal Courts and Offices
Code of Criminal Procedure, 1973 24
(7) A person shall be eligible to be appointed as a Public Prosecutor
or an Additional Public Prosecutor under sub-section (1) or sub-section
(2) or sub-section (3) or sub-section (6), only if he has been in practice
as an advocate for not less than seven years.
(8) The Central Government or the State Government may appoint,
for the purposes of any case or class of cases, a person who has been
in practice as an advocate for not less than ten years as a Special Public
Prosecutor.
1
[Provided that the Court may permit the victim to engage an
advocate of his choice to assist the prosecution under this sub-section.]
(9) For the purposes of sub-section (7) and sub-section (8), the
period during which a person has been in practice as a pleader, or has
rendered (whether before or after the commencement of this Code) service
as a Public Prosecutor or as an Additional Public Prosecutor or Assistant
Public Prosecutor or other Prosecuting Officer, by whatever name called,
shall be deemed to be the period during which such person has been
in practice as an advocate.]
STATE AMENDMENTS
Bihar: Substitute the following for sub-section (6).
(6) Notwithstanding anything contained in sub-section (5) where in a
State there exists a regular cadre of Prosecuting Officers, the State Government
may also appoint a Public Prosecutor or an Additional Public Prosecutor from
among the persons constituting such cadre- Bihar Act 16 of 1984, w.e.f.
24-8-1984.
Maharashtra: (1) The words after consultation with the High Court
in sub-section (1) shall be omitted
(2) The words with the approval of the State Government, for the
words in consultation with the Session Judge in sub-section (4) shall be
subs. Maharashtra Act 34 of 1981, w.e.f. 26-5-1981.
Haryana: Insert the following after sub-section (6).
Explanation: For the purposes of sub-section (6), the persons
constituting the Haryana State Prosecution Legal Service (Group A) or Haryana
State Prosecution Legal Service (Group B), shall be deemed to be regular
cadre of prosecuting officers-Haryana Act 14 of 1985,
[Sec. 24
1. Inserted by Cr.PC (Amndt.) Act, 2008, (Act No. 5 of 2009), w.e.f. 31-12-2009, vide
Noti, No. S.O. 3313(E), dt. 30-12-2009
25
Karnataka: (1) the words or the State Government shall in sub-
section (1) shall be omitted ; and
(2) the words or the State Government, shall appoint a Public Prosecutor"
substituted for the words appoint a Public Prosecutor in sub-section (1)
- Karnataka Act 20 of 1982, w.e.f. 3-9-1981.
Rajasthan: Same as in Bihar Rajasthan Act 1 of 1981, w.e.f. 10.12.1980.
Tamil Nadu: (1) The words but subject to the provisions of sub-
section (6A) shall be inserted after the words sub-section (5)" in sub-
section (6);
(2) after sub-section (6) insert the following sub-section
(6A) Notwithstanding anything contained in sub-section (6), the State
Government may appoint a person who has been in practice as an advocate
for not less than seven years, as the Public Prosecutor or Additional Public
Prosecutor for the district and it shall not be necessary to appoint the Public
Prosecutor or Additional Public Prosecutor for the district from among the
persons constituting the cadre of Prosecuting Officers in the State of Tamil
Nadu and the provisions of sub-sections (4) and (5) shall apply to the
appointment of a Public Prosecutor or Additional Public Prosecutor under this
sub-section, and
(3) Insert or sub-section (6A), after sub-section (6) in sub-section
(7). Tamil Nadu Act 42 of 1980, w.e.f. 1.12.1980.
Uttar Pradesh: (1) After Public Prosecutor" insert and one or more
Additional Public Prosecutors" in sub-sec (1) ; and
(2) After sub-section (6): insert the following sub-section (7).
(7) For the purposes of sub-sections (5) and (6) the period during
which a person has been in practice as a pleader, or has rendered service
as a Public Prosecutor, Additional Public Prosecutor or Assistant Public
Prosecutor shall be deemed to be the period during which such person has
been in practice as an advocate.-U.P. Act 33 of 1978, w.e.f 9-10-1978.
(a) In Section 24 (1) the following words shall be omitted "after
consultation with the High Court
(b) Sub-sections (4) (5) & (6) shall be omitted
(c) The words or sub-section (6) in sub-section (7) shall be omitted.
U.P. Act 18 of 1991 w.e.f. 16-2-1991.
West Bengal: Section 24(6): For the words shall appoint a Public
Prosecutor or an Additional Public Prosecutor only" the words "may also
appoint a Public Prosecutor or an Additional Public Prosecutor" shall be
substituted. [W.B. Act 26 of 1990]
Sec. 24] Constitution of Criminal Courts and Offices
Code of Criminal Procedure, 1973 26
The proviso, in sub-section (6) shall be omitted W.B. Act 25 of 1992.
Madhya Pradesh: The following Amndt. were made by Madhya Pradesh
Act 21 of 1995, Section 3 In Section 24 of the Principal Act,
(i) Section 24 (6) In sub-section (6), for the words, brackets and
figure "Notwithstanding anything contained in sub-section (5)", the words,
brackets, letter and figures "Notwithstanding anything contained in sub-section
(5), but subject to the provisions of sub-section (6-A)" shall be subs. and
shall be deemed to have been subs. w.e.f. 18-12-1978.
(ii) Section 24 (6-A) After sub-section (6), the following sub-section
shall be ins. and shall be deemed to have been ins. w.e.f. 18-12-1978, namely,
"(6-A) Notwithstanding anything contained in sub-section (6), the State
Government may appoint a person who has been in practice as an advocate
for not less than seven years as the Public Prosecutor or Additional Public
Prosecutor for the district and it shall not be necessary to appoint the Public
Prosecutor or Additional Public Prosecutor for the district from among the
persons constituting the Cadre of Prosecuting Officers in the State of Madhya
Pradesh and the provisions of sub-secs. (4) and (5) shall apply to the
appointment of a Public Prosecutor or Additional Public Prosecutor under this
sub-section."
(iii) Section 24(7) In sub-section (7), after the words, brackets and
figure "sub-section (6)" the words, brackets, figure and letter "or sub-section
(6-A)" shall be inserted and shall be deemed to have been inserted w.e.f.
18-12-1978 ; and
(iv) In sub-section (9), for the words, brackets and figure, "sub-section
(7)", the words brackets, figures and letter "sub-section (6-A) and sub-section
(7)" shall be subs. and shall be deemed to have been subs. w.e.f. 18-12-
1978.
CASELAW
Public Prosecutor should not appear to defend accused AIR 1984 SC
1591. State Government can appoint a Special Public Prosecutor under Section
24 (8) of Cr.PC AIR 1983 SC 194 = 1983 Cr.LJ 348 = 1983 (1) SCC 438.
Cases under Customs Act, Gold Control Act, etc. to be entrusted only
to counsel having experience and ability in that branch of law. 1997 (3) SCC
721.
It is inexpedient to appoint an Assistant Public Prosecutor as Special
Public Prosecutor to conduct trial in Sessions Court. 1994 (2) ALT (Crl.) 687.
Public Prosecutor can direct another to conduct the case and he will
be Public Prosecutor under the Code, 1995(2) ALT (Crl.) 555.
[Sec. 24
27
Government Pleader (Home) who is neither Public Prosecutor nor Special
Public Prosecutor, cannot represent the State in a Criminal Proceeding, 1994
(1) ALT (Crl.) 295.
Where tenure of earlier P.P. expired, extension without following procedure
is bad. 1996 (1) ALD (Cri) 674 (AP).
Assistant P.P. Not eligible as P.P. unless they have requisite qualifications
as specified in Section 24 (7) of the Code. 1996 Cr. LJ 1498.
In metropolitan area, consultation for preparation of panel can be done
only with Metropolitan Sessions Judge of the concerned area. 1997 (1) ALD
(Cri) 180 (AP).
Appointment of special public prosecutor Dealt with. AIR 2010 SC
463.
25. Assistant Public Prosecutors: (1) The State Government shall
appoint in every district one or more Assistant Public Prosecutors for
conducting prosecutions in the Courts of Magistrates.
1
[(1A) The Central Government may appoint one or more Assistant
Public Prosecutors for the purpose of conducting any case or class of
cases in the Courts of Magistrates.]
(2) Save as otherwise provided in sub-section (3), no police officer
shall be eligible to be appointed as Assistant Public Prosecutor.
(3) Where no Assistant Public Prosecutor is available for the purposes
of any particular case, the District Magistrate may appoint any other person
to be the Assistant Public Prosecutor in charge of that case:
Provided that a police officer shall not be so appointed
(a) if he has taken any part in the investigation into the offence with
respect to which the accused is being prosecuted ; or
(b) if he is below the rank of Inspector.
STATE AMENDMENTS
Orissa: Same as in U.P., Orissa Act 6 of 1995, w.e.f. 10-3-1995.
Uttar Pradesh: In sub-section (2) insert the following Proviso.
Provided that nothing in this sub-section shall be construed to prohibit
the State Government from exercising its control over Assistant Public Prosecutor
through police officers. U.P. Act 16 of 1976, w.e.f. 30-4-1976.
West Bengal: Substitute the following. for sub-section (3).
1. Inserted by Act No. 45 of 1978, w.e.f. 18-12-1978.
Sec. 25] Constitution of Criminal Courts and Offices
Code of Criminal Procedure, 1973 28
(3) Where no Assistant Public Prosecutor is available for the purposes
of any particular case, any advocate may be appointed to be the Assistant
Public Prosecutor in charge of that case-
(a) where the case is before the Court of a Judicial Magistrate in any
area in a sub-division wherein the headquarters of the District Magistrate are
situated, by the District Magistrate; or
(b) where the case is before the Court of a Judicial Magistrate in any
area in a sub-division, other than the sub-division referred to in clause (a),
wherein the headquarters of the Sub-divisional Magistrate are situated, by the
Sub-divisional Magistrate ; or
(c) where the case is before the Court of a Judicial Magistrate in any
area, other than the area referred to in clauses (a) and (b) by a local officer
(other than a police officer) specially authorised by the District Magistrate
in this behalf.
Explanation: For the purposes of this sub-section
(i) advocate shall have the same meaning as in the Advocates Act,
1961 (25 of 1961);
(ii) local officer shall mean an officer of the State Government in
any area, other than the area referred to in clauses (a) and (b)- W.B.Act
17 of 1985,
CASELAW
Decision not to renew tenure of Public Prosecutor Judicial review.
2004 (4) SCC 714.
1
[25A. Directorate of Prosecution: (1) The State Government
may establish a Directorate of Prosecution consisting of a Director of
Prosecution and as many Deputy Directors of Prosecution as it thinks
fit.
(2) A person shall be eligible to be appointed as a Director of
Prosecution or a Deputy Director of Prosecution, only if he has been
in practice as an advocate for not less than ten years and such appointment
shall be made with the concurrence of the Chief Justice of the High Court.
(3) The Head of the Directorate of Prosecution shall be the Director
of Prosecution, who shall function under the administrative control of the
Head of the Home Department in the State.
1. Inserted by Cr.PC (Amndt.) Act, 2005 (Act 25 of 2005), w.e.f. 23-6-2006.
[Sec. 25A
29
(4) Every Deputy Director of Prosecution shall be subordinate to
the Director of Prosecution.
(5) Every Public Prosecutor, Additional Public Prosecutor and Special
Public Prosecutor appointed by the State Government under sub-section
(1), or as the case may be, sub-section (8), of Section 24 to conduct
cases in the High Court shall be subordinate to the Director of Prosecution.
(6) Every Public Prosecutor, Additional Public Prosecutor and Special
Public Prosecutor appointed by the State Government under sub-section
(3), or as the case may be, sub-section (8), of Section 24 to conduct
cases in District Courts and every Assistant Public Prosecutor appointed
under sub-section (1) of Section 25 shall be subordinate to the Deputy
Director of Prosecution.
(7) The powers and functions of the Director of Prosecution and
the Deputy Directors of Prosecution and the areas for which each of the
Deputy Directors of Prosecution have been appointed shall be such as
the State Government may, by notification, specify.
(8) The provisions of this section shall not apply to the Advocate
General for the State while performing the functions of a Public Prosecutor.]
Chapter III
POWERS OF COURTS
26. Courts by which offences are triable: Subject to the other
provisions of this Code,
(a) any offence under the Indian Penal Code (45 of 1860) may
be tried by
(i) the High Court, or
(ii) the Court of Session, or
(iii) any other Court by which such offence is shown in the First
Schedule to be triable,
1
[Provided that any offence under Section 376 and Sections 376
A to 376D of the Indian Penal Code (45 of 1860) shall be
tried as far as practicable by a Court presided over by a
woman.]
Sec. 26] Powers of Courts
1. Inserted by Cr.PC (Amndt.) Act, 2008 (Act No. 5 of 2009), w.e.f. 31-12-2009, vide
Noti, No. S.O. 3313(E), dt. 30-12-2009
Code of Criminal Procedure, 1973 30
(b) any offence under any other law shall, when any Court is
mentioned in this behalf in such law, be tried by such Court
and when no Court is so mentioned, may be tried by-
(i) the High Court, or
(ii) any other Court by which such offence is shown in the First
Schedule to be triable.
STATE AMENDMENT
Uttar Pradesh: Following clause (b) shall be substituted
"(b) any offence under any other law may be tried,
(i) when any Court is mentioned in this behalf in such law, by such
Court, or by any Court superior in rank to such Court, and
(ii) when no Court is so mentioned, by any Court by which such offence
is shown in the First Schedule to be triable, or by any Court superior in
rank to such Court-U.P. Act 1 of 1984. w.e.f. 1-5-1984.
CASELAW
Special Court of Economic Offences is alone empowered to take cognizance
of offences which are referable to the Special Enactments in the Annexure
to the notification under which Special Court was created, 1997 (2) ALT
(Crl.) 529. Discretionary power to be exercised in consonance of known
principles of law. 2003 (1) SCC 204. Powers conferred on hierarchy of courts.
AIR 2003 SC 185.
27. Jurisdiction in the case of juveniles: Any offence not
punishable with death or imprisonment for life, committed by any person
who at the date when he appears or is brought before the Court is under
the age of sixteen years, may be tried by the Court of a Chief Judicial
Magistrate, or by any Court specially empowered under the Children Act,
1960 (60 of 1960), or any other law for the time being in force providing
for the treatment, training and rehabilitation of youthful offenders.
28. Sentences which High Courts and Sessions Judges may
pass: (1) A High Court may pass any sentence authorised by law.
(2) A Sessions Judge or Additional Sessions Judge may pass any
sentence authorised by law ; but any sentence of death passed by any
such Judge shall be subject to confirmation by the High Court.
(3) Any Assistant Sessions Judge may pass any sentence authorised
by law except a sentence of death or of imprisonment for life or of
imprisonment for a term exceeding ten years.
[Sec. 28
31
CASELAW
Sentencing is always a matter of judicial discretion subject to any
mandatory minimum prescribed by law AIR 1976 SC 3921 = 1976 Cr.LJ
334.
Undue sympathy imposing inadequate sentence would do more harm to
the Justice Delivery System. AIR 2007 SC 3225.
29. Sentences which Magistrates may pass: (1) The Court of
a Chief Judicial Magistrate may pass any sentence authorised by law
except a sentence of death or of imprisonment for life or of imprisonment
for a term exceeding seven years.
(2) The Court of a Magistrate of the first class may pass a sentence
of imprisonment for a term not exceeding three years, or of fine not
exceeding
1
[ten thousand rupees], or of both.
(3) The Court of a Magistrate of the second class may pass a
sentence of imprisonment for a term not exceeding one year, or of fine
not exceeding
2
[five thousand rupees], or of both.
(4) The Court of a Chief Metropolitan Magistrate shall have the
powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan
Magistrate, the powers of the Court of a Magistrate of the first class.
STATE AMENDMENTS
Maharashtra:In Section 29,
(a) in sub-section (2) for the words "ten thousand ruppees", subsitute
the words "fifty thousand rupees"; (b) in sub-section (3), for the words "five
thousand rupees", subsitute the words "ten thousand rupees".
[The Code of Criminal Procedure (Maharashtra Amendment) Act, 2007
(Maharashtra Act 27 of 2007), sec. 2.]
Punjab: After Section 29, Insert. the following Section 29-A, namely,
"29-A. Sentences which Executive Magistrate may pass: An Executive
Magistrate may pass a sentence of imprisonment for a term not exceeding
three years or of fine not exceeding five thousand rupees, or of both." Punjab
Act 22 of 1983 (vide President's Act 1 of 1984).
Union Territory of Chandigarh: Same as in Punjab.
Sec. 29] Powers of Courts
1. Subs. for "five thousand rupees" by Cr.PC (Amndt.) Act, 2005 (Act 25 of 2005),
w.e.f. 23-6-2006.
2. Subs. for "one thousand rupees" by Cr.PC (Amndt.) Act, 2005 (Act 25 of 2005),
w.e.f. 23-6-2006.
Code of Criminal Procedure, 1973 32
CASELAW
Solitary confinement by itself is a substantive punishment AIR 1978 SC
1675 = 1978 Cr.LJ 1741.
No limit on award of compensation under Section 357 Cr.PC AIR 2001
SC 567.
30. Sentence of imprisonment in default of fine: (1) The Court
of a Magistrate may award such term of imprisonment in default of payment
of fine as is authorised by law:
Provided that the term,
(a) is not in excess of the powers of the Magistrate under Section
29;
(b) shall not, where imprisonment has been awarded as part of the
substantive sentence, exceed one-fourth of the term of
imprisonment which the Magistrate is competent to inflict as
punishment for the offence otherwise than as imprisonment in
default of payment of the fine.
(2) The imprisonment awarded under this Section may be in addition
to a substantive sentence of imprisonment for the maximum term awardable
by the Magistrate under Section 29.
CASELAW
Fine to be imposed separately and not jointly. 1996 Cr. LJ 4364 (Raj).
31. Sentence in cases of conviction of several offences at one
trial: (1) When a person is convicted at one trial of two or more offences,
the Court may, subject to the provisions of Section 71 of the Indian Penal
Code (45 of 1860), sentence him for such offences, to the several
punishments prescribed therefor which such Court is competent to inflict;
such punishments, when consisting of imprisonment to commence the one
after the expiration of the other in such order as the Court may direct,
unless the Court directs that such punishments shall run concurrently.
(2) In the case of consecutive sentences, it shall not be necessary
for the Court by reason only of the aggregate punishment for the several
offences being in excess of the punishment which it is competent to inflict
on conviction of a single offence, to send the offender for trial before
a higher Court:
[Sec. 31
33
Provided that,
(a) in no case shall such person be sentenced to imprisonment for
a longer period than fourteen years;
(b) the aggregate punishment shall not exceed twice the amount of
punishment which the Court is competent to inflict, for a single
offence.
(3) For the purpose of appeal by a convicted person, the aggregate
of the consecutive sentences passed against him under this Section shall
be deemed to be a single sentence.
CASELAW
Section 31 does not empower passing of an aggregate sentence instead
of separate sentences upon an accused person convicted at one trial of two
or more offences. 81 (1996) CLT 362 (Ori). Imprisonment not defined. AIR
2005 SC 2132.
Where conviction is for several offences, accused cannot be sentenced
to imprisonment for longer period than fourteen years. 2007 Cr.LJ 796 (SC).
32. Mode of conferring powers: (1) In conferring powers under
this Code, the High Court or the State Government, as the case may
be, may, by order, empower persons specially by name or in virtue of
their offices or classes of officials generally by their official titles.
(2) Every such order shall take effect from the date on which it
is communicated to the person so empowered.
33. Powers of officers appointed: Whenever any person holding
an office in the service of Government who has been invested by the
High Court or the State Government with any powers under this Code
throughout any local area is appointed to an equal or higher office of
the same nature, within a like local area under the same State Government,
he shall, unless the High Court or the State Government, as the case
may be, otherwise directs, or has otherwise directed, exercise the same
powers in local area in which he is so appointed.
34. Withdrawal of powers: (1) The High Court or the State
Government, as the case may be, may withdraw all or any of the powers
conferred by it under this Code on any person or by any officer subordinate
to it.
Sec. 34] Powers of Courts
CRPC3
Code of Criminal Procedure, 1973 34
(2) Any powers conferred by the Chief Judicial Magistrate or by
the District Magistrate may be withdrawn by the respective Magistrate
by whom such powers were conferred.
35. Powers of Judges and Magistrates exercisable by their
sucessors-in-office: (1) Subject or the other provisions of this Code,
the powers and duties of a Judge or Magistrate may be exercised or
performed by his successor-in-office.
(2) When there is any doubt as to who is the successor-in-office
of any Additional or Assistant Sessions Judge, the Sessions Judge shall
determine by order in writing the Judge who shall, for the purposes of
this Code or of any proceedings or order thereunder, be deemed to be
the successor-in-office of such Additional or Assistant Sessions Judge.
(3) When there is any doubt as to who is the successor-in-office
of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate,
as the case may be, shall determine by order in writing the Magistrate
who shall, for the purposes of this Code or of any proceedings or order
thereunder, be deemed to be the successor-in-office of such Magistrate.
Chapter IV
A POWERS OF SUPERIOR OFFICERS OF POLICE
36. Powers of superior officers of police: Police officer superior
in rank to an officer-in-charge of a police station may exercise the same
powers, throughout the local area to which they are appointed, as may
be exercised by such officer within the limits of his station.
CASELAW
Officers assigned to Task Force cannot be said to be police officers
superior in rank to officer in charge of P.S. 1996 (2) ALD (Cri.) 851 (AP)
= 1996 (4) ALD 907 = 1996 (4) ALT 733.
Superior police officer-power to direct further investigation 2008 (2) SCC
383. Improper investigation Remedies discussed 2008 (2) SCC 409. Words
in rank-purposive construction AIR 2009 SC 984
B AID TO THE MAGISTRATES AND THE POLICE
37. Public when to assist Magistrates and Police: Every person
is bound to assist a Magistrate or police officer reasonably demanding
his aid,
(a) in the taking or preventing the escape of any other person whom
such Magistrate or police officer is authorised to arrest; or
[Sec. 37
35
(b) in the prevention or suppression of a breach of the peace; or
(c) in the prevention of any injury attempted to be committed to
any railway, canal, telegraph or public property.
38. Aid to person, other than police officer, executing warrant:
When a warrant is directed to a person other than a police officer, any
other person may aid in the execution of such warrant, if the person to
whom the warrant is directed be near at hand and acting in the execution
of the warrant.
39. Public to give information of certain offences: (1) Every
person, aware of the commission of, or of the intention of any other person
to commit, any offence punishable under any of the following Sections
of the Indian Penal Code (45 of 1860) namely,
(i) Sections 121 to 126, both inclusive, and Section 130 (that is
to say, offences against the State specified in Chapter VI of
the said Code);
(ii) Sections 143, 144, 145, 147, and 148 (that is to say, offences
against the public tranquillity specified in Chapter VIII of the
said Code);
(iii) Sections 161 to 165A, both inclusive (that is to say, offences
relating to illegal gratification);
(iv) Sections 272 to 278, both inclusive (that is to say, offences
relating to adulteration of food and drugs, etc);
(v) Sections 302, 303 and 304 (that is to say, offences affecting
life);
1
[(va) Section 364A (that is to say, offence relating to kidnapping
for ransom, etc.)];
(vi) Section 382 (that is to say, offence of theft after preparation
made for causing death, hurt or restraint in order to the committing
of the theft);
(vii) Sections 392 to 399, both inclusive, and Section 402 (that is
to say, offences of robbery and dacoity);
(viii)Section 409 (that is to say, offence relating to criminal breach
of trust by public servant, etc.);
1. Inserted by Act No. 42 of 1993, w.e.f. 22-5-1993.
Sec. 39] Aid to the Magistrates and the Police
Code of Criminal Procedure, 1973 36
(ix) Sections 431 to 439, both inclusive (that is to say, offences
of mischief against property);
(x) Sections 449 and 450 (that is to say, offence of house-trespass);
(xi) Sections 456 to 460, both inclusive (that is to say, offences
of lurking house-trespass); and
(xii) Sections 489A to 489E, both inclusive (that is to say, offences
relating to currency notes and bank notes);
shall, in the absence of any reasonable excuse, the burden of proving
which excuse shall lie upon the person so aware, forthwith give information
to the nearest Magistrate or police officer of such commission or intention.
(2) For the purposes of this Section, the term offence includes
any act committed at any place out of India which would constitute an
offence if committed in India.
CASELAW
High ranking officials and respectable citizens at the scene of offence
not co-operating with prosecution - Such attitude to be deprecated, 1997 (6)
SCC 514.
40. Duty of officers employed in connection with the affairs
of a village to make certain report: (1) Every officer employed in
connection with the affairs of a village and every person residing in a
village shall forthwith communicate to the nearest Magistrate or to the
officer-in-charge of the nearest police station, whichever is nearer, any
information which he may possess respecting
(a) the permanent or temporary residence of any notorious receiver
or vendor of stolen property in or near such village;
(b) the resort to any place within, or the passage through, such
village of any person whom he knows, or reasonably suspects,
to be a thug, robber, escaped convict or proclaimed offender;
(c) the commission of, or intention to commit, in or near such village
any non-bailable offence or any offence punishable under Section
143, Section 144, Section 145, Section 147, or Section 148
of the Indian Penal Code (45 of 1860);
(d) the occurrence in or near such village of any sudden or unnatural
death or of any death under suspicious circumstances or the
discovery in or near such village of any corpse or part of a
[Sec. 40
37
corpse, in circumstances which lead to a reasonable suspicion
that such a death has occurred or the disappearance from such
village of any person in circumstances which lead to a reasonable
suspicion that a non-bailable offence has been committed in
respect of such person;
(e) the commission of, or intention to commit, at any place out of
India near such village any act which, if committed in India,
would be an offence punishable under any of the following
sections of the Indian Penal Code (45 of 1860), namely, 231
to 238 (both inclusive), 302, 304, 382, 392 to 399 (both
inclusive), 402, 435, 436, 449, 450, 457 to 460, (both inclusive),
489A, 489B, 498C, and 489D);
(f) any matter likely to affect the maintenance of the order or the
prevention of crime or the safety of person or property respecting
which the District Magistrate, by general or special order made
with the previous sanction of the State Government, has directed
him to communicate information.
(2) In this Section,
(i) village includes village-lands;
(ii) the expression proclaimed offender includes any person
proclaimed as an offender by any Court or authority in any
territory in India to which this Code does not extend, in respect
of any act which, if committed in the territories to which this
Code extends, would be an offence punishable under any of
the following Sections of the Indian Penal Code (45 of 1860),
namely, 302, 304, 382, 392, to 399 (both inclusive), 402, 435,
436, 449, 450 and 457 to 460 (both inclusive);
(iii) the words officer employed in connection with the affairs of
the village means a member of the panchayat of the village
and includes the headman and every officer of other person
appointed to perform any function connected with the
administration of the village.
CASELAW
It is premature for High Court to quash charges on the ground that
material placed before the trial Court was insufficient to frame charge. AIR
2002 SC 107. Extra Judicial confession before V.A.O. not admissible. AIR
2006 SC 653.
Sec. 40] Aid to the Magistrates and the Police
Code of Criminal Procedure, 1973 38
Chapter V
ARREST OF PERSONS
41. When police may arrest without warrant: (1) Any police
officer may, without an order from a Magistrate and without a warrant,
arrest any person
1
[(a)who commits, in the presence of a police officer, a cognizable
offence;
(b) against whom a reasonable complaint has been made, or credible
information has been received, or a reasonable suspicion exists
that he has committed a cognizable offence punishable with
imprisonment for a term which may be less than seven years or
which may extend to seven years whether with or without fine, if
the following conditions are satisfied, namely:
(i) the police officer has reason to believe on the basis of such
complaint, information, or suspicion that such person has
committed the said offence;
(ii) the police officer is satisfied that such arrest is necessary
(a) to prevent such person from committing any further
offence; or
(b) for proper investigation of the offence; or
(c) to prevent such person from causing the evidence of the
offence to disappear or tampering with such evidence in
any manner; or
(d) to prevent such person from making any inducement,
threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing
such facts to the Court or to the police officer; or
(e) as unless such person is arrested, his presence in the
Court whenever required cannot be ensured;
and the police officer shall record while making such arrest, his reasons in writing.
2
[Provided that a police officer shall, in all cases where the arrest
of a person is not required under the provisions of this sub-section, record
the reasons in writing for not making the arrest.]
[Sec. 41
1. Subs. for Clauses (a) and (b) by Cr.PC (Amndt.) Act, 2008 (Act No.5 of 2009), w.e.f.
1-11-2010. Vide S.O. 2687(E) dt 31-10-2010. Clause (a) and (b), before subs. stood
as below:
"(a) who has been concerned in any cognizable offence, or against whom a reasonable
complaint has been made, or credible information has been received, or a reasonable
suspicion exists, of his having been so concerned; or
(b) who has in his possession without lawful excuse, the burden of proving which
excuse shall lie on such person, any implement of house-breaking; or"
2. Ins. by Act 41 of 2010, S.2, w.e.f. 2-11-2010, vide S.O. 2689(E), dt. 1-11-2010.
39
(ba)against whom credible information has been received that he
has committed a cognizable offence punishable with imprisonment
for a term which may extend to more than seven years whether
with or without fine or with death sentence and the police officer
has reason to believe on the basis of that information that such
person has committed the said offence;]
(c) who has been proclaimed as an offender either under this Code
or by order of the State Government; or
(d) in whose possession anything is found which may reasonably
be suspected to be stolen property and who may reasonably
be suspected of having committed an offence with reference to
such thing; or
(e) who obstructs a police officer while in the execution of his duty, or
who has escaped, or attempts to escape, from lawful custody; or
(f) who is reasonably suspected of being a deserter from any of
the Armed Forces of the Union; or
(g) who has been concerned in, or against whom a reasonable
complaint has been made, or credible information has been received,
or a reasonable suspicion exists, of his having been concerned
in, any act committed at any place out of India, which, if committed
in India, would have been punishable as an offence, and for which
he is, under any law relating to extradition, or otherwise, liable
to be apprehended or detained in custody in India; or
(h) who, being a released convict, commits a breach of any rule,
made under sub-section (5) of Section 356; or
(i) for whose arrest any requisition, whether written or oral, has
been received from another police officer, provided that the
requisition specifies the person to be arrested and the offence
or other cause for which the arrest is to be made and it appears
therefrom that the person might lawfully be arrested without a
warrant by the officer who issued the requisition.
1
[(2) Subject to the provisions of Section 42, no person concerned
in a non-cognizable offence or against whom a complaint has been made
or credible information has been received or reasonable suspicion exists
of his having so concerned, shall be arrested except under a warrant or
order of a Magistrate.]
Sec. 41] Arrest of Persons
1. Subs. by Cr.PC (Amndt.) Act, 2008 (Act No. 5 of 2009), w.e.f. 1-11-2010. Vide S.O.
2687(E) dt 31-10-2010. Sub-section (2), before subs. stood as below:
"(2) Any officer in charge of a police station may, in like manner,