Universal's Criminal Manual, containing the Code of Criminal Procedure, 1973, the Indian Penal Code, 1860, and the Indian Evidence Act, 1872, including the Guide to Criminal Pleadings

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Code of Criminal Procedure, 1973 as amended by The Jammu and Kashmir Reorganisation Act, 2019

(34 of 2019) (w.e.f. 31-10-2019)

Indian Penal Code (45 of 1860) as amended by The Jammu and Kashmir Reorganisation Act, 2019

(34 of 2019) (w.e.f. 31-10-2019)

Indian Evidence Act, 1872 as amended by The Jammu and Kashmir Reorganisation Act, 2019

(34 of 2019) (w.e.f. 31-10-2019) Including

Guide to Criminal Pleadings (Model Forms)

CGniversal @ LexisNexis

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GENERAL CONTENTS Consolidated Table of Cases

Vil

The Code of Criminal Procedure, 1973 as amended by the

Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) (w.e.f. 31-10-2019) The Indian Penal Code (45 of 1860) as amended by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019)

(w.e.f. 31-10-2019)

381

The Indian Evidence Act, 1872 as amended by the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) (w.e.f. 31-10-2019)

601

Subject Index

673

Guide to Criminal Pleadings (Model Forms)

699

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CONSOLIDATED TABLE OF CASES A A.M. Kunnikoya v. State of Kerala, (1993) 1 Crimes 1192 (SC) Abdulla Kunhi v. State of Kerala, AIR 1991 SC 452 Abhaya Jena v. State of Orissa, (1997) Crimes 531 (Ori) Adarsh Parkash v. Sarita, AIR 1987 Del 203 Afzauddin Ansary v. State of West Bengal, (1997) 2 Crimes 53 (Cal)

514 412 538 590 635

Aghnu Nagesia v. State of Bihar, AIR 1966 SC 119 Ajay Kumar Ghoshal v. State of Bihar, AIR 2017 SC 804. Ajay Mitra v. State of Madhya Pradesh, AIR 2003 SC 1069 Ajit Singh Thakur Singh v. State of Gujarat, AIR 1981 SC 733: (1981) Cr LJ 293:

622 233 655

(1981) SCC 495: (1981) SCC (Cr) 184: (1981) Cr LR (SC) 167 227 Allauddin Mian Sharif Mian v. State of Bihar, (1989) Cr LJ 1466: AIR 1989 SC 1456 449 Amar Singh v. State of Madhya Pradesh, AIR 1982 SC 129: (1982) Cr LJ 610: 1997 SCC (Cr) 630 429, 563 Amerika Rai v. State of Bihar, AIR 2011 SC 1379: (2011) 4 SCC 677: JT 2011 (5) SC 406: (2011) 2 SCALE 696. 450 Amit Kapoor v. Ramesh Chander, (2012) 9 SCC 460: 2012(9) JT 312: 2012 (9) SCALE 58: 2012 (7) SLT 154. 238, 433 Anil Phukan v. State of Assam, 1993 (1) Crimes 1180 (SC) 513 Anil Sharma v. State of Himachal Pradesh, (1997) 3 Crimes 135 (HP) 255, 260

Anina Ramchandran Shanbaug v. Union of India, AIR 2011 SC 1290: (2011) 4 SCC 454: JT 2011 (3) SC 300: (2011) 3 SCALE 298. Ansarudin v. State of Madhya Pradesh, (1997) 2 Crimes 157 (MP) Arjun v. State of Maharashtra, AIR 2012 SC 2181: (2012) 5 SCC 530: 2012 (4) JT 447: 2012 (5) SCALE 52: 2012Cr LJ 2641. Arjunan v. State of Tamil Nadu, (1997) 2 Crimes 447 (Mad)

521 522 427 220

Arun Kumar v. State of Uttar Pradesh, 1989 Cr LJ 1460: AIR 1989 SC 1445

226

Arvind v. State (Delhi Admn.), 1999 (4) SCC 4861: 1999 (3) JT 554 512 Asghar Khan v. State of Uttar Pradesh, AIR 1981 SC 1697: (1981) Cr LR SC 481 238 Ashok Kumar Uttam Chand Shah v. Patel Mohmad Asmal Chanchad, AIR 1999 Guj 108 611, 641, 656

Ashok Kumar v. State of Haryana, AIR 2003 SC 777

546

Ashok Kumar v. State of Rajasthan, (1991) 1 Crimes 116 (SC) Ashok Kumar v. Union of India, 1991 Cr LJ 2483 (SC) Asu v. State of Rajasthan, 2000 Cr LJ 207 (Raj) Atluri Brahmanandam v. Anne Sai Bapuji, JT 2010 (12) SC 441: (2010) 12 SCALE 157: 2010 (7) Supreme 868. Autar Singh v. State of Madhya Pradesh, AIR 1982 SC 1260: (1982) Cr LJ 1740: (1982) 1 SCC 438: (1982) SCC (Cr) 248

514 250 516

635 241

Awadhesh Prasad Singh alias Awadhesh Prasad Sharma v. State of Bihar, (1997) 3 Crimes 70 (Pat) Ayaaub Khan Noorkhan Pathan v. State of Maharashtra, AIR 2013 SC 58.

145 610B

Ayodhya Dube v. Ram Sumer Singh, AIR 1981 SC 1415: (1981) Cr LJ 1016: (1981) Cr LR (SC) 430 Ayodhya Ram v. State, 1999 (4) Crimes 113: 1999 SCC (Cr) 564 vii

239 427

viii

Table of Cases B

B.B. Lohar v. P.P. Goyal, AIR 1999 Sikkim 11

649

B.L. Sreedhar v. K.M. Munireddy (dead), AIR 2003 SC 578

657

B.S. Joshi v. State of Haryana, AIR 2003 SC 1386

274, 590

Baban Girju v. Namdeo Girju Bangar, AIR 1999 Bom 46

651

Bachhan Singh v. State of Punjab, AIR 1980 SC 898: (1980) 2 SCC 864:

(1980) Cr LJ 636: (1980) Cr LR (SC) 388: 1980 (2) SCJ 475 Badri Rai v. State of Bihar, AIR 1958 SC 953 Bahadursinh Lakhubhai Gohil v. Jagdishbhai M. Kamalia, AIR 2004 SC 1159 Balaji Gunthu Dhule v. State of Maharashtra, AIR 2013 SC 264. Balbir v. State of Haryana, AIR 2000 SC 11: 2000 Cr LJ 169 (SC) Baljit Singh v. State of Haryana, AIR 2004 SC 1714: (2004) 3 SCC 122

516 616 658 512 156 520

Balwant Kaur v. Union Territory of

661

Chandigarh, 1988 Cr LJ 398: AIR 1988 SC 139

Balwinder Singh v. State of Punjab, (1995) Supp (4) SCC 259

622

Bansi Lal v. State of Haryana, AIR 2011 SC 691: (2011) 11 SCC 359: JT 2011 (5) SC 373: (2011) 1 SCALE 447. Banta Singh v. State of Punjab, (1991) Cr LJ 1342 (SC) Barappa v. State of Karnataka, (1997) 2 Crimes 575 (Kant)

519 509 137

Barikanoo v. State of Uttar Pradesh, (1997) 1 Crimes 500 (All)

614

Basudev Bhoi v. Bipadabhanjan Puhan, (1997) 2 Crimes 331 (Ori)

275

Bhagwan Swarup z. State of Rajasthan, (1991) Cr LJ 3123 (3133) (SC)

471

Bhajju v. State of Madhya Pradesh, (2012) 4 SCC 327: 2012 (3) JT 377: 2012 (3) SCALE 438: 2012 Cr LJ 1926.

627

Bhaskar Chattoraj v. State of West Bengal, (1991) Cr LJ 429 (SC)

572

Bhola Rai v. State of Bihar, (1997) 3 Crimes 48 (Pat)

148, 178, 192

Bhopal Singh v. Chatter Singh, AIR 2000 P&H 34

657

Bhuboni Sabu v. Emperor, AIR 1949 PC 257 Bhurekhan v. State of Madhya Pradesh, AIR 1982 SC 948: (1982) Cr LJ 818: (1982) 1 SCC 174: (1982) SCC (Cr) 128 Bilal Ahmed Kaloo v. State of Andhra Pradesh,

662

(1997) 7 Supreme Today 127 Bipin Kumar Mondal v. State of West Bengal, AIR 2010 SC 3638: JT 2010 (7) 379: (2010) 7 SCALE 478. Bire alias Bir Bahadur Singh v. State of Uttar Pradesh, 2000 Cr LJ 87 (All) Bishwanath Prasad v. Dwarka Prasad, AIR 1974 SC 117 Brajendra Singh v. State of Madhya Pradesh, AIR 2012 SC 1552: (2012) 4 SCC 289: 2012 (2) JT 613: 2012 (3) SCALE 195: 2012 Cr LJ 1883. Brathi alias Sukhdev Singh v. State of Punjab, (1991) 1 Crimes 74 (SC): (1991) Cr LJ 402 (SC)

Bushan Kumar v. State (NCT of Dethi), AIR 2012 SC 1747: (2012) 5 SCC 424: 2012 (4) JT 127: 2012 (4) SCALE 191: 2012 CrLJ 2286.

556

443, 452, 594, 596 614 546 619 514

234, 611

135

Cc C. Muniappan 2, State of Tamil Nadu, AIR 2010 SC 3718. C. Muniappan v. State of Tamil Nadu, AIR 2010 SC 3718: (2010) 9 SCC 567: JT 2010 (9) SC 95: (2010) 8 SCALE 637.

129 137

Table of Cases C.K.

Raveendran v. State of Kerala, AIR 2000 SC 369 C.K.P. Mennon v. K.P. Sulaiman, 2000 Cr LJ 221 (Mad) Central Bureau of Investigation v. Kishore Singh, JT 2010 (12) SC 489: (2010) 1ISCALE 291: 2010 (7) Supreme 696. Centre for Public Interest Litigation v. Union of India, AIR 2005 SC 4413

Chandra Kant v. State of Madhya Pradesh, AIR 1999 SC 1557 Chandraeshwar Nath Jain v. State of Uttar Pradesh, AIR 1981 SC 2009:

(1981) Cr LJ 1690: (1981) SCC (Cr) 609 Chandrapal Singh v. Maharaj Singh, AIR 1982 SC 1236: (1982) Cr LJ 1731: (1982) 1 SCC 466: 1982 SCC (Cr) 249: 1982 Cr LR (SC) 126 Chandu Bhai Shana Bhai Parmar v. State of Gujarat, AIR 1982 SC 1022: (1981) SCC (Cr) 682 Changan Dame v. State of Gujarat, 1994 Cr LJ 66 (SC) Chanmuniya v. Virender Kumar Singh Kushwaha, JT 2010 (11)

SC 132: (2010) 10 SCALE 602. Chaya Kant Nayak v. State of Bihar, (1997) 2 Crimes 297 (Pat)

Cherupin Gregory v. State of Bihar, 1964 (1) Cr LJ 138: AIR 1965 SC 205 Chhedu v. State of Uttar Pradesh, 2000 Cr LJ 78 (All) Childline India Foundation v. Allan John Waters, (2011) 6 SCC 261: JT 2011 (3) SC 570: (2011) 3 SCALE 639: 2011 Cr LJ 2305. Chittarmal v. State of Rajasthan, AIR 2003 SC 796: 1994 Cr LJ 245 (SC) Chuhar Singh v. State of Punjab, AIR 1999 SC 1052: 1991 SCC (Cr) 1066: 1998 (4) JT 449

239 137, 470

513 658 93 621 517 565

553 412, 622 429

D Dada Machindra Chaudhary v. State of Maharashtra, 1999 Cr LJ 4009 (Bom) Dandu Laxmi Reddy v. State of Andhra Pradesh, AIR 1999 SC 3255: 1999 (7) SCC 69: 1999 (6) JT 166 Darje Wangial v. Karam Singh, (1997) 2 Crimes 570 (HP) Dashrath alias Jolo v. State of Chhattisgarh, AIR 2018 SC 1133.

Dayal Singh v. State of Uttaranchal, AIR 2012 SC 3046: (2012) 8 SCC 263: 2012 (7) JT 353: 2012 (7) SCALE 165: 2012 Cr LJ 4323. Deepak Gulati v. State of Haryana, AIR 2013 SC 2071. Degadu v. State of Maharashtra, AIR 1981 SC 1218: (1981) Cr LJ 724:

(1981) 2 SCC 575: (1981) SCC (Cr) 564 Dev Singh v. State of Punjab, 2000 Cr LJ 347 (Pun)) Devesh Pratap Singh v. Sunita Singh, AIR 1999 MP 174 Devinder v. State of Haryana, (2010) 10 SCC 763: 2012 (10) JT 249: 2012 (10) SCALE 311: 2012 (8) SLT 419. Dhanlakshmi v. R. Prasana Kumar, (1990) Cr LJ 320 (DB): AIR 1990 SC 494

Dharam Chand Joshi v. Satya Narayan Bazaz, AIR 1993 Gau 35 Dharampal v. Ramshri, (1993) 1 Crimes 304 (SC) Dibakar Naik v. Puspalata Patel, (1997) 3 Crimes 107 (Ori)

Dilshad Haji Risal v. State of Uttar Pradesh, AIR 2005 All 403 Dineshbhai Chandubhai Patel v. State of Gujarat, AIR 2018 SC 314. Dinshaw Rusi Mehta v. State of Maharashtra, AIR 2017 SC 1557. Dipak Shubashchandra Mehta v. Central Bureau of Investigation, AIR 2012 SC 949: (2012) 4SCC 134: 2012 (27)

JT 439: 2012 (2) SCALE 401: 2012 Cr LJ 1664.

626 112 93 426

x

Table of Cases 531

Dr. P.B. Desai v. State of Maharashtra, AIR 2014 SC 795. Drugs Inspector v. B.K.A. Krishnaiah, AIR 1981 SC 1164: (1981) Cr LJ 627: (1981) 2 SCC 454: (1981) SCC (Cr) 487: (1981) Cr LR (SC) 196

240

93

Dwarika Prasad Satpathy v. Bidyut Prava Dixit, AIR 1999 SC 3348

E Elavarasan v. State, AIR 2011 SC 2816: (2011) 7 SCC 110: JT 2011 (8)

SC 77: (2011) 7 SCALE 33.

422

Emperor v. Dhirajia, AIR 1940 All 486

510, 523

F F.C.I. v. Dilip Kumar, AIR 1999 Cal 75

657

Fiona Shrikhande v. State of Maharashtra, AIR 2014 SC 957. Fizabai v. Namichand, AIR 1993 MP 79 Free Legal Aid Committee v. State of Bihar, (1982) BL] 241

598A 610 267

G G.V. Siddaramesh v. State of Karnataka, (2010) 3 SCC 152: JT 2010 (1) SC 639: (2010) 12 SCALE 102: 2010 Cr LJ 1649. Gamini Bala Koteswara Rao v. State of Andhra Pradesh, AIR 2010 SC 589. Ganpat Kondiba Chavan v. State of Maharashtra, (1997) 2 Crimes 38 (Bom)

655 229 614, 658

Ganpat Mahadeo Mane v. State of Maharashtra, AIR 1992 SC 1180 Gautam Kundu v. Manoj Kumar, AIR 2016 SC 106.

627 260B

Gayasi v. State of Uttar Pradesh, AIR 1981 SC 1160: (1981) ALJ 441: (1981) Cr LJ 883: (1981) SCC (Cr) 590: (1981) Cr App R (SC) 385: (1981) 2 SCC 713

514

General Officer Commanding v. Central Bureau of Investigation, AIR 2012 SC 1890:(2012) 6 SCC 228: 2012 (4) JT 510: 2012 (5) SCALE 58: 2013 (3) SLT 516.

140

Gian Kaur v. State of Punjab, JT 1996 (3) SC 339

523

Gian Singh v. State of Punjab, (2012) 10 SCC 303: 2012 (9) JT 426: 2012 (9) SCALE 257: 2012 (7)SLT 171. Girdhari Lal v. State of Punjab, AIR 1982 SC 129: (1982) Cr LJ 1741: 1982 (1) SCC 603: 1982 SCC (Cr) 325 Gopal Vinayak Godse v. State of Maharashtra, AIR 1961 SC 600 Gopalanachari v. State of Kerala, AIR 1981 SC 674: (1980) Supp SCC 649: 1981 SCCr R 338 Gowhari Das v. Santilata Singh, AIR 1999 Ori 61 Gulam Abbas v. State of Uttar Pradesh, AIR 1981 SC 2198: (1981) Cr LJ 1835

Gurvail Singh alias Gala v. State of Punjab, AIR 2013 SC 1177. Gyarsibai w/o Jagannath v. State, AIR 1953 MB 61

200 220 417 83 632 102

515 510, 515

H H.P. Agro Industries Corpn. Ltd. v. M.P.S. Chawla, (1997) 2 Crimes 591 (H&P)

166

Hamida v. Rashid, (2008) 1 SCC 474

274

Hanumat Das v. Vinay Kumar, AIR 1982 SC 1052: (1982) Cr LJ 977

232

Haradhan Das v. State of West Bengal, 2012 (12) JT 490: 2012 (12) SCALE 416. Harbans Lal v. State of Haryana, AIR 1993 SC 819

Hardeep Singh v. State of Punjab, AIR 2014 SC 1400. Hardyal and Prem »v. State of Rajasthan, (1991) Cr LJ 345 (SC)

580 627

27 513

Table of Cases

xi

Harendra Nath Mandal v. State of Bihar, (1993) 1 Crimes 984 (SC)

517

Hari Kishan and State of Haryana v. Sukhbir Singh, (1989) Cr LJ 116: AIR 1988 SC 2127 Hari Om v. State of Uttar Pradesh, (1993) 1 Crimes 294 (SC)

Harijinderpal Singh, AIR 1999 Raj 46 Harinarayan G. Bajaj v. State of Maharashtra, JT 2010 (1) SC 10: (2010) 1 SCALE 46. Hariprasad Chhapolia v. Union of India, (2008) 7 SCC 690

Harjit Singh v. State of Punjab, AIR 2006 SC 680 Haroon Haji v. State of Maharashtra, AIR 1968 SC 832 Harpal Singh v. State of Himachal Pradesh, AIR 1981 SC 361 Harun Khan v. Mahesh Chand, (1997) 2 Crimes 301 (MP).

HDFC Bank Ltd. v. J.J. Mannan @ J.M. John Paul, AIR 2010 SC 618. HDFC Bank Ltd. v. J.J. Mannan, AIR 2010 SC 618: (2010) 1 SCC 679: JT 2009 (15) SC 484: (2009)14 SCALE 724. Heeralal v. State of Madhya Pradesh, (1997) 2 Crimes 634 (MP) Hem Raj v. Urmila Devi, (1997) 2 Crimes 561 (HP) Hemandas v. State of Uttar Pradesh, AIR 1961 SC 1662: (1961) 2 Cr LJ 815 Heramba Brahma v. State of Assam, AIR 1982 SC 1595

Himanshu Chandravadan Desai v. State of Gujarat, AIR 2006 SC 179

522 412 590 665 237 151 661 424 238 260 260 189 94 73 622 260

I Income Tax Officer v. Mangat Ram Norata Ram, JT 2011 (7) SC 162: (2011) 6 SCALE 605.

Inder Singh Bagga Singh v. State of Pepsu, AIR 1955 SC 439 Ishwar Dass Jain (dead) through L.R. v. Sohanlal (dead) by LRs, AIR 2000 SC 426 Israr v. State of Uttar Pradesh, AIR 2005 SC 249

Jabaruddin v. State of Uttar Pradesh, 2000 Cr LJ 158 (All) Jadunandan Singh v. Emperor, AIR 1941 Pat 129

Jagdish Prasad v. Sarwan Kumar, AIR 2003 P&H 3 Jagjit Singh v. State of Haryana, AIR 2007 SC 590 Jagpal Singh v. State of Punjab, (1991) Cr LJ 597 (SC)

Jai Bhagwan v. State of Haryana, AIR 1999 SC 1083 Jai Prakash v. State (Delhi Administration), (1991) 1 Crimes 474 (SC) Jai Shankar Prasad v. State of Bihar, AIR 1993 Pat 22

Jamun v. State of Punjab, AIR 1957 SC 469 Janaki Narayan Bhoir v. Narayan Namdeo Kadam, AIR 2003 SC 761 Januram v. State of Madhya Pradesh, (1997) 2 Crimes 582 (MP)

Jarnail Singh v. State of Punjab, AIR 1999 SC 321 Jaswantrai Manilal Akhaney v. State of Bombay, AIR 1956 SC 575 Jayendra Saraswati Swamigal v. State of Tamil Nadu, AIR 2005 SC 716 Jitender Kumar v. State of Haryana, AIR 2012 SC 2488: (2012) 6 SCC 204: 2012 (5) JT 397: 2012 (5) SCALE 606: 2012Cr LJ 3085.

Joginder Kumar v. State of Uttar Pradesh, (1994) 2 Crimes 106 (SC) John Pandian v. State, JT 2010 (13) SC 284: (2010) 13 SCALE 13:2010 (8)

Supreme 389.

619 511 628, 637, 649 611

126 535 626 656 513 413, 431 512 633 413 640 511 631 561

xii

Table of Cases

Joseph Salvaraj v. State of Gujarat, AIR 2011 SC 2258: (2011) 7 SCC 59: JT 2011 (7) SC 53: (2011) 6 SCALE 731. Joshna Gouda v. Brundaban Gouda, (2012) 5 SCC 634: 2012 (2) JT 21: 2012 (2) SCALE 2: 2012 (1) SLT 753.

K K. Prakashan v. P.K. Surenderan, (2008) 1 SCC 258 K. Prem Kumar (DSP) v. Rajangam, (1997) 3 Crimes 165 (Mad)

K. Shivalingaiah v. B.V. Chandrashekara Gowda, AIR 1993 Kant 29 K. Umapathy v. Superintendent of Jail, (1997) 2 Crimes 609 (AP) K.M. Ibrahim alias Bava v. State of Karnataka, 2000 Cr LJ 197 (Karn) K.M. Nanavati v. State of Maharasthra, AIR 1962 SC 605

619

229 140 636 235, 273 556, 623 512

K.N. Mema v. State of Rajasthan, AIR 1957 SC 369 K.S. Mohan v. Sandhya Mohan, AIR 1993 Mad 59 Kailash v. State of Madhya Pradesh, AIR 2007 SC 107

Kaliyaperumal v. State of Tamil Nadu, AIR 2003 SC 3828 Kalpana Mehta v. Unionof India, AIR 2018 SC 2493. Kalyan Chandra Sarkar v. Rajesh Ranjan @ Pappu Yadav, AIR 2005 SC 921 Kamal Kishore v. State (Delhi Administration), (1972) 2 Crimes 169 (Del) Kamil v. State of Uttar Pradesh, LNIND 2018 SC 575. Kamdanantha v. State of Tamil Nadu, AIR 2005 SC 2132

Kamla v. State of Punjab, AIR 1993 SC 374 Kansaheb Kalu Patil v. State of Maharashtra, AIR 1981 SC 80: 1980 Cr LJ 1312 Kaptan Singh v. State of Madhya Pradesh, (1997) 4 Supreme 211

Kapur Singh v. State of Pepsu, AIR 1956 SC 654 Karamjit Singh v. State (Delhi Administration), AIR 2003 SC 1311

Kartar Singh v. State of Haryana, AIR 1982 SC 1433 Kashmir Kaur v. State of Punjab, AIR 2013 SC 1039. Kavita v. State, 2000 Cr LJ 315 (Del) Kavita Chandrakant Lakhani v. State of Maharashtra, AIR 2018 SC 2099. Kedar Nath v. State of Madhya Pradesh, (1991) Cr LJ 989 (SC) Kehar Singh v. State (Delhi Admn.), (1989) Cr LJ 1: AIR 1988 SC 1883 Khatoon v. Mohd. Yamin, AIR 1982 SC 853 Khuddu v. State of Uttar Pradesh, AIR 1993 SC 1538 (1540) Khushal Rao v. State of Bombay, AIR 1958 SC 22 Kishan Chand v. Sita Ram, AIR 2005 P&H 156 Kishore Bhadke v. State of Maharastra, AIR 2017 SC 279. Kishore Shambhudatta Mishra v. State of Maharashtra, (1989) Cr LJ 1149: AIR 1989 SC 1173 Kishori Mohan v. State of Bihar, 1976 Cri L] 654 Kishun Singh v. State of Bihar, 1993 (1) Crimes 494 (SC)

Koppula Venkat Rao v. State of Andhra Pradesh, (2004) 3 SCC 602 Koti Lakshman Bhai v. State of Gujarat, AIR 2000 SC 210 Krishan Kumar Malik v. State of Haryana, AIR 2011 SC 2877: (2011) 7 SCC 130: JT 2011 (7) SC 94: (2011) 6 SCALE 759. Krishan Lal v. Union of India, 1994 Cr LJ 3472 Krishna Mohali v. State of Bihar, (1997) 2 Crimes 146 (Pat)

623, 624 269 152 627 411 129, 239 511 611 248 519 147, 275 542 510 439,515 94 429 627 631 623

429 426 136, 201 598 667

612 590 658

Table of Cases

Krishna Ram v. State of Rajasthan, AIR 1993 SC 1386 Krishnappa v. Thoppaiah Shetty, (1997) 2 Crimes 360 (Karn) Kuljeet Singh v. Union of India, AIR 1981 SC 1572: (1981) Cr LJ 1045: (1981) Cr LR (SC) 328 Kunwar Lal v. State of Madhya Pradesh, 1999 Cr LJ 3632 (MP) Kusa v. State of Orissa, AIR 1980 SC 559

xiii 610 210

514 556 627

L Labhuji Amratji Thakor and Ors v. The State of Gujarat, 2018 SCC OnLine SC 2547, 2018 (15) SCALE 39, LNIND 2018 SC 588 Lakha v. State of Rajasthan, 1999 Cr LJ 3418 (Raj)

192 546

Lalit Kumar Sharma v. Superintendent and Remembrancer of Legal Affairs, Government of West Bengal, (1989) Cr LJ 2297: AIR 1989 SC 2134 Lalita Kumari v. Government of Uttar Pradesh, AIR 2014 SC 187. Lallan Bhai v. State of Bihar, AIR 2003 SC 333

Lallu Manjhi v. State of Jharkhand, AIR 2003 SC 854 Laloo Prasad v. State of Bihar, (1997) 2 Crimes 498 (Pat)

Lalta v. District [Vth upper Distt. Judge Basti, AIR 1999 All 342 Laxman v. State of Rajasthan, (1997) 2 Crimes 125 (Raj)

234 109, 111, 455 412 662 275, 594 656 621

Laxmibai (Dead) through LRs v. Bhagwantbura (Dead) through LRs, AIR 2013 SC 1204. Lee Kun Hee v. State of Uttar Pradesh, AIR 2012 SC 1007: (2012) 3 SCC 132: 2012(2) JT 237: 2012 (2) SCALE 152: 2012 Cr LJ 1551. Leela Ram v. State of Haryana, 1999 (8) JT 274: 1999 (8) Supreme 631 Lella Srinivasa Rao v. State of Andhra Pradesh, AIR 2004 SC 1720

Life Insurance Corporation of India v. Narmada Agarwalla, AIR 1993 Ori 103 Luis Caetano Viegan v. Esterline Mariana R.M.A. Da’Costa, AIR 2003 SC 630

663 132 110 667 635 628

M M. Deo Narain Reddy v. Govt. of Andhra Pradesh, AIR 2004 NOC 332 (AP) M. Mohan v. State, AIR 2011 SC 1238: (2011) 3 SCC 626: JT 2011 (3) SC 32: (2011) 3 SCALE 78. M. Mohan v. State, AIR 2011 SC 238: (2011) 3 SCC 626: JT 2011 (3) SC 32: (2011) 3 SCALE 78. M. Nagendrappa v. Commercial Tax Officer, (1997) 2 Crimes 442 (Karn) M.D.K. Immigration Consultant, Chandigarh v. Union of India,

2000 Cr LJ 252 (P&H) M.S. Ahlawat v. State of Haryana, AIR 2000 SC 168: 2000 Cr LJ 388 (SC) Madan Lal v. State of Madhya Pradesh, (1997) 2 Crimes 210 (MP) Madan Mohan Pandey v. State of Uttar Pradesh, (1991) Cr LJ 467 (SC)

Maddanappa v. Chandramma, AIR 1965 SC 1812 Madhari v. State of Chattisgarh, 2002 Cr LJ 2630 (SC) Madho Singh v. State of Rajasthan, (1997) 2 Crimes 358 (Raj) Madi Ganga v. State of Orissa, AIR 1981 SC 1165: 1981 Cr LJ 628: (1981) 2 SCC 224: 1981 SCC (Cr) 411

Mahadeo Prasad v. State of Bengal, AIR 1954 SC 724 Mahendra Singh v. State of Rajasthan, (1997) 3 Crimes 102 (Raj) Mahesh Chand v. B. Janardhan Reddy, AIR 2003 SC 702

658 521 521 246 635 137 546 427 658 516 158

622 565 233 144

xiv

Table of Cases

Major Singh v. State of Punjab, AIR 2003 SC 342 Malay Kumar Ganguly v. Sukumar Mukherjee, AIR 2010 SC 1162.

412 631

Malika v. P. Kalandi, 2000 Cr LJ 142 (Mad) Maliyakkal Abdul Azeez v. Assistant Collector, AIR 2003 SC 928

Mangat Ram v. State of Haryana, AIR 2014 SC 1782. Manguli Dei v. State of Orissa, 1989 Cr LJ 823: AIR 1989 SC 483

655

Manharibhai Muljibhai Kakadia v. Shaileshbhai Mohanbhai Patel, (2012) 10 SCC 517: 2012 (10) JT 61: 2012 (9) SCALE 617: 2012(7) SLT 455. Manharibhai Muljibhai Kakadia v. Shaileshbhai Mohanbhai Patel, (2012) 10

SCC 517: 2012 (16) JT 61: 2012 (9) SCALE 617: 2012 (7) SLT 455. Manohar v. Ashoka, AIR 2000 SC 202

Mangj v. State of Madhya Pradesh, 1999 (3) SC C 175: AIR 1999 SC 1403: 1999 (2) Crimes 329 (SC) Mansab Ali v. Irsan, AIR 2003 SC 707 Mantram v. State of Madhya Pradesh, (1997) 2 Crimes 550 (MP) Matloob v. State (Delhi Admn.), (1997) 3 Crimes 989 (Del) Minu Kumari v. State of Bihar, (2006) 4 SCC 359 Mir Mohd. Omar z. State of West Bengal, (1989) Cr LJ 2070: AIR 1989 SC 1875

Mirza Akbar v. Emperor, AIR 1940 PC 176 Mirza Ghani Baig v. State of Andhra Pradesh, (1997) 2 Crimes 19 (AP) Mohammed Ajmal Mohammad Amir Kasab v. State of Maharashtra, AIR 2012

SC 3565: (2012) 9 SCC 1: 2012 (8) JT 4: 2012(7) SCALE 553: 2012 Cr LJ 4770. Mohammed Kunju v. State of Karnataka, AIR 2000 SC 6: 2000 Cr LJ 165 (SC) Mohan Lal v. State of Panjab, AIR 2013 SC 2408. Mohan Singh v. State of Madhya Pradesh, AIR 1999 SC 883: 1999 (2) SCC 428

Mohandas Suryavanshi v. State of Madhya Pradesh, 1999 Cr LJ 3451 (MP) Mohanlal Ganga Ram Gehani v. State of Maharashtra, AIR 1982 SC 839 Mohanlal Shamji Soni v. Union of India, (1991) GLJ 1521 (SC): (1991) 1 Crimes 818 (SC): (1991) Cr LJ 152 (SC) Mohd. Afzal v. Noor Nisha Begum, (1997) 2 Crimes 493 (Del) Mohd. Aman v. State of Rajasthan, (1997) 4 Supreme 635 Mohd. Inayatullah v. State of Maharashtra, AIR 1976 SC 483 Mohd. Jainal Abedin v. State of Assam, (1997) 2 Crimes 660 (Gau) Mohd. Kunju v. State of Karnataka, AIR 2000 SC 6: 2000 Cr L] 165 (SC)

Mohd. Usman Mohd. Hussain Maniyar v. State of Maharashtra, AIR 1981 SC 162: (1981) SC Cr 381: (1981) Cr L] 597 Mohd. Yousuf v. Afag Jahan, (2006) 1 SCC 627 Mohd. Zahid v. State of Tamil Nadu, 1999 Cr LJ 3699 (SC)

Mohd. Zuber Noor Mohammed Changwadia v. State of Gujarat, 1999 Cr LJ 3419 (Guj) Mohinder Singh v. State (Chandigarh Admn.), (1997) 3 Crimes 142 (P&H)

Mohinuddin v. President, Municipal Committee, Khargone, AIR 1993 MP 5 Monica Kumar v. State of Uttar Pradesh, (2008) 8 SCC 781

Monica v. State of Rajasthan, AIR 2010 SC 103. Motiram Padu Joshi v. State of Maharashtra, AIR 2018 SC 3245. Mrinal Das v. State of Tripura, AIR 2011 SC 3753: (2011) 9 SCC 479: (2011) 10

SCALE 55.

623 112, 113 263, 264

439 27,110 631

Table of Cases

XV

Ms. X v. State of Telangana, AIR 2018 SC 2466. Mukesh v. State of NCT of Delhi, AIR 2017 SC 2161. Mukhtar Ansari v. CBI New Delhi, 2000 Cr LJ 68 (All)

260 109, 610A, 626 37

Mukund alias Kundu Mishra v. State of Madhya Pradesh, (1997) 4 Supreme 359

657

Mulla v. State of Uttar Pradesh, AIR 2010 SC 942: (2010) 3 SCC 508: JT 2010 (2) SC 35

615

Mullagiri Vajiram v. State of Andhra Pradesh, AIR 1993 SC 1243 Muniappan v. State of Tamil Nadu, AIR 1981 SC 1221: (1981) Cr LJ 726:

615

(1981) 3 SCC 11: 1981 SCC (Cr) 317

215

Municipal Corporation of Delhi v. Girdhari Lal Sapru, AIR 1981 SC 1169: (1981) Cr LJ 632: (1981) 2 SCC 758: (1981) SCC (Cr) 598

238

Munile Sao v. State of Bihar, (1997) 3 Crimes 200 (Pat)

B17;

Munish Mubar v. State of Haryana, AIR 2013 SC 912.

614

Murlidharan v. State of Tamil Nadu, (1997) 1 Crimes 515 (Mad) Murugam v. State of Tamil Nadu, AIR 2011 SC 1691: (2011) 6

186, 658

SCC 111: JT 2011 (6) SC 602: (2011) 5 SCALE 464: 2011 Cr LJ 2948. Mustafa Shahdal Shaikh v. State of Maharashtra, AIR 2013 SC 851.

628 519

N N. Natarajan v. B.K. Subba Rao, AIR 2003 SC 541 N.V. Satyanandam v. Public Prosecutor, AP High Court, AIR 2004 SC 1708 Nachhattar Singh v. State of Punjab, (2011) 11 SCC 542: JT 2011 (7) SC 47: (2011) 3 SCALE 41. Nadodi Jayaraman v. State of Tamil Nadu, AIR 1993 SC 777 Najoor Ahmad v. State of Bihar, 1999 Cr LJ 2550 (Pat) Nallamsetty Yanasaiah v. State of Andhra Pradesh, AIR 1993 SC 1175 Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik, AIR 2014 SC 932. Nandram v. State of Madhya Pradesh, 1995 FAJ 1 (MP) Nanhar v. State of Haryana, JT 2010 (6) SC 196: (2010) 6 SCALE 178: 2010 Cr LJ 2450. Narain Singh v. State, (1997) 2 Crimes 464 (Del) Narasingh Challan v. State of Orissa, (1997) 2 Crimes 78 (Ori) Narayana Swamy v. State of Karnataka, 2000 Cr LJ 262 (Kant) Naresh Kavarchand Khatri v. State of Gujarat, (2008) 8 SCC 300 Naresh v. State of Haryana, (1997) 2 Crimes 587 (P&H) Naresh v. State of Uttar Pradesh, AIR 1981 SC 1385: (1981) Cr LJ 1044: 1981 SCC (Cr) 285: (1981) Cr LR (SC) 432 Narotam Singh v. State of Punjab, AIR 1978 SC 1542 Nashik v. State of Maharashtra, 1993 (1) Crimes 1197 (SC) Nathia v. State of Rajasthan, 1999 Cri LJ 1371 (Raj) National Insurance Co. Ltd. v. Mastan, AIR 2006 SC 577 Navaneethakrishnan v. State by Inspector of Police, AIR 2018 SC 2027.

210 519 521 611 546

610 654 627, 663, 665 626 651 507, 658 509 110, 131

547 223 416

514 610 657 610A, 623

Navtej Singh Johar v. Union of India, AIR Online 2018 SC 146

553

Nem Chand v. State of Haryana, (1994) 3 Crimes 608 (SC) Nethala Pothuraju v. State of Andhra Pradesh, (1991) Cr LJ 3133 (SC) Ningamma v. Chikkiah, AIR 2000 Karn 50

518 412 654

Noorul Huda Maqbool Ahmed v. Ram Deo Tyagi, (2011) 7 SCC 95: JT 2011 (7) SC 189: (2011) 6 SCALE 644: 2011 Cr LJ 4264.

575

xvi

Table of Cases

O Om Parkash v. State of Punjab, AIR 1961 SC 1782 Om Parkash v. State of Punjab, AIR 1993 SC 138 Om Prakash v. State of Madhya Pradesh, AIR 1982 SC 783 Orient Syntex Ltd. v. Besant Capital Tech. Ltd., 2000 Cr LJ 210 (Bom)

P P. Rathinam/Nagbhushan Patnaik v. Union of India, JT 1994 (3) SC 392 P. Sreekumar v. State of Kerala, AIR 2018 SC 1482. P.V. Narayana v. State of Andhra Pradesh, (1997) 2 Crimes 307 (AP) P.Vijayan v. State of Kerala, AIR 2010 SC 663.

Padam Singh v. State of Uttar Pradesh, AIR 2000 SC 361 Padman Meher v. State of Orissa, AIR 1981 SC 447 (1980) Cr LJ 1507: (1981) SCC (Cr) 259: (1981) Cr LR (SC) 681 Palani Gaindan v. Emperor (1919) 42 Mad 547 Pallem Deniel Victoralions Victor Manter v. State of Andhra Pradesh, (1997) 1 Crimes 499 (AP) Pandappa Hanumappa Nanamar v. State of Karnataka, (1997) 3 Supreme Today 63 Pankaj Jain v. Union of India, AIR 2018 SC 1155.

Pappi @ Mehboob v. State of Rajasthan, LNIND 2019 SC 85. Parveen Pradhan v. State of Uttaranchal, 2012 (10) JT 478:2012 (9) SCALE 745: 2012 (7) SLT 552. Parvinder Singh v. Renu Gautam, (2004) 4 SCC 794

Parvinderjit Singh v. State (U.T. Chandigarh), AIR 2009 SC 502 Patai alias KrishnaKumar v. State of Uttar Pradesh, AIR 2010 SC 2254. Patel Rasiklal Becharbhai v. State of Gujarat, AIR 1992 SC 1150 Pathan Hussain Basha v. State of Andhra Pradesh, AIR 2012 SC 3205: (2012) 8 SCC 594: 2012 (7) JT 432: 2012 (7) SCALE 346: 2012 Cr L] 4230.

Patil Paresh Kumar Jayanti Lal v. State of Gujarat, 2000 Cr LJ 223 (Guj)

Pentakota Satyanarayana v. Pentakota Seetharatnam, AIR 2005 SC 4362 Periyasami and Ors v. S. Nallasamy, LNIND 2019 SC 253

Phool Kumari v. Office of the Superintendent, Central Jail, Tihar, New Delhi, AIR 2012SC 3198: (2012) 8 SCC 183: 2012 (7) JT 220: 2012 (7) SCALE 279: 2012 Cr L] 4261. Phula Singh v. State of Himachal Pradesh, AIR 2014 SC 1256. Poonam Chand Jain v. Fazru, AIR 2010 SC 659.

Popular Muthiah v. State, Represented by Inspector of Police, (2006) 7 SCC 296 Prabhu v. State of Madhya Pradesh, (1991) Cr LJ 1373 (1373-1374) (SC)

416 190 144 129, 274 509, 510

Pradipta Basu Roy Chowdhury v. Babita Basu Chowdhury,

(1997) 2 Crimes 397 (Cal)

Prakash Chand »v. State of Himachal Pradesh, 1999 (1) Crimes 675 (HP)

Prakash Kaur v. Harijinderpal Singh, AIR 1999 Raj 46 Prakash v. State of Haryana, AIR 2004 SC 227 Prakash v. State of Madhya Pradesh, AIR 1993 SC 65 Pramod Kumar v. State (GNCT)of Delhi, AIR 2013 SC 3344.

Pratapbhai Hamirbhai Solanke v. State of Gujarat, 2012 (10) JT 286: 2012 (10) SCALE 237: 2012 (8) SLT 392.

131

Table of Cases

Pratima

xvil

Choudhary v. Kalpana Mukherjee, AIR 2014 SC 1304.

658 Pravakar Behera v. State of Orissa, (1997) 2 Crimes 108 (Ori) 615 Prema S. Rao v. Yadla Srinivasa Rao, AIR 2003 SC 11 519, 521 Premwati v. State of Uttar Pradesh, 1991 Cr LJ 263 520 Prithi Chand v. State of Himachal Pradesh, (1989) Cr LJ 841: AIR 1989 SC 702 O44 Prithi v. State of Haryana, (2010) 8 SCC 536: JT 2010 (7) SC 567: (2010) 7 SCALE 344. 668 Public Prosecutor v. Mushunooru Suryanarayana Moorty, (1942) 2 MWN 136:

(1912) 13 Cr LJ 145 Pulukuri Kottaya v. Emperor, AIR 1947 PC 119 Puran Singh v. State of Punjab, 1975 Cr LJ 1479 SC Pyare Lal Bhargava v. State of Rajasthan, AIR 1963 SC 1094 R R.M. Malkani v. State of Maharashtra, AIR 1973 SC 157 Rabindra Kumar Pal v. Republic of India, AIR 2011 SC 1436: (2011) 1 SCALE 615: 2011 (1) SLT 595. Radhey Shyam v. Kunj Behari, (1990) Cr LJ 668 (SC): AIR 1990 SC 121

Rafiq Ahmed v. State of Uttar Pradesh, AIR 2011 SC 3114: (2011) 8 SCC WO: JT 2011 (9) SC 279: (2011) 8 SCALE 272: 2011 Cr LJ 4399. Raghunath Prasad v. State of Rajasthan, (1997) 3 Crimes 86 (Raj) Raghunath v. State of Haryana, AIR 2003 SC 165 Rahul Agarwal v. Rakesh Jain, AIR 2005 SC 910 Raj Nath v. State of Uttar Pradesh, 1988 Cr LJ 422: AIR 1988 SC 345 Raja v. State, (1997) 2 Crimes 175 (Del) Rajathi v. C. Ganesan, (1999) 6 SCC 326: AIR 1999 SC 2374: 1999 (5) JT 29 Rajbir alias Satbir v. State of Haryana, (1997) 2 Crimes 386 (P&H) Rajesh Govind Jagesha v. State of Maharashtra, AIR 2000 SC 160: 2000 Cr LJ 380 (SC)

Raj picts Singh v. State, (2012) 10 SCC 144: 2012 (10) SCALE 137: 2012 (8) T 134 Raju Pandurang Mahale v. State of Maharashtra, AIR 2004 SC 1677 Rakesh Kumar Mishra v. State of Bihar, (2006) 1 SCC 557 Ram Babu v. State of Uttar Pradesh, AIR 2010 SC 2143.

Ram Babu v. State of Uttar Pradesh, AIR 2010 SC 2143: (2010) 5 SCC 63: JT 2010 (4) SC 98. Ram Blias Singh v. State of Bihar, (1989) Cr LJ 1782: AIR 1989 SC 1593 Ram Chandra Bhagat, v. State of Jharkhand, 2012 (11) JT 277:2012 (11)

SCALE 115: 2012 (8) SLT 523. Ram Narain v. State of Uttar Pradesh, AIR 1973 SC 2200 Ram Nath Novia v. State of Bihar, 2000 Cr LJ 318 (Pat) Ram Sahai v. JaiPrakash, AIR 1993 MP 147

Ram Sai v. State of Madhya Pradesh, 1994 Cr LJ 138 (SC) Ram Shankar v. State of Madhya Pradesh, AIR 1981 SC 644: (1981) Cr LJ 162: (1981) SCC (Cr) 378

Ram

v. Central Bureau of Narcotics, AIR 2011 SC 2490: (2011) 11

© 347: (2011) 6 SCALE 243: 2011 Cr LJ 3579. Ram Singh v. State ofMaharashtra, 1999 Cr LJ 3763 (Bom) Ram Sunder Yadav v. State of Bihar, 1999 Cr LJ 3671 (SC) Rama Kanta Jain v. M.S. Jain, AIR 1999 Del 281

615

xviii

Table of Cases

Raman Saikia v. State of Assam, (1997) 2 Crimes 555 (Gau) Raman v. Francis, (1988) Cr LJ 1359 (Ker) Ramashish Yadav v. State of Bihar, 1999 (8) SCC 555: 1999(6) JT 560: 1999 (2) JCC (SC) 471 413, Ramaswami Nadar 7. State of Madras, AIR 1958 SC 56 559, Ramchandran v. State of Kerala, AIR2011 SC 3581: (2011) 9 SCC 257: (2011) 9 SCALE 676. Ramdas v. State of Maharashtra, AIR 2007 SC 155 Ramdeo Rai Yadav z. State of Bihar, (1990) Cr LJ 1183 (SC) Ramesh Chandra Sao 2. State of Bihar, AIR 1999 SC 1574 Ramesh Chandra v. State of Madhya Pradesh, 1999 (1) JCJ 223 Ramesh Harijan v. State of Uttar Pradesh, AIR 2012 SC 1979: 2012 (5) JT 240: 2012 (5) SCALE 561: 2012 Cr LJ 2914. Ramesh v. State of Rajasthan, JT 2011 (2) SC 331: (2011) 2 SCALE 669: 2011 (2)

Supreme 97. Ramkaran Mohton z. State, AIR 1958 Pat 452

190 416 450 561

448 109 615 513 416

515 526, 527

Ramkrishna Dode v. Anand, AIR 1999 Bom 89 Ramlila Maidan Incident v. Home Secretary, Union of India, (2012) 5 SCC 1: 2012 (3)JT 1: 2012 (2) SCALE 682: 2012 Cr LJ 3516. Rampal Singh v. State of Uttar Pradesh, (2012) 8 SCC 289: 2012 (7) JT 10: 2012 (6) SCALE 574: 2012 Cr LJ 3765.

640 102 507

Ramprasad v. State of Maharashtra, AIR 1999 SC 1969: 1999 (5) SCC 30:

1999 (3) SCALE 633: 1999 (4) JT 74 Ramu & Ram Kumar 7. Jagannath, 1994 Cr LJ 66 (SC)

113 214

Rangammal v. Kuppuswami, AIR 2011 SC 2344: JT 2011 (6) SC 457: (2011) 6 SCALE 161. Rangaswami v. State of Tamil Nadu, (1989) Cr LJ 875: AIR 1989 SC 1137

651 412

Ranjitham v. Basavaraj, (2011) 13 SCALE 221: 2011 (2) Supreme 260: 2011 (8) SLT 662. Rasikbhai Ram Singh Rana 2. State of Gujarat, 1999 (1) Guj CR 176 Rasiklal Dalpatram Thakkar v. State of Gujarat, AIR 2010 SC 715.

427 427 110

Rasiklal v. Kishore Khanchand Wadhwani, AIR 2009 SC 1341 Ratan Debnath >. State of Tripura, 2000 Cr LJ 237 (Gau)

252 512

Ratan Lal v. State of Madhya Pradesh, 1994 Cri LJ 1684

519

Ravi Kapoor v. State of Rajasthan, AIR 2012 SC 2986: 2012 (7)JT 480: 2012 (7)

SCALE 354: 2012 Cr LJ 4403. 497 Ravinder Singh 2. State of Punjab, AIR 1975 SC 856 662 Ravishwar Manjhi v. State of Jharkhand, AIR 2009 SC 1262 109 Rawalpenta Venkalu v. State of Hyderabad, AIR 1956 SC 171 510, 514 Rehana Begum v. Mirza M. Shaiulla Baig (Dead) by L.Rs., AIR 2005 Kant 446 666 Rekha Sengar v. State of U.P., AIR 2017 SC 2150. 513 Rishi Kumar v. State of Haryana, Criminal Appeal No. 335-B of 1985 591 Rita v. Brij Kishore, AIR 1984 Del 291 590 Ritesh Sinha v. State of Uttar Pradesh, JT 2012 (12) SC 258: 2012 (12) SCALE 10: 2012 (9) SLT 267. 61 Rizan v. State of Chattisgarh, AIR 2003 SC 976 427, 610, 653 Robba Ramanna Dora v. State of Andhra Pradesh, 2000 Cr LJ 118 (AP) 512 Romesh Chandra 0. State, AIR 1960 SC 154 596 Romesh Lal Jain v. Naginder Singh Rana, (2006) 1 SCC 294

140

Table of Cases

xix

Roy Fernandes v. State of Goa, AIR 2012 SC 1030: (2012) 3 SCC 221: 2012 (2) JT 457: 2012 Cr LJ 1542. Rupali Devi. v. State of Uttar Pradesh; LNIND 2019 SC 331

448

594

S S. Kaliyammai v. K. Palaniammal, AIR 1999 Mad 40 S. Murugesan v. S. Pethaperumal, AIR 1999 Mad 76 S. Varadrajan v. State of Madras, AIR 1965 SC 942

656 666 538

S.D. Soni v. State of Gujarat, (1991) Cr LJ 330 (SC)

110, 512

S.K. Shukla v. State of Uttar Pradesh, AIR 2006 SC 413 S.N. Hussain v. State of Andhra Pradesh, AIR 1972 SC 685

201 517

Sadhu Singh v. State of Punjab, (1997) 3 Crimes 55 (PH)

74

Sadhupati Nageswara Rao v. State of Andhra Pradesh, AIR 2012 SC 3242: (2012)

8 SCC 547: 2012 (7) JT 512: 2012 (7) SCALE 63:2012 Cr LJ 4317.

565, 566

Sahadevan v. State of Tamil Nadu, AIR 2012 SC 2435: (2012) 6 SCC 403: 2012 (5)

JT 151: 2012(5) SCALE 415: 2012 Cr LJ 3014.

610B

Sahdeo Prasad Sao v. State of Bihar, 2000 Cr LJ 242 (Pat) Sajan K. Varghese v. State of Kerala, (1989) Cr LJ 897: AIR 1989 SC 1058 Salil Kumar Roy v. Badu Den Bhansali, AIR 1999 Cal 270

57, 265 621

Sambhunath Mitra v. Khaitan Consultant Ltd., AIR 2005 Cal 281 Sampat Singh v. Bhagwanti, AIR 2010 (NOC) (P&H). Sampath Kumar v. Inspector of Police, Krishnagiri, AIR 2012 SC 1249: (2012) 4 SCC 124: 2012 (2) JT 661: 2012 (3) SCALE 271: 2012 (2) SLT 431. Samuthram alias Samudra Rajan v. State of Tamil Nadu, (1997) 2 Crimes 185 (Mad) 510, Sangarabonia Sreenu v. State of Andhra Pradesh, (1997) 4 Supreme 214 155, 514, Sanjeev Kumar v. State of Himachal Pradesh, AIR 1999 SC 782: 1999 (1)JT 116

658 637, 642

516, 521 440,475

Santosh Desai v. State of Goa, (1997) 2 Crimes 666 (Bom) Sarbeswar Panda v. State of Orissa, (1997) 2 Crimes 534 (Ori)

412 158, 191

614 511, 653

Sarbir Singh v. State of Punjab, 1993(1) Crimes 616 (SC)

514

Satish Jayanthilal Shah v. Pankaj Mashruwala, (1997) 2 Crimes 203 (Guj)

641

Satish Sharma v. State of Gujarat, AIR 2003 SC 648. Satvir Singh v. State of Punjab, AIR 2001 SC 2828: (2001) 8 SCC 633 Sawai Ram v. State of Rajasthan, (1997) 2 Crimes 148 (Raj)

126 518 427, 514, 658

Sayaji Hanmat Baukar v. State of Maharashtra, AIR 2011 SC 3172: JT 2011 (7)

SC 311: (2011) 7 SCALE 710: 2011 Cr LJ 4338. Sayeeda Farhara Shamin v. State of Bihar, (2008) 8 SCC 218

510 162

Seema Singh v. Central Bureau of Investigation, AIR 2018 SC 2161.

255

Sehr v. State of Karnataka, AIR 2010 SC 1974: (2010) 7 SCC 263: JT 2010 (5) SC 11.

623

Sennasi v. State of Tamil Nadu, (1997) 3 Crimes 112 (Mad) Seralli Wali Mohammed v. State of Maharashtra, AIR 1972 SC 2443 Sethuraman v. Rajamanickam, 2009 (77) AIC 165 (SC)

258, 259 422 238

Shafhi Mohammad v. State of Himachal Pradesh, AIR 2018 SC 714. Shaik Fakruddin v. Shaik Mohammed Hasan,AIR 2006 AP 48 Shaik Subhani v. State of Andhra Pradesh, 2000 Cr LJ 321 (AP) Shailjav.Khobbanna, AIR 2017 SC 1174. Shakeel alias Pappoo v. State of Uttar Pradesh, 2000 Cr LJ 153 (All)

639 654 664 93 541

xXx

Table of Cases

Shakhram Shankar Bansode v. State of Maharashtra, AIR 1994 SC 1594 Shambhu Dass v. State of Assam, AIR 2010 SC 3300: (2010) 10 SCC 374: JT 2010 (9) SC 470: (2010) 9 SCALE 558.

622

Shanmugam alias Kulandaivelu v. State of Tamil Nadu, AIR 2003 SC 209 Shanti v. State of Haryana, AIR 1991 SC 1226

517 520

Sharadamma v. Kenchamma, AIR 2007 Kant 17 Sheelam Ramesh v. State of Andhra Pradesh, AIR 2000 SC 118: 2000 Cr LJ 51 (SC): 1999 (8) SCC 369: 1999 (6) SCALE 499: 1999 (8) JT 537: 1999 (8) ST 481:

663

109

1999 (8) SRJ 276: 1999 (10) Supreme 181 109, 610 Sheetala Prasad v. Sri Kant, AIR 2010 SC 1140: (2010) 2 SCC 190: JT 2009 (15) SC 227: (2009) 14 SCALE 604. 239 Shidagauda Nilgappa Ghandakar v. State of Karnataka, AIR 1981 SC 764: (1981) Cr LJ 324: (1981) SCC (Cr) 163: (1981) Cr LR (SC) 112 250 Shiv Kumar v. State by Inspector of Police, AIR 2006 SC 653 621 Shivasharanappa v. State of Karanataka, AIR 2013 SC 2144. 610B Shobha Rani v. Madhukar, AIR 1988 SC 121 590 Shobha Rani v. Ravikumar, AIR 1999 P&H 21 636 Shravan Dashrath Darange v. State of Maharashtra, (1997) 2 Crimes 47 (Bom) 555, 556, 659 ShreeSidhbali Steels Ltd. v. State of Uttar Pradesh, AIR 2011 SC 1175: (2011) 3 SCC 193: (2011) 1 SCALE 676. 658 Shriang Shankar Lokhande v. State of Maharashtra, (1997) 1 Crimes 479 (Bom) Shrichand v. State of Madhya Pradesh, (1993) Cr LJ 495

234 27

Shyam Sundar Chowkhani 7. Kajal Kanti Biswas, AIR 1999 Gau 101 641 Shyamal Ghosh v. State of West Bengal, AIR 2012 SC 3539: 2012 (7) SCC 646: 2012 (6) JT 404: 2012 (6) SCALE 381: 2012 Cr LJ 3825. 412,615 Sidhartha Vashist v. State (NCT of Delhi), AIR 2010 SC 2352: (2010) 6

SCC 1: JT 2010 (4) SC 107. Siraj Mohammed Khan Jan Mohammed Khan 2. Hafizunnisa Yasin Khan, AIR 1981 SC 1972: (1981) Cr LJ 1430: (1981) 4 SCC 250 Smt. Selvi v. State of Karnataka, AIR 2010 SC 1974. Sobha Hymavathi Devi v. Setti Gangadhara Swamy, AIR 2005 SC 800 Sohan Singh 2. State of Rajasthan, (1997) 3 Crimes 204 (Raj) Som Nath >. State of Rajasthan, AIR 1972 SC 1990 Somwanti 2. State of Punjab, AIR 1963 SC 151

671 94 623 656 220, 242 562 654

Soni Devrajbhai Babubhai v. State of Gujarat, 1991 Cr LJ 313 (SC)

519

Sooraj Devi v. Pyarelal, AIR 1981 SC 736: (1981) Cr LJ 296: (1981) 1 SCC 500: (1981) SCC (Cr) 188: (1981) Cr LR (SC) 174

223

Sri B.S.S.V.V.V. Maharaj 2. State of Uttar Pradesh, 1999 Cr LJ 3661 (SC) Srinivas Pal v. Union Territory of Arunachal Pradesh (now State),

129

1988 Cr LJ 1803: AIR 1988SC 1729 State (Delhi Admn.) v. Jagjit Singh, 1989 Cr L] 980: AIR 1989 SC 989 State by the Inspector of Police, Chennai v. S. Selvi, AIR 2018 SC 81. State of Andhra Pradesh v. Gourishetty Mahesh, JT 2010 . SCALE 767: 2010 Cr L] 3844. i peas ee: State of Andhra Pradesh v. R. Ranga Damappa, AIR 1982 SC 1492 State of Andhra Pradesh v. Rayavarpu Punayya, AIR 1977 SC 45 State of Bihar v. Murad Ali Khan, (1989) Cr LJ 1005: AIR 1989 SC 1

272 186 160

274 239 510 275

Table of Cases

xxi

State of CBI/SIT v. Nalani, AIR 1999 (5)SC 60 State of Gujarat v. Gandabhai S/o. Govind Bhai, 2000 Cr LJ 92 (Guj)

515 159, 610 439, 513

State of Haryana v. Pradeep Kumar, 1999 SCC (Cr) 358: 1999 (1) Crime 8 (SC)

State of Haryana v. Sher Singh, AIR 1981 SC 1021: 1981 SC Cr R 317: 1981 Cr LJ 714: (1981) 2 SCC 300 State of Haryana v. Ved Prakash, 1994 Cr LJ 140 (SC) State of Himachal Pradesh v. Tara Dutta, AIR 2000 SC 297 State of Karnataka v. Benoy Thomas, (1997) 2 Crimes 141 (Karn)

652 610, 622 155, 270, 272 228

State of Karnataka v. Hema Reddy alias Vema Reddy, AIR 1981 SC 1417: (1981) Cr LJ 1019: (1981) 2 SCC 185: (1981) 1 SCC (Cr) 395: (1981)Cr LR (SC) 278

251

State of Karnataka v. K. Yarappa Reddy, 2000 Cr LJ 400: 1998 (8) SCC 715: 1999 (6) SCALE 330: 1999 (8) JT 10: 1999 (4) Crimes 171 State of Karnataka v. Maygowda, AIR 1982 SC 1171: (1982) Cr LJ 1397: (1981) 4 SCC 429: (1981) SCC (Cr) 849: (1982) Cr LR (SC) 39

109, 110, 668 239

State of Karnataka v. Pastor P. Raju, (2006) 6 SCC 728

138

State of Karnataka v. Shariff, AIR 2003 SC 1074 State of Karnataka v. Shivalingaiah, (1988) Cr LJ 394: AIR 1988 SC 115 State of Kerala v. Babu, AIR 1999 SC 2161: 1999 (4) SCC 621: 1999(3) JT 394: 1999 (3) Crimes 27 (SC)

509 526 112

State of Kerala v. Padmanabham Nair, 1999 Cr LJ 3696 (SC)

560

State of Madhya State of Madhya State of Madhya State of Madhya State of Madhya SCALE 619:

116 449 115 260

Pradesh Pradesh Pradesh Pradesh Pradesh 2011 Cr

through C.B.L. v. Paltan Mallah, AIR 2005 SC 733 v. Bhagwan Singh, 2000 Cr LJ 123 (MP) v. Dharkole alias Govind Singh, AIR 2005 SC 44 v. Pradeep Sharma, AIR 2014 SC 626. v. Ramesh, (2011) 4 SCC 786: JT 2011 (4) SC 63: (2011) 3 LJ 2297.

State of Madhya Pradesh v. Rammi, 1999 (1) JLJ 49 State of Maharashtra v. Budhikota Subha Rao, 1993 (1) Crimes 1124 (SC) State of Maharashtra v. Captain Buddhikota Subha Rao, (1989) Cr LJ 2317: AIR 1989 SC 2292

623 140 252

State of Maharashtra v. Joseph Mingel Koli, (1997) 2 Crimes 228 (Bom)

109, 112, 230, 450, 554

State of Maharashtra v. Krishna Murti Laxmipati Naidu, AIR 1981 SC 617: (1981) SC Cr R 398: (1981) Cr LJ 9: (1981) SCC (Cr) 354

507

State of Maharashtra v. Mohammad Salim Khan, (1991) 1 Crimes 120 (SC) State of Maharashtra v. Saeed Sohail Sheikh, 2012 (11) JT 230: 2012 (10) SCALE 660: 2012 (8) SLT 365.

40 126

State of Maharashtra v. Sangharaj Damodar Rupawate, (2010) 7 SCC 398: (2010) 6 SCALE 667: 2010 Cr LJ 4 290.

72

StateofMaharashtra v. Suresh Nivrutti Bhurare, (1997) 2 Crimes 257 (Bom)

State ofMaharashtra v. Tapas

109, 230, 546, 662

D. Neogy, 1999 (7) SCC 685: 1999 (5) SCALE 613:

1999 (7) JT 92: 1999 (8) Supreme 149

75

‘State ofMaharashtra v. Vinayak Tukaram Utekar, (1997) 2 Crimes 615 (Bom)

556

State ofMaharashtra v. Vithal Rao Pritirao Chauhan, AIR 1982 SC 1215: (1982) Cr LJ 1743: (1981) 4 SCC 129: (1981) SCC (Cr) 807: 1982 Cr LR (SC) 19

227

xxii

Table of Cases

State of Orissa v. Arjun Das, AIR 1999 SC 3229: 1999 (8) SCC 154: 1999 (6) JT 14: 1999 (4) Crimes 78 (SC): 1999 (7) Supreme 165

412,514

State of Punjab v. Balwinder Singh, AIR 2012 SC 861: (2012) 2 SCC 182: 2012 (1) JT 43: 2012 (1) SCALE 62: 2012 Cr LJ 1066. State of Punjab v. Daljit Singh, 1999 Cr LJ 2723 (P&H)

518

State of Punjab v. Fauja Singh, (1997) 3 Crimes 170 (P&H)

413

State of Punjab v. Ramdev Singh, AIR 2004 SC 1290 State of Rajasthan v. Balveer alias Balli, AIR 2014 SC 1117.

484 662

590

State of Rajasthan v. Darshan Singh, AIR 2012 SC 1973: 2012 (5) JT 229: 2012 (5)

SCALE 570: 2012 Cr LJ 2908: 2012 (4) SLT 179. State of Rajasthan v. Dhool Singh, AIR 2004 SC 1264 State of Rajasthan v. Fatehkaran Mehdu, AIR 2017 SC 796. State of Rajasthan v. Kamla, (1991) Cr LJ 602 (SC) State of Rajasthan v. Shanker, 2000 Cr LJ 266 (Raj)

660 513 238 510 550

State of Tamil Nadu through Superintendent of Police CBI/SIT v. Nalini, AIR 1999 (5) SC 2640

515

State of Uttar Pradesh v. Chandrika, AIR 2000 SC 164: 2000 Cr LJ 384 (SC) State of Uttar Pradesh v. Laeeg, AIR 1999 SC 1942: 1999 (5) SCC 588

200 429

State of Uttar Pradesh v. Naushad, AIR 2014 SC 384. State of Uttar Pradesh v. Suresh, AIR 1982 SC 1076: (1982) Cr LJ 850: (1981) 3 SCC 635: (1981) SCC (Cr) 774: (1981) Cr LR (SC) 409 State of West Bengal v. Kailash Chandra Pandey, AIR 2005 SC 119

424

234 233

State of West Bengal v. Laisal Haque, (1989) Cr LJ 865 (SC): AIR 1989 SC 129

234

State Represented by the Deputy Superintendent of Police Vigilance and Anti- Corruption, Tamil Nadu v. J. Doraiswamy etc., LNIND 2019 SC 237 State (Govt. of NCT of Delhi) v. Pankaj Chaudhary & ors., LNIND 2018 SC 565: AIR 2018 SC 5412 State through C.B.I. v. Amarmani Tripathi, AIR 2005 SC 3490

551 260

State v. Chhotey Lal, 1999 Cr LJ 3411 (Del) State v. K. Sridhar, 2000 Cr LJ 328 (Kant) State v. Lakshmisher Das, 1999 Cr LJ 2839 (Kant)

563 591 555

State v. Sanjeev Nanda, AIR 2012 SC 3104: (2012) 8 SCC 450: 2012 (7) JT 251: 2012 (7) SCALE 120: 2012 Cr LJ 4174.

516

State v. T.K. Sadashivaiah Din Kodimallappa, 1999 (1) CCR 152 (Kant)

412

157

Subash Babu v. State of Andhra Pradesh, AIR 2011 SC3031: (2011) 7

SCC 616: JT 2011 (8) SC 483: (2011) 7 SCALE 671: 2011 Cr L] 4373. Subhash Ramkumar Bina @ Vakil v. State of Maharashtra, AIR 2003 SC 269 Suchand Pal v. Phani Pal, AIR 2004 SC 973 Sukhar v. State of Uttar Pradesh, 2000 Cr LJ 29 (SC) Sulekh Chand v. Suresh Chand, (1991) Cr LJ 469 (SC) Suman v. State of Rajasthan, AIR 2010 SC 518.

592 515 626 626 265 192

Sunder Singh v. State of Uttaranchal, (2010) 10 SCC 611: JT 2010 (9)

SC 632: (2010) 9 SCALE 571. Sunderbhai Ambalal Desai v. State of Gujarat, AIR 2003 SC 638 Sunil Kumar Jha alias Bittu Jha v. State of Bihar, (1997) 2 Crimes 131 (Pat) Surapaneni Ram Prasad v. Govt. of Andhra Pradesh, 2000 Cr L] 354 (AP) Surat Lal v. State of Madhya Pradesh, AIR 1982 SC 1224: (1982) Cr L] 1577: (1982) 1 SCC 488: (1982) SCC (Cr) 260

627 265 157, 158 44

2M

Table of Cases

Surender Kumar v. State of Punjab, AIR 1999 SC 215: 1999 (1) Crimes 4296 Surendra v. State of Uttar Pradesh, AIR 2012 SC 1743: (2012) 4 SCC 776: 2012 (3)

SCALE 354: 2012 Cr LJ 2090. Suresh Sankharam Nangare v. State of Maharashtra, 2012 (9) JT 116: 2012 (9) SCALE 245: 2012 (7) SLT 722.

Suresh Singh v. State, AIR 1999 SC 1773: 1999 (2) Crimes 42 Surya Kanth v. Allamprabhu, 2000 Cr LJ 120 (Karn) Sushil Kumar v. State of Haryana, AIR 1988 SC 419: (1988) Cr LJ 427

Sushil Suri v. SCC 708: Sushil Suri v. SCC 708:

Central JT 2011 Central JT 2011

Bureau of Investigation, AIR 2011 SC 1713: (2011) 5 (5) SC 480: (2011) 5 SCALE 412. Bureau of Investigation, AIR 2011 SC 1713: (2011) 5 (5) SC 480: (2011) 5 SCALE 412: 2011 Cr LJ 2939.

xxiii

621, 655

450 412 389 94 137

439 581

Sushila Chand v. State Transport Authority, AIR 1999 Ori 1

657

Swati Ram v. State of Rajasthan, (1997) 2 Crimes 148 (Raj)

111

y T. Subramanian v. State of Tamil Nadu, (2006) 1 SCC 401

229

Tahir Mohamad v. State of Madhya Pradesh, AIR 1993 SC 931 Thakorilal D Vadgama v. State of Gujarat, AIR 1973 SC 2314: (1973) 2 SCC 413

615 538

Triveniben v. State of Gujarat, (1989) Cr LJ 870: AIR 1989 SC 142

Tukaram S. Dighole v. Manikrao Shivaji Kokali, AIR 2010 SC 965.

244

610B

U U. Dhar v. State of Jharkhand, AIR 2003 SC 974 Umakant Panday v. A.C. J.M., (1997) 2 Crimes 27 (All)

559 145

Umar Abdul Sakoor Sorathia v. Intelligence Officer M.C. Bureau, 1999 Cr LJ 3972 (SC) Union of India v. Rabinder Singh, JT 2011 (11) SC 339: (2011) 11 SCALE 231. Uttam Chand Kothari v. Gauri Shankar Jalan, AIR 2007 Gau 20

Vv V. Sriharan alias Murugan v. Union of India, AIR 2014 SC 1368.

610 409 635

215, 514

Vadde Rama Rao v. State of Andhra Pradesh, 1990 Cr LJ 1666 Vahula Bhushan alias Vehuna Krishna v. State of Tamil Nadu, 1989 Cr LJ 799: AIR 1989 SC 236

518

611

Vajresh Venkatray Anvekar v. State of Karnataka, AIR 2013 SC 329.

521

Valasamma Mst. v. State of Rajasthan, (1997) 2 Crimes 651 (Raj) Vallabhaneni Yedukondalu v. Vallabhaneni Nagewanapara, 2000 Cr LJ 333 (AP)

115 93

Vasant alias Roshan Sogaji Bhosale v. State of Maharashtra, (1997) 2 Crimes 104 (Bom) Vasant Virthu Jadhav v. State of Maharashtra, (1997) 2 Crimes 539 (Bom) Veena v. State Government of NCT Delhi, AIR 2011 SC 3469: 2011 (3) SLT 747.

Veera Ibrahim v. State of Maharashtra, AIR 1976 SC 1167 Venkappa Gurappa Hosur v. Kasawwa, (1997) 4 Supreme 217 Venkatesan v. State of Tamil Nadu, (1997) 3 Crimes 146 (Mad)

657 522 594 622 270 512

Vijayabai v. Shriram Tukaram, AIR 1999 SC 431

657

Vijayan v. State of Kerala, 1999 (3) SCC 54: AIR 1999 SC 1086 Vinubhai Ranchhodbhai Patel v. Rajivbhai Dudabhai Patel, AIR 2018 SC 2472. Virsa Singh v. State of Punjab, AIR 1958 SC 465

440 449 511

Visakha Agro Chemicals (P) Ltd. v. Fertiliser Inspector-cum-Assistant Director of Agriculture (Regular), (1997) 2 Crimes 648 (AP)

180

Vishram v. State of Madhya Pradesh, AIR 1993 SC 258

626

7

il

7

XxiV

Table of Cases

Ww W. Kalyani v. State, (2011) 13 SCALE 154: 2011 (8) SLT 711.

593

Waikhom Yaima Singh v. State of Manipur, JT 2011 (6) SC 355: (2011) 4

SCALE 718: 2011 Cr LJ 2673.

626

Wakil Singh v. State of Bihar, 1981 BL] 462

555, 615

Wakkar v. State of Uttar Pradesh, (2011) 3 SCC 306: JT 2011 (2) SC502: (2011) 2 SCALE 198: 2011 Cr LJ 1639. 610B, 614 Waman v. State of Maharashtra, AIR 2011 SC 3327: (2011) 7 SCC 295: JT 2011 (7) SC 24: (2011) 6 SCALE 594: 2011 Cr L] 4827. 449

x “X” v. Hospital “Z”, ATR 2003 SC 664

495

Y Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav, (1988) Cr L] 793: AIR 1988 SC 644 Yashoda v. State of Madhya Pradesh, (2004) 3 SCC 98 Yogesh v. State of Maharashtra, (2008) 10 SCC 394

Yunis alias Kariya v. State of Madhya Pradesh, AIR 2003 SC 539

94 519 157

449, 450, 615

Part I The Code of Criminal Procedure, 1973

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THE CODE

OF CRIMINAL

PROCEDURE,

1973

CONTENTS Page

CHAPTER

1

PRELIMINARY

Introduction

A

;

re

4)

1. Short title, extent and commencement

‘

:

Fe

25)

2. Definitions

:

;

Beate’)

Sections

3. Construction of references

Pui

4. Trial of offences under the Indian Penal Code and other laws

;

:

.

30

5. Saving

30

CHAPTER

II

CONSTITUTION OF CRIMINAL AND OFFICES

COURTS

6. Classes of Criminal Courts

:

:

ee)

7. Territorial divisions

:

:

tee

8. Metropolitan areas

;

:

el

9. Court of Session

:

;

a

10. Subordination of Assistant Sessions Judges

3

:

ee

11. Courts of Judicial Magistrates

:

:

0

Oe

aod:

12. Chief Judicial Magistrate and Additional Chief Judicial

Magistrate, etc.

35

13. Special Judicial Magistrates 14. Local Jurisdiction of Judicial Magistrates

36 ‘

:

0

36

15. Subordination of Judicial Magistrates

37

16. Courts of Metropolitan Magistrates

38

17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate 18. Special Metropolitan Magistrates

38 38

19. Subordination of Metropolitan Magistrates

39

20. Executive Magistrates

39

21. Special Executive Magistrates

40

22. Local Jurisdiction of Executive Magistrates

40

23. Subordination of Executive Magistrates

40

24. Public Prosecutors 25. Assistant Public Prosecutors

41 A

25A. Directorate of Prosecution

:

.

45

The Code of Criminal Procedure, 1973

2

Page

Sections CHAPTER III POWER OF COURTS 26. Courts by which offences are triable 27. Jurisdiction in the case of juveniles 28. Sentences which High Courts and Sessions Judges may pass 29. Sentences which Magistrates may pass

30. Sentence of imprisonment in default of fine 31. Sentence in cases of conviction of several offences at one trial 32. Mode of conferring powers 33. Powers of officers appointed 34. Withdrawal of powers 35. Powers of Judges and Magistrates exercisable by their successors-in-office CHAPTER IV A.—POWERS OF SUPERIOR OFFICERS OF POLICE 36. Powers of superior officers of police B.—AID TO THE MAGISTRATES AND THE POLICE 37. Public when to assist Magistrates and police 38. Aid to person, other than police officer, executing warrant 39. Public to give information of certain offences 40. Duty of officers employed in connection with the affairs of a village to make certain report

CHAPTER

V

ARREST OF PERSONS 41. When police may arrest without warrant 41A. Notice of appearance before police officer

Procedure of arrest and duties of officer making arrest Control room at districts 41D. Right of arrested person to meet an advocate of his choice during interrogation 42. Arrest on refusal to give name and residence 43. Arrest by private person and procedure on such arrest 41B. 41C.

44. Arrest by Magistrate

45. Protection of members of the Armed Forces from arrest 46. Arrest how made 47. Search of place entered by person sought to be arrested 48. Pursuit of offenders into other jurisdictions 49. No unnecessary restraint 50. Person arrested to be informed of grounds of arrest and of right to bail

50A. Obligation of person making arrest to inform about the arrest, d person etc., to a nominate rch arrested persons 51. Seaof

Contents Sections

52

Power to seize offensive weapons

53.

Examination of accused by medical practitioner at the request of police officer . Examination of person accused of rape by medical practitioner . Examination of arrested person by medical officer

. Identification of person arrested . Procedure when police officer deputes subordinate to arrest without warrant

.- Health and safety of arrested person . Person arrested to be taken before Magistrate or officer in charge of police station . Person arrested not to be detained more than twenty-four hours . Police to report apprehensions

Discharge of person apprehended Powers, on escape, to pursue and re-take

. Arrest to be made strictly according to the Code CHAPTER PROCESSES

VI

TO COMPEL

APPEARANCE

A.—Summons

Form of summons Summons how served

Service of summons on corporate bodies and societies Service when persons summoned cannot be found Procedure when service cannot be effected as before provided Service on Government servant Service of summons outside local limits

Proof of service in such cases and when serving officer not present

Service of summons on witness SEGRKARSRS

by post

B.— Warrant of arrest Form or warrant of arrest and duration Power to direct security to be taken

Warrants to whom directed Warrant may be directed to any person Warrant directed to police officer Notification of substance of warrant Person arrested to be brought before Court without delay Where warrant may be executed.

Warrant forwarded for execution outside jurisdiction. Warrant directed to police officer for execution outside jurisdiction Procedure of arrest of person against whom warrant issued SS2zaeaNeaAsaNA8 Procedure by Magistrate before whom such person arrested is brought

SRRR

z

The Code of Criminal Procedure,

1973

Page

Sections C.—Proclamation and attachment

Proclamation for person absconding Attachment of property of person absconding Claims and objections to attachment

Release, sale and restoration of attached property

&

Appeal from order rejecting application for restoration of attached property

69

D.—Other rules regarding processes Issue of warrant in lieu of, or in addition to, summons

. Power to take bond for appearance Arrest on breach of bond for appearance

69

. Provisions of this Chapter generally applicable to summons 70

and warrants of arrest

CHAPTER PROCESSES

TO COMPEL

VII

THE PRODUCTION

OF THINGS

A.— Summons to produce

oAbe Summons to produce document or other thing 92. Procedure as to letters and telegrams

B.—Search-warrants . When search-warrant may be issued

Search of place suspected to contain stolen property, forged documents, etc. . Power to declare certain publications forfeited and to issue search-warrants for the same

Application to High Court to set aside declaration of forfeiture Search for persons wrongfully confined Power to compel restoration of abducted females C.—General provisions relating to searches Direction, etc., of search-warrants

Persons in charge of closed place to allow search . Disposal of things found in search beyond jurisdiction

D.—Miscellaneous Power of police officer to seize certain property Magistrate may direct search in his presence Power to impound document, etc., produced Reciprocal arrangements regarding processes CHAPTER

VIIA

RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY . Definitions

105B.

Assistance in securing transfer of persons

Y4

Contents Sections 105C.

Assistance in relation to orders of attachment or

forfeiture of property

. Identifying unlawfully acquired property

Seizure of attachment of property

Management of properties seized or forfeited under this Chapter . Notice of forfeiture of property . Forfeiture of property in certain cases

. Fine in lieu of forfeiture Certain transfers to be null and void

. Procedure in respect of letter of request

SSSSB

. Application of this Chapter CHAPTER SECURITY

VIII

FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

. Security for keeping the peace on conviction . Security for keeping the peace in other cases

. Security for good behaviour from persons disseminating seditious matters

. Security for good behaviour from suspected persons

. Security for good behaviour from habitual offenders . Order to be made

Procedure in respect of person present in Court .

Summons or warrant in case of person not so present

Copy of order to accompany summons or warrant . Power to dispense with personal attendance . Inquiry as to truth of information . Order to give security

. Discharge of person informed against . Commencement of period for which security is required

. Contents of bond . Power to reject sureties

Imprisonment in default of security . Power to release persons imprisoned for failing to give security Security for unexpired period of bond

BGRF

CHAPTER IX ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS . Order for maintenance of wives, children and parents Procedure

127. Alteration in allowance 128. Enforcement of order of maintenance

REES

The Code of Criminal Procedure,

1973

Page

Sections CHAPTER

X

MAINTENANCE OF PUBLIC ORDER TRANQUILLITY

AND

A.—Unlawful assemblies

129. Dispersal of assembly by use of civil force 130. Use of armed forces to disperse assembly 131.

Power of certain armed force officers to disperse assembly

132.

Protection against prosecution for acts done under preceding sections . B.—Public nuisances

133.

Conditional order for removal of nuisance

134.

Service or notification of order

135.

Person to whom order is addressed to obey or show cause

136.

Consequences of his failing to do so

i375

Procedure where existence of public right is denied

138.

Procedure where he appears to show cause

139.

Power of Magistrate to direct local investigation and examination of an expert

140.

Power of Magistrate to furnish written instructions, etc.

141.

Procedure on order being made absolute and consequences of disobedience

142.

Injunction pending inquiry

143.

Magistrate may prohibit repetition or continuance of public nuisance C.—tuUrgent cases of nuisance or apprehended danger

144.

144A.

Power to issue order in urgent cases of nuisance or apprehended danger Power to prohibit carrying arms in procession or mass drill or mass training with arms D.—Disputes as to immovable property

145.

Procedure where dispute concerning land or water is likely to cause breach of peace Power to attach subject of dispute and to appoint receiver

147. Dispute concerning right of use of land or water

Local inquiry

CHAPTER

XI

PREVENTIVE ACTION OF THE POLICE . Police to prevent cognizable offences Information of design to commit cognizable offences . Arrest to prevent the commission of cognizable offences . Prevention of injury to public property

Inspection of weights and measures

Contents Sections

CHAPTER

XII

INFORMATION TO THE POLICE AND POWERS TO INVESTIGATE Information in cognizable cases

THEIR

Information as to non-cognizable cases and investigation of such cases

108

110

Police officer's power to investigate cognizable case Procedure for investigation

110

Report how submitted

111

111

. Power to hold investigation or preliminary inquiry Police officer's power to require attendance of witnesses . Examination of witnesses by police

112

- Statements to police not to be signed—Use of statements in evidence .

113

No inducement

to be offered

112 112

113

. Recording of confessions and statements

114

- Medical examination of the victim of rape

115

. Search by police officer

116

. When officer in charge of police station may require another to issue search-warrant

117

. Letter of request to competent authority for investigation in a country or place outside India

117

. Letter of request from a country or place outside India to a Court or an authority for investigation in India - Procedure when investigation cannot be completed in twenty-four hours

118

. Report of investigation by subordinate police officer

126

. Release of accused when evidence deficient

126

. Cases to be sent to Magistrate when evidence is sufficient

126

- Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint

127

Diary of proceeding in investigation

117

127

. Report of police officer on completion of investigation

127

. Police to enquire and report on suicide, etc.

129

. Power to summon persons

130

. Inquiry by Magistrate into cause of death

130

CHAPTER JURISDICTION

XIII

OF THE CRIMINAL

COURTS

IN INQUIRIES AND TRIALS Ordinary place of inquiry and trial 178. Place of inquiry or trial 179. Offence triable where act is done consequence ensues

Place of trial where act is offence by reason of relation to other offence.

131 131 131

132

8

The Code of Criminal Procedure,

1973

Sections 181.

Place of trial in case of certain offences

182.

Offences committed by letters, etc.

183.

Offence committed on journey or voyage

184.

Place of trial for offences triable together

185.

Power to order cases to be tried in different sessions divisions

186.

High Court to decide, in case of doubt, district where inquiry or trial shall take place

187.

Power to issue summons

or warrant for offence committed

beyond local jurisdiction 188.

Offence committed outside India

189.

Receipt of evidence relating to offences committed outside India CHAPTER CONDITIONS

XIV

REQUISITE FOR INITIATION PROCEEDINGS

OF

190.

Cognizance of offences by Magistrates

134

191.

Transfer on application of the accused

135

192,

Making over of cases to Magistrates

135

Cognizance of offences by Courts of Session 194. Additional and Assistant Sessions Judges to try cases made over to them 193.

195; Prosecution for contempt of lawful authority of public servants for offences against public justice and for offences relating to documents given in evidence 195A. 196. 197. 198. 198A.

198B. 199.

135

136

136

Procedure for witnesses in case of threatening, etc.

137

Prosecution for offences against the State and for criminal conspiracy to commit such offence

137

Prosecution of Judges and public servants

138

Prosecution for offences against marriage

140

Prosecution of offences under section 498A of the Indian Penal Code

142

Cognizance of offence

142

Prosecution for defamation

142

CHAPTER XV COMPLAINTS TO MAGISTRATES 200. Examination of complainant

143

201.

Procedure by Magistrate not competent to take cognizance of the case

143

202.

Postponement of issue of process

143

203.

Dismissal of complaint

144

CHAPTER

XVI

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES 204. Issue of process 205. Magistrate may dispense with personal attendance of accused

144 145

Contents Sections 206. 207

208. 209 210.

Special summons in cases of petty offence Supply to the accused of copy of police report and other documents Supply of copies of statements and documents to accused in other cases triable by Court of Session Commitment of case to Court of Session when offence is triable exclusively by it

147

Procedure to be followed when there is a complaint case and police investigation in respect of the same offence

148

CHAPTER

XVII

THE CHARGE A.—Form of charges 211

Contents of charge

148

212.

Particulars as to time, place and person

149

213.

When manner of committing offence must be stated

149

214.

Words in charge taken in sense of law under which offence is punishable

150

215.

Effect of errors

150

216.

Court may alter charge

151

217.

Recall of witnesses when charge altered B.—Joinder of charges

151

218.

Separate charges for distinct offences

151

219.

Three offences of same kind within year may be charged together

152 152

. Trial for more than one offence

Where it is doubtful what offence has been committed When offence proved included in offence charged

154

What persons may be charged jointly

155

of remaining charges on conviction on one of several charges

156

Withdrawal PERES

CHAPTER XVIII TRIAL BEFORE A COURT OF SESSION Trial to be conducted by Public Prosecutor Opening case for prosecution

154

156 157

Discharge

157

Framing of charge

157

Conviction on plea of guilty

158

Date for prosecution evidence

158

Evidence for prosecution

158

Acquittal Entering upon defence

158

Arguments

159

Judgment of acquittal or conviction

159

Previous conviction

159

Procedure in cases instituted under section SREREBRSBERRER

159

199(2)

159

10

The Code of Criminal Procedure, 1973

Sections

Page CHAPTER

XIX

TRIAL OF WARRANT-CASES

BY MAGISTRATES

A.—Cases instituted on a police report 238.

Compliance with section 207

239.

When accused shall be discharged

240.

Framing of charge

241.

Conviction on plea of guilty

242.

Evidence for prosecution

243.

Evidence for defence B.—Cases instituted otherwise than on police report

244.

Evidence for prosecution

245.

When accused shall be discharged

246.

Procedure where accused is not discharged

247.

Evidence for defence

248.

Acquittal or conviction

C.—Conclusion of trial

249. Absence of complainant 250. Compensation for accusation without reasonable cause CHAPTER XX TRIAL OF SUMMONS-CASES BY MAGISTRATES 251. Substance of accusation to be stated 252. Conviction on plea of guilty

165

253. Conviction on plea of guilty in absence of accused in petty cases 254. Procedure when not convicted

165

255.

Acquittal or conviction

165

256.

Non-appearance or death of complainant

166

165

257. Withdrawal of complaint

166

258.

166

259.

Power to stop proceedings in certain cases Power of court to convert summons-cases into warrant-cases

CHAPTER SUMMARY

166

XXI TRIALS

260. Power to try summarily 261. Summary trial by Magistrate of the second class. 262. Procedure for summary trials

263. Record in summary trials

166 167 167 167

264.

Judgment in cases tried summarily

265.

168

Language of record and judgment

168

CHAPTER

265A. 265B.

XXIA

PLEA BARGAINING Application of the Chapter Application for plea bargaining

168 169

11

Contents

Page

Sections

265C

Guidelines for mutually satisfactory dispositior

170

265D

Report of the mutually satisfactory disposition to be submitted before the Court

171

265E

Disposal of the case

171

265F

Judgment of the Court

171

265G

Finality of the judgment

171

265H

Power of the Court in plea bargaining

171

265-I.

Period of detention undergone by the accused to be set off against the sentence of imprisonment

172

Savings

172

265K

Statements of accused not to be used

172

265L.

Non-application of the Chapter

172

265]

CHAPTER

XXII

ATTENDANCE OF PERSONS CONFINED DETAINED IN PRISONS

OR

266.

Definitions

172

267.

Power to require attendance of prisoners

172

268.

Power of State Government to exclude certain persons from operation of section 267

173

Officer in charge of prison to abstain from carrying out order in certain contingencies

173

270.

Prisoner to be brought to court in custody

174

271.

Power to issue commission for examination of witness in prison

174

269

CHAPTER XXIll EVIDENCE IN INQUIRIES AND TRIALS A —Mode of taking and recording evidence Language of Courts

174

Evidence to be taken in presence of accused

174

Record in summons-cases and inquiries

175

Record in warrant-cases

175

Record in trial before Court of Session

175

Language of record of evidence

175

Procedure in regard to such evidence when completed

176

Interpretation of evidence to accused or his pleader Remarks respecting demeanour of witness

176

Record of examination of accused

177

Interpreter to bebound tointerpret truthfully =,

177

Record in High Court B.—Commissions for the examination of witnesses

177

When attendance of witness may be dispensed with and commission issued Commission to whom to be issued

BREEBSYSSYyy BE

176

177 178

12

The Code of Criminal Procedure,

1973

Sections 286.

Execution of commissions

. Parties may examine witnesses

. Return of commission . Adjournment of proceeding . Execution of foreign commissions . Deposition of medical witness . Identification report of Magistrate

. Evidence of officers of the Mint . Reports of certain Government scientific experts

. No formal proof of certain documents . Affidavit in proof of conduct of public servants . Evidence of formal character on affidavit . Authorities before whom affidavits may be sworn . Previous conviction or acquittal how proved

. Record of evidence in absence of accused CHAPTER GENERAL

XXIV

PROVISIONS AS TO INQUIRIES AND TRIALS

. Person once convicted or acquitted not to be tried for same offence . Appearance by Public Prosecutors

184

. Permission to conduct prosecution

184

182

- Right of person against whom proceedings are instituted to be defended

. Legal aid to accused at State expense in certain cases - Procedure when corporation or registered society is an accused . Tender of pardon to accomplice

184 184 185 185

- Power to direct tender of pardon . Trial of person not complying with conditions of pardon . Power to postpone or adjourn proceedings

187

. Local inspection

188

- Power to summon material witness, or examine person present Power of Magistrate to order person to give specimen signatures or handwriting - Expenses of complainants and witnesses

. Power to examine the accused . Oral arguments and memorandum of arguments . Accused person to be competent witness - No influence to be used to induce disclosure

. Provision for inquiries and trial being held in the absence of accused in certain cases

5 Procedure where accused does not understand proceedings . Power to proceed against other persons appearing to be guilty of offence.

186 187 189

189 189 189 190 190 191 191 191

191

§

Contents Sections 320.

Compounding of offences

321

Withdrawal from prosecution

322.

Procedure in cases which Magistrate cannot dispose of

Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed. 324 Trial of persons previously convicted of offences against coinage, stamp law or property . Procedure when Magistrate can not pass sentence sufficiently severe 323.

.

. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

202

. Court to be open

203 CHAPTER

PROVISIONS

XXV

AS TO ACCUSED PERSONS UNSOUND MIND

OF

. Procedure in case of accused being lunatic _ Procedure in case of person of unsound mind tried before Court

204

. Release of person of unsound mind pending investigation or trial

206

. Resumption of inquiry or trial

207

. Procedure on accused appearing before Magistrate or Court _ When accused appears to have been of sound mind Judgment of acquittal on ground of unsoundness of mind

207

. Person aquitted on such ground to be detained in safe custody Power of State Government to empower officer in charge to discharge _ Procedure where lunatic prisoner is reported capable of making his defence Procedure where lunatic detained is declared fit to be released Delivery of lunatic to care of relative or friend

207

CHAPTER

205

207 207 208 208 208 208

XXVI

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

Procedure in cases mentioned in section 195

209

Appeal

210

Power to order Court

210

Procedure of Magistrate taking cognizance Summary procedure for trial for giving false evidence Procedure in certain cases of contempt

210

Procedure where Court considers that case should not be

dealt with under section 345

When Registrar or Sub-Registrar to be deemed a Civil Court Discharge of offender on submission of apology t or committal of person refusing to answer or produce document Summary procedure for punishment for non-attendance by a witness in obedience to summons

FREESEE SSS SB

211 211

211 212 212 212

212

14

The Code of Criminal Procedure,

1973

Sections 351.

Appeals from convictions under sections 344, 345, 349 and 350

352.

Certain Judges and Magistrates not to try certain offences when committed before themselves CHAPTER

XXVII

THE JUDGMENT 303:

Judgment

354.

Language and contents of judgment

355.

Metropolitan Magistrate’s judgment

Order for notifying address of previously convicted offender S57. Order to pay compensation 356.

357A.

Victim compensation scheme

357B.

Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code

3576.

Treatment of victims

358.

Compensation to persons groundlessly arrested

B59:

Order to pay costs in non-cognizable cases

360. 361.

Order to release on probation of good conduct or after admonition Special reasons to be recorded in certain cases

362.

Court not to alter judgment

363. Copy of judgment to be given to the accused and other persons 364. Judgment when to be translated 365.

Court of Session to send copy of finding and sentence to District Magistrate

CHAPTER XXVIII SUBMISSION OF DEATH SENTENCES CONFIRMATION

FOR

Sentence of death to be submitted by Court of Session for confirmation

8

. Power to direct further inquiry to be made or additional evidence to be taken Power of High Court to confirm sentence or annul conviction - Confirmation or new sentence to be signed by two Judges . Procedure in case of difference of opinion

BER EE

- Procedure in cases submitted to High Court for confirmation CHAPTER

XXIX

APPEALS - No appeal to lie unless otherwise provided ; Appeal from orders requiring security orrefusal toaccept or rejecting surety for keeping peace or good behaviour . Appeals from convictions

No appeal incertain cases when accused pleads guilty . No appeal in petty cases .

SRR FE

15

Contents

Page

Sections

. Appeal by the State Government against sentence

227

. Appeal in case of acquittal

228

. Appeal against conviction by High Court in certain cases

230

. Special right of appeal in certain cases

230

. Appeal to Court of Session how heard

230

. Petition of appeal.

230

. Procedure when appellant in jail

231

. Summary dismissal of appeal

231

. Procedure for hearing appeals not dismissed summarily

232

Powers of the Appellate Court

233

. Judgments of subordinate Appellate Court

234

. Order of High Court on appeal to be certified to lower Court

234

. Suspension of sentence pending the appeal; release of appellant on bail

234

. Arrest of accused in appeal from acquittal

235

. Appellate Court may take further evidence or direct it to be taken

235

. Procedure where Judges of Court of Appeal are equally divided

236

. Finality of Judgments and orders on appeal

236

. Abatement of appeals

236 CHAPTER REFERENCE

AND

XXX REVISION

. Reference to High Court

237

. Disposal of case according to decision of High Court

237

. Calling for records to exercise powers of revision

237

. Power to order inquiry

238

Sessions Judge’s powers of revision

238

. Power of Additional Sessions Judge

239

High Court’s powers of revision

239

Power of High Court to withdraw or transfer revision cases

239

Option of Court to hear parties Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court High Court's order to be certified to lower Court

240

CHAPTER XXXI TRANSFER OF CRIMINAL CASES Power of Supreme Court to transfer cases and appeals . Power of High Court to transfer cases and appeals Power of Sessions Judge to transfer cases and appeals Withdrawal of cases and appeals by Sessions Judges

_ Withdrawal of cases byJudicial Magistrates

240 240

The Code of Criminal Procedure,

16

1973

Sections 411.

Making over or withdrawal of cases by Executive Magistrates

412.

Reasons to be recorded

CHAPTER

XXXII

EXECUTION, SUSPENSION, REMISSION COMMUTATION OF SENTENCES

AND

A.—Death sentences 413.

Execution of order passed under section 368

243

414.

Execution of sentence of death passed by High Court

244

415.

Postponement of execution of sentence of death in case of appeal to Supreme Court

244

Postponement of capital sentence on pregnant woman

244

416.

B.—Imprisonment 417.

244

Power to appoint place of imprisonment

418. Execution of sentence of imprisonment

245

419.

Direction of warrant for execution

245

. Warrant with whom to be lodged

245

C.—Levy offine

. Warrant for levy of fine

245

. Effect of such warrant

246

. Warrant for levy of fine issued by a Court in any territory 246

to which this Code does not extend

. Suspension of execution of sentence of imprisonment

246

D.—General provisions regarding execution . Who may issue warrant

247

. Sentence on escaped convict when to take effect

247

. Sentence on offender already sentenced for another offence

247

. Period of detention undergone by the accused to be set off against the sentence of imprisonment

248

Saving

248

Return of warrant on execution of sentence

248

. Money ordered to be paid recoverable as a fine

248

E— Suspension, remission and commutation of sentences . Power to suspend or remit sentences

249

. Power to commute sentence 433A.

Restriction on powers of remission or commutation in certain cases Concurrent power of Central Government in case of death sentences . . State Government to act after consultation with Central Government in certain cases

CHAPTER PROVISIONS

Bee 251

XXXIill

AS TO BAIL AND

BONDS

In what cases bail to be taken

. Maximum period for which an undertrial prisoner can be detained

BG

Contents

17

Sections 437.

437A.

Page When bail may be taken in case of non-bailable offence

Bail to require accused to appear before next appellate Court

:

;

eae

P

YES.

-

“e258

438.

Direction for grant of bail to person apprehending arrest

439.

Special powers of High Court or Court of Session regarding bail

-

-

.

440.

Amount of bond and reduction thereof

:

:

eo

441.

Bond of accused and sureties

‘

-

.

Declaration by sureties

2

:

Ay!

442.

Discharge from custody

;

:

.

443.

Power to order sufficient bail when that first taken is insufficient

:

ZoL

444.

Discharge of sureties

-

3

EZoL

445.

Deposit instead of recognizance

:

:

5

AGA

446.

Procedure when bond has been forfeited

:

-

2)

262

Cancellation of bond and bailbond

:

:

oh

441A.

446A.

260 261 261

447.

Procedure in case of insolvency or death of surety or when a bond is forfeited

:

:

263

448.

Bond required from minor

:

:

.

264

449.

Appeal from orders under section 446

é

:

.

264

450.

Power to direct levy of amount due on certain recognizances

.

:

oe

204

:

:

.

264

452. Order for disposal of property at conclusion of trial

é

;

eae)

453. Payment to innocent purchaser of money found on accused

‘

:

»!

265

;

.

266

CHAPTER XXXIV DISPOSAL OF PROPERTY 451. Order for custody and disposal of property pending trial in certain cases

454.

Appeal against orders under section 452 or section 453

455. 456. 457. 458. 459.

Destruction of libellous and other matter Power to restore possession of immovable property Procedure by police upon seizure of property Procedure when no claimant appears within six months Power to sell perishable property

: ; ‘ , ;

: : ‘ . ;

. . . » .

266 266 266 267 267

460. 461. 462. 463. 464.

CHAPTER XXXV IRREGULAR PROCEEDINGS Irregularities which do not vitiate proceedings Irregularities which vitiate proceedings Proceedings in wrong place Non-compliance with provisions of section 164 or section 281 Effect of omission of frame, or absence of, or error in, charge

; ; ; ‘ ,

, ; ‘ : ‘

. . . . .

267 268 268 268 269

’ :

, >

. .

269 269

465. Finding or sentence when reversible by reason of error, omission or irregularity 466. Defect or error not to make attachment unlawful

18

The Code of Criminal Procedure,

1973

Sections CHAPTER

LIMITATION

XXXVI

FOR TAKING COGNIZANCE CERTAIN OFFENCES

467.

Definitions

468.

Bar to taking cognizance after lapse of the period of limitation Commencement of the period of limitation

469.

470. 471. 472. 473.

Exclusion of time in certain cases Exclusion of date on which Court is closed Continuing offence

Extension of period of limitation in certain cases

CHAPTER 474.

475. 476.

OF

XXXVII

MISCELLANEOUS Trials before High Courts Delivery to Commanding Officers of persons liable to be tried by Court-martial Forms

477. Power of High Court to make rules 478. Power to alter functions allocated to Executive Magistrates in certain cases 479. Cases in which Judge or Magistrate is personally interested 480. Practising pleader not to sit as Magistrate in certain Courts 481. Public servant concerned in sale not to purchase or bid for property 482. Saving of inherent power of High Court

483.

Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates 484. Repeal and savings THE FIRST SCHEDULE—I. Classification of offences

:

II. Classification of offences against other laws THE SECOND

SCHEDULE

FORM NO. 1.— FORM NO. 2.—

Summons to an accused person Warrant of arrest

FORM NO. 3.—

FORM NO. 4.—

Bond and bail-bond after arrest under a warrant Proclamation requiring the appearance of a person accused

FORM NO. 5.—

Proclamation requiring the attendance of a witness.

FORM NO. 6.—

Order of attachment to compel the attendance of a witness

FORM NO. 7.—

Order of attachment to compel the appearance of a person accused

FORM NO. 8.— Order authorising anattachment by the District Magistrate or Collector

FORM NO. 9.— Warrant in thefirst instance tobring upa witness

P

Contents

19

Page

Forms

FORM NO. 10.— Warrant to search after information of a particular offence

356

FORM NO. 11.— Warrant to search suspected place of deposit

356

FORM NO. 12.— Bond to keep the peace

356

FORM NO. 13.— Bond for good behaviour

357

FORM NO. 14.— Summons on information of a probable breach of the peace

357

FORM NO. 15.— Warrant of commitment on failure to find security to keep the peace

358

FORM NO. 16.— Warrant of commitment on failure to find security for good behaviour

358

FORM NO. 17.— Warrant to discharge a person imprisoned on failure to give security

359

FORM NO. 18.— Warrant of imprisonment on failure to pay maintenance

Soo

FORM NO. 19.— Warrant to enforce the payment of maintenance by Attachment and Sale

360

FORM NO. 20.— Order for the removal of nuisances

360

FORM NO. 21.— Magistrate’s notice and peremptory order

361

FORM NO. 22.— Injunction to provide against imminent danger pending inquiry FORM NO. 23.— Magistrate's order prohibiting the repetition, etc., of a nuisance FORM NO. 24.— Magistrate’s order to prevent obstruction, Riot, etc.

FORM NO. 25.— Magistrate’s order declaring party entitled to retain possession of land, etc., in dispute

FORM NO. 26.— Warrant of attachment in the case of a dispute as to the possession of land, etc FORM NO. 27.— Magistrate’s order prohibiting the doing of anything on land or water FORM NO. 28.— Bond and bail-bond on a preliminary inquiry before a Police Officer

FORM NO. 29.— Bond to prosecute or give evidence FORM NO. 30.— Special summons to a person accused of a petty offence FORM NO. 31.— Notice of commitment by Magistrate to Public Prosecutor

FORM NO. 32.— Charges I. Charges with one-head II. Charges with two or more heads

Ill. Charges for theft after previous conviction FORM NO. 33.— Summons to witness FORM NO. 34.— Warrant of commitment on 4 sentence of

imprisonment or fine if passed by a Court FORM NO. 35.— Warrant of imprisonment on failure to pay compensation

361 362 362

362

363

20

The Code of Criminal Procedure,

1973

Forms

Page FORM NO. 36.— Order requiring production in Court of person in Prison for answering to charge of offence FORM NO. 37.— Order requiring production in Court of person in prison for giving evidence FORM NO. 38.— Warrant of commitment in certain cases of contempt when a fine is imposed FORM NO. 39.— Magistrate’s or Judge’s warrant of commitment of Witness refusing to answer or to produce document FORM NO. 40.— Warrant of commitment under sentence of death FORM NO. 41.— Warrant after a commutation of a sentence FORM NO. 42.— Warrant of execution of a sentence of death FORM NO. 43.— Warrant to levy a fine by attachment and Sale

FORM NO. 44.— Warrant for recovery of fine FORM NO. 44A.—Bond for appearance of offender released pending realisation of fine FORM NO. 45.— Bond and bail-bond for attendance before officer in charge of police station or Court FORM NO. 46.— Warrant to discharge a person imprisoned on failure to give security FORM NO. 47.— Warrant of attachment to enforce a bond FORM NO. 48.— Notice to surety in breach of a bond FORM NO. 49.— Notice to surety of forfeiture of bond for good behaviour FORM NO. 50.— Warrant of attachment against a surety FORM NO. 51.— Warrant of commitment of the surety of an accused person admitted to bail FORM NO. 52.— Notice to the principal of forfeiture of bond to keep the peace FORM NO. 53.— Warrant to attach the property of the principal on breach of a bond to keep the peace FORM NO. 54.— Warrant of imprisonment on breach of a bond to keep the peace FORM NO. 55.— Warrant of attachment and sale on forfeiture of bond for good behaviour FORM NO. 56.— Warrant of imprisonment on forfei ture of bond for good behaviour

369 370 370

370 371 371 372 372 373 373 374

374 374 375 375 376

376 376 377 377 378

378

THE

CODE

OF CRIMINAL

PROCEDURE,

1973

INTRODUCTION

There was no uniform law of criminal procedure for the whole of India. For the guidance of the Courts there were separate Acts which were applicable in erstwhile provinces and the presidency towns. The Acts which were applicable in the presidency towns were first consolidated by the Criminal Procedure Supreme Court Act (16 of 1852). The Acts which were applicable in the provinces were consolidated by the Criminal Procedure Code (25 of 1861). Criminal Procedure Supreme Courts Act was replaced by the High Court Criminal

Procedure

Act (12 of 1865) and the Criminal

Procedure

Code

was

replaced by Act 10 of 1872. A uniform law of procedure for the whole of India was consolidated by the Code of Criminal Procedure of 1882 (10 of 1882). It was replaced by the Code of Criminal Procedure, 1898 (5 of 1898). This Code of 1898 had been amended by various amending Acts. In 1955 extensive amendments were made to simplify procedure and to speed up trials. The State Governments too made a large number of amendments to the Code of 1898. To make the criminal procedure more comprehensive the Law Commission was asked to undertake a detailed examination of the Code of Criminal Procedure, 1898. The Commission submitted its report on 19th February, 1968. In the meanwhile Law Commission was reconstituted and the reconstituted commission made a detailed study of the Code of 1898 and submitted its report in September, 1969.

Thereafter a draft Bill (41 of 1970) was introduced in the Rajya Sabha on 10th December, 1970. The Bill was referred to a Joint Select Committee of both the

Houses of Parliament. Incorporating the recommendations of the Joint Select

Committee the Code of Criminal Procedure Bill was taken up for consideration by the Parliament. STATEMENT

OF OBJECTS

AND

REASONS

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)

it was on the Reform of Judicial Administration, both civil and criminal in 1958;

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 21

22

The Code of Criminal Procedure,

1973

criminal procedure, some of which required amendments to the Code. A systemati examination of the Code was subsequently undertaken by the Law Commissiot not only for giving concrete form to the recommendations made in the Fourteent Report but also with the object of attempting a general revision. The main task o the Commission was to suggest measures to remove anomalies and ambiguitie brought to light by conflicting decisions of the High Courts or otherwise t consider local variations with a view to securing and maintaining uniformity, tc 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, Twentyfifth, 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;

(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 ings, is being abolished as it does not serve any useful purpose and has been the (b)

cause of considerable delay in the trial of offences; 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 expeditiousl y;

The Code of Criminal Procedure,

1973

23

the scope of summary trials is being widened by including offenc es punishable with imprisonment up to one year instead of six months as at present; summons procedure will be adopted for all summa ry trials; 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; 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; 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; 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; (j) the facility of part-heard cases being continued by successors-inoffice now available in respect of Courts of Magistrates is being extended to Courts of Session. In addition to the above specific measures, the Commission’s 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 pleader’s 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.

24

The Code of Criminal Procedure,

1973

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. ACT

2 OF 1974

The Code of Criminal Procedure Bill having been passed by both the Houses of Parliament received the assent of the President on 25th January, 1974. It came on the Statute Book as THE CODE OF CRIMINAL PROCEDURE, 1973 (2 of 1974) (Came into force on 1-4-1974).

LIST OF AMENDING ACTS . The Repealing and Amending Act, 1974 (56 of 1974) (w.e.f. 20-12-1974). . The Code of Criminal

Procedure

(Amendment)

Act, 1978 (45 of 1978)

(w.e.f. 18-12-1978). . The Code of Criminal Procedure (Amendment) Act, 1980 (63 of 1980) (w.r.e.f. 23-9-1980). The Criminal Law (Amendment) Act, 1983 (43 of 1983) (w.e.f. 25-12-1983). The Criminal Law (Second Amendment) Act, 1983 (46 of 1983) (w.e-f.

25-12-1983). The

Dowry

Prohibition

(Amendment)

Act,

1986

19-11-1986). The Code of Criminal Procedure (Amendment) (w.e.f. 25-5-1988). . The Code of Criminal Procedure (Amendment) (w.r.e.f. 19-2-1990). YW CP TR ND Ne . The Code of Criminal Procedure (Amendment) (w.r.e.f. 2-5-1991). —_f=). The Code of Criminal Procedure (Amendment) (w.e.f. 20-7-1994). . The Criminal Law (Amendment) Act, 1993 (42 of ped — Ne . The Code of Criminal Procedure (Amendment) (w.e.f. 24-9-2001). . The Code of Criminal Procedure (Amendment) (w.r.e.f. 18-12-1978 and w.e.f. 23-6-2006). . The Criminal Law (Amendment)

*«

(43 of 1986)

(w.e-f.

Act, 1988 (32 of 1988) Act, 1990 (10 of 1990) Act, 1991 (43 of 1991) Act, 1993 (40 of 1993) 1993) (w.e.f. 22-5-1993). Act, 2001 (50 of 2001)

Act, 2005 (25 of 2005)

Act, 2005 (2 of 2006) (w.e.f. 16-4-2006

and 5-7-2006). . The Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009) (w.e.f. 31-12-2009 and 1-11-2010). . The Code of Criminal Procedure (Amendment) Act, 2010 (41 of 2010) (w.e.f. 2-11-2010). . The Criminal Law (Amendment) Act, 2013 (13 of 2013) (w.r.e.f. 3-2-2013).

. The Lokpal and Lokayuktas Act, 2013 (1 of 2014) (w.e.f. 16-1-2014).

od _ou — onl oO on w

. The Criminal Law (Amendment) Act, 2018 (22 of 2018) (w.r.e.f. 21-4-2018). Ne ow . The Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) (w.e-f. 31-10-2019). * This Act was repealed by the Repealing and Amending (Second) Act, 2015 (19 of 2015),

Sec. 2 and First Sch. (w.e.f. 14-5-2015). The Repeal of this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing.

THE

CODE

OF CRIMINAL

PROCEDURE,

1973

(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:— 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 ![***]: 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 Ist day of April, 1974.

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. 1. The words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, secs. 95, 96 and Fifth Sch., Table-1 (w.e.f. 31-10-2019).

25

26

The Code of Criminal Procedure,

1973

[Sec. 2

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 Court;

by law, that High

(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 -_-_~

(h)

this Code by a Magistrate or Court; “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) (j)

“judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath; “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 '[and such local area may

(k)

comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify]; “metropolitan area” means the area declared, or deemed to be

declared, under section 8, to be a metropolitan area;

(I) “non-cognizable 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); (0) “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 constable or, when the State Government so directs, any other police officer so present;

1. Ins. by Act 45 of 1978, sec. 2 (w.e.f. 18-12-1978).

Sec. 3]

The Code of Criminal Procedure,

1973

27

(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 (v)

Prosecutor; “sub-division”

means

a sub-division of a district;

(w)

“summons-case” means a case relating to an offence, and not being

‘[(wa)

a warrant-case; “victim” means a person who has suffered any loss or injury caused

by reason of the act or omission for which the accused person (x)

has been charged and the expression “victim” includes his or her guardian or legal heir;] “warrant-case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two

(y)

years;

words and expressions used herein and not defined but defined in

the Indian Penal Code (45 of 1860) have the meanings respectively assigned to them in that Code. COMMENTS

(i) Section 2(g) which defines inquiry, clearly envisage inquiry before the actual commencement of the trial, and is an act conducted under Cr. P.C. by the Magistrate or the Court. The word “inquiry” is, therefore, not an inquiry relating to the investigation of the case by that investigating agency but is an inquiry after the case is brought to the notice of the Court on the filling of the charge-sheet. The Court can thereafter proceed to make inquiries and it is for this reason that an ela has been given to mean something other than the actual trial; Hardeep Singh v. State of Punjab, AIR 2014 SC 1400. (ii) There is no particular format for a complaint. Nomenclature is also inconsequential. A petition addressed to the Magistrate containing an allegation that an offence has been committed, and ending with a prayer that the culprits be suitably dealt with, is a complaint; Mohd. Yousuf v. Afaq Jahan; (2006) 1 SCC 627. (iii) The expression “Judicial proceeding” defined in clause (i) of section 2 includes any proceeding in the course of which evidence is or may be legally taken on oath. The law does not prescribe any particular method of presentation of challan, namely, that it should be presented by any police official. When the challan was presented before the Court, who was acting as a Judicial Magistrate at that time, the first step in the judicial er ase was sitting in judicial proceeding; Shrichand v. State of Madhya Pradesh, (1993)

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,—

1. Ins. by Act 5 of 2009, sec. 2 (w.e.f. 31-12-2009).

The Code of Criminal Procedure,

28

[Sec. 3

1973

nce (i) in relation to an area outside a metropolitan area, as a refere

to a Judicial Magistrate; (ii) in relation to a metropolitan area, as a reference to a Metropolitan Magistrate; n (b) any reference to a Magistrate of the second class shall, in relatio

to an area outside a metropolitan area, be construed as a reference

a to a Judicial Magistrate of the second class, and, in relation to metropolitan area, as a reference to a Metropolitan Magistrate; (c) any reference to a Magistrate of the first class shall,—

to (i) in relation to a metropolitan area, be construed as a reference

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; (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 shifting 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,

Sec. 3]

The Code of Criminal Procedure,

1973

29

sanctioning a prosecution or withdrawing from a prosecution, they shall, subject as aforesaid, be exercisable by an Executive Magistrate. STATE Arunachal

Pradesh,

Mizoram

and

AMENDMENTS

Meghalaya:

In section 3, after sub-section (4), insert the following sub-section, namely:—

“(5) Notwithstanding anything contained in the foregoing provisions of this section,— (i) any reference in such of the provisions of this Code, as applied to the Union territories of Arunachal Pradesh and Mizoram, to the Courts mentioned in Column

(1) of the Table below shall, until the Courts of Session and

Courts of Judicial Magistrate 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

Court of Session or Sessions Judge or Chief Judicial Magistrate. Magistrate or Magistrate of the First Class or Judicial Magistrate of the First Class.

District Magistrate. Executive Magistrate.

(ii) the functions mentioned in clause (a) of sub-section (4) shall be exercisable

by an Executive Magistrate.” [Vide Notification No. Jud. 25/74, dated 2nd April, 1974.]

Nagaland: In section 3, after sub-section

(4), insert the following sub-section which shall be

deemed always to have been so:— “(5) Notwithstanding anything contained in the foregoing provisions of this section,— (i) any reference in such of the provisions of this Code, as applied 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 Magistrates 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

Court of Session or Sessions Judge or Chief Judicial Magistrate. Magistrate or Magistrate of the first class or Judicial Magistrate of the first class.

District Magistrate or Additional District Magistrate. Executive Magistrate.

(ii) references 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 references to, and exercised by, Deputy Commissioner and Additional Deputy Commissioner and Assistant to Deputy Commissioner appointed under any law in force:

The Code. of Criminal Procedure,

30

1973

[Sec. 3

Provided that an Assistant to Deputy Commissioner shall exercise such powers of a Judicial Magistrate as may be invested by the Governor” [Vide Nagaland Gazette, Extra., No. 15, dated 19th June, 1975.] STATE

AMENDMENTS

Section

Andaman

and Nicobar

Islands

3A

(U.T.)

(1) After section 3, the following section shall be inserted, namely:—

“3A. Special provision relating to Andaman and Nicobar Islands.—(1) References 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 the 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 the 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 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.” [Regulation 1 of 1974, sec. 3 (w.e.f. 30-3-1974).]

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. 5. Saving.—Nothing contained in this Code shall, in the absence of a 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. CHAPTER Il 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:—

Sec. 8]

The Code of Criminal Procedure,

(i) (ii)

1973

31

Courts of Session; Judicial Magistrates of the first class and, in any metropolitan area,

Metropolitan Magistrates; (iii)

Judicial Magistrates of the second class; and

(iv) Executive Magistrates. 7. Territorial divisions.—(1) Every consist of sessions divisions; and every of this Code, be a district or consist of Provided that every metropolitan

State shall be a sessions division or shall sessions division shall, for the purposes districts: area shall, for the said purposes, be a

separate sessions division and district.

(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 sessions divisions, districts and sub-divisions existing in a State at the commencement of this 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 ore 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 tion as ascertained at the last preceding census of which the relevant have been published. Delhi: In section 8.—

STATE

AMENDMENT

(a) in sub-section (1), for the words “a city or town”, substitute the words “a city

or town or part thereof”; (b) for sub-section (3), substitute the following sub-section, namely:— “(3) The State Government may, by notification divide a metropolitan area into two or more such areas or extend or reduce or alter the limits of a metropolitan area:

32

The Code of Criminal Procedure,

[Sec. 9

1973

Provided that— (a) the division of metropolitan area shall not be so made as to result in the population of any of the areas into which it has been divided being less than one million; and (b) the reduction or alteration of metropolitan area shall not be so made

as to

reduce the population of such area to less than one million.”; (c) after sub-section (4), the following sub-section shall be inserted, namely:—

“(4A) Where any metropolitan area is divided under High Court may issue such directions as it deems fit disposal of the proceedings pending immediately before any Magistrate or court having jurisdiction in respect of

[Vide the Code of Criminal Procedure (Delhi Amendment) of 2011), sec. 2.]

9. Court of Session.—(1) The State Government

sub-section (3), the with respect to the such division before such area.”.

Act, 2011 (Delhi Act 09

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, 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 Sessions 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

sana for the disposal of the case or the examination of any witness or witnesses erein. 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), add the following proviso, namely:— “Provided that notwithstanding anything to the contrary contained in this Code, an Additional Sessions Judge in a district or sub-division, 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 fo the purposes of sub-section (7) of section 116, sections 193 and 194, clause (a)

section 209 and sections 409 and 449: Provided further that the above powers shall not be in derogation of the

png5a a exercisable by an Additional Sessions Judge or a Sessions Judge

this e.” [Vide Orissa Act 6 of 2004, sec. 2.]

h |

|

'

; '

i y

Sec. 11]

The Code of Criminal Procedure,

1973

33

Uttar Pradesh: In section 9, after sub-section (5), insert the following sub-section, namely:— “(5A) 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 senior most 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.” [Vide Uttar Pradesh Act 1 of 1984, sec. 2 (w.e.f. 1-5-1984).]

In section 9, to sub-section (6), insert the following proviso, namely:— “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.” [Vide Uttar Pradesh Act 16 of 1976, sec. 2 (w.r.e.f. 28-11-1975).]

West Bengal: In section 9, to sub-section (3), add the following provisos, namely:— “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.” [Vide West Bengal Act 24 of 1988, sec. 3.]

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 provision 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. 11. Courts

of Judicial

Magistrates.—(1)

In every

district

(not being a

metropolitan area), there shall be established as many Courts of Judicial

34

The Code of Criminal Procedure,

1973

[Sec. 11

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:

[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 Andaman

AMENDMENTS

and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep:

In section 11, in sub-section (3), for the words “any member of the Judicial Service

of the State, functioning as a Judge in a Civil Court”, substitute the words “any person discharging the functions of a Civil Court”. [Vide Regulation 1 of 1974, sec. 4 (w.e.f. 30-3-1974).]

Bihar: In section 11, after sub-section (3), insert the following sub-section, namely:—

“(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 cases of particular class or categories of cases.” [Vide Bihar Act 8 of 1977, sec. 2 (w.e.f. 10-1-1977).]

Haryana: In section 11, after sub-section (1), insert the following sub-section, namely:—

“(1A) The State Government may likewise establish as many Courts of Judicial

Magistrate of the first class and of the second class in respect to particular cases or particular class or classes of cases, or to cases generally in any local area.” [Vide Haryana Act 16 of 1976, sec. 2 (w.e.f. 24-2-1976).] Kerala: (1) In section 11, after sub-section (1), insert the following sub-section, namely:—

“(1A) The State Government may likewise establish as many Special Courts of Judicial Magistrate of First 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. The amendments made by sub-section (1) shall be, and shall be deemed to have been, in force for the period commencing from the 2nd day of December, 1974 and ending with the 18th day of December, 1978. 1. Added by Act 45 of 1978, sec. 3 (w.e.f. 18-12-1978).

Sec.

12]

The Code of Criminal Procedure,

1973

35

Validation —Any notification issued by the State Government on or after the 2nd day of 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 Judicial 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.” [Vide Kerala Act 21 of 1987, secs. 2 and 3 (w.e.f. 2-12-1987).] Punjab: In section 11, after sub-section (1), insert the following sub-section, namely:— “(1A) The State Government may likewise establish as many Courts of Judicial

Magistrate 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.” [Vide Punjab Act 9 of 1978, sec. 2 (w.e.f. 14-4-1978).] Rajasthan: In section 11, after sub-section (1), insert the following sub-section, namely:—

“(1A) The State Government may likewise establish as many Courts of Judicial

Magistrate 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.” [Vide Rajasthan Act 10 of 1977, sec. 2 (w.e.f. 13-9-1977).]

Uttar Pradesh: In section 11, after sub-section (1), insert the following sub-section, namely:—

“(1A) The State Government may likewise establish as many Courts of Judicial Magistrate 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.” [Vide Uttar Pradesh Act 16 of 1976, sec. 3 (w.e.f. 1-5-1976).]

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 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 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.

36

The Code of Criminal Procedure, 1973 STATE

[Sec. 12 |

AMENDMENTS

Nagaland:

In section 12, in sub-sections (1), (2) and (3), for the words “High Court”, substitute | the words “State Government” wherever they occur. i

[Vide Notification Law 170/74 Leg., dated 3rd July, 1975.] Uttar Pradesh: In section 12, after sub-section (3), insert the following sub-section, namely:— “(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 senior-most among the Additional Chief Judicial Magistrates and other Judicial Magistrates present at the place, and in their absence the District Magistrate and > in his absence the senior-most Executive Magistrate shall dispose of the urgent) work of the Chief Judicial Magistrate.” [Vide Uttar Pradesh Act 1 of 1984, sec. 3 (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 ‘[of the first class or of the second class, in respect to particular cases or to particular classes o cases, in any local area, not being a metropolitan area]: 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 Hig

Court may, by rules, specify. (2) Such Magistrates shall be called Special Judicial Magistrates and shall appointed for such term, not exceeding one year at a time, as the High Cour may, by general or special order, direct. *[(3) The High Court may empower a Special Judicial Magistrate to exerci

the powers of a Metropolitan Magistrate in relation to any metropolitan are outside his local jurisdiction.] STATE

AMENDMENTS

Andhra Pradesh: In section 13,— (a) in sub-section (2), for the words “not exceeding one year at a time”, substitu

the words “not exceeding two years at a time”. (b) to sub-section (2), add the following proviso, namely:—

“Provided that any person who is holding the office of Special Judici Magistrate at the commencement of the Code of Criminal Proced (Andhra Pradesh Amendment) Act, 1992 and has not completed sixty-five of age shall continue to hold office for a term of two years from the date of h appointment.” [Vide Andhra Pradesh Act 2 of 1992, sec. 2 (w.e.f. 10-4-1992).]

14. Local Jurisdiction of Judicial Magistrates.—(1) Subject to the control

the High Court, the Chief Judicial Magistrate may, from time to time, define 1. Subs. by Act 45 of 1978 sec. 4(i), for certain words (w.ef. 18-12-1978). 2. Ins. by Act 45 of 1978, sec. 4(ii) (w.e.f. 18-12-1978).

Sec. 15]

The Code of Criminal Procedure,

1973

37

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:

'[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. *[(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

Section

14A

Maharashtra: After section 14, insert the following section, namely:— “14A. Investing Judicial Magistrates with jurisdiction in specified cases of local area—The High Court may invest any Judicial Magistrate with all or any of the powers conferred or conferable 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.” [Vide Maharashtra Act 23 of 1976, sec. 2 (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. STATE

AMENDMENT

Bihar: In section 15, after sub-section (2), insert the following sub-section, namely:—

“(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

1. Added by Act 45 of 1978 sec. 5(a) (w.e.f. 18-12-1978).

2. Ins. by Act 45 of 1978, sec. 5(b) (w.e.f. 18-12-1978).

38

The Code of Criminal Procedure,

(Sec. 15

1973

|

Judicial Magistrate of the said district and reference in this Code to the Sessions Judge shall be deemed to be reference to the Sessions Judge of that district where he holds his Court.” [Vide Bihar Act 8 of 1977, sec. 4 (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 extend throughout the metropolitan area. STATE

f

Metropolitan

Magistrate

shail

AMENDMENT

Uttar Pradesh: In section 16, after sub-section (3), insert the following sub-section, namely:— “(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 senior most 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.” [Vide Uttar Pradesh Act 1 of 1984, sec. 4 (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 any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and 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 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 '[***] 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.

*{(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 1. The words “or to cases generally” omitted by Act 45 of 1978, sec. 6(i) (wef. 18-12-1978). 2. Subs. by Act 45 of 1978 sec. 6(ii), for sub-section (3) (w-e-f. 18-12-1978).

Sec. 20]

The Code of Criminal Procedure,

1973

39

outside the metropolitan area, the powers of a Judicial Magistrate of the first class.] STATE

AMENDMENTS

Andhra Pradesh: In section 18,— (a) in sub-section (2), for the words, “not exceeding one year at a time”, substitute

the words “not exceeding two years at a time”.

(b) to sub-section (2), add the following proviso, namely:— “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.” [Vide Andhra Pradesh Act 2 of 1992, sec. 3.]

Maharashtra: In section 18, in sub-section (1), for the words “in any metropolitan area”, substitute the words “in one or more metropolitan areas”. [Vide Maharashtra Act 23 of 1976, sec. 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. (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 '[such] of the powers of a District Magistrate under this Code or under any other law for the

time being in force 7[, 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 1. Sub. by Act 45 of 1978 sec. 7(a), for “all or any” (w.e.f. 18-12-1978). 2. Ins. by Act 45 of 1978 sec. 7(b) (w.e.f. 18-12-1978).

' The Code of Criminal Procedure,

40

1973

[Sec. 20 |

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. 1[(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 F

:

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:

In section 20, after sub-section (5), insert the following sub-section, namely:—

“(6) The State Government may delegate its powers under sub-section (4) to the District Magistrate.” [Vide Uttar Pradesh Act 1 of 1984, sec. 5 (w.e.f. 1-5-1984).]

21. Special Executive Magistrates.—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 COMMENTS

Special Executive Magistrate is entitled to exercise any of powers of the Executive Magistrate conferred by the Code, State of Maharashtra v. Mohammad Salim Khan, (1991) 1 Crimes 120 (SC).

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 definition, 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 1, Ins. by Act 25 of 2005, sec. 2 (w.e.f. 23-6-2006).

ee SS er O

Sec. 24]

The Code of Criminal Procedure,

1973

41

Executive Magistrates subordinate to him and as to the allocation of business to an Additional District Magistrate.

'(24. Public Prosecutors.—(1) For or the State Government shall, after a Public Prosecutor and may also Prosecutors, for conducting in such proceeding on behalf of the Central

every High Court, the Central Government consultation with the High Court, appoint appoint one or more Additional Public Court, any prosecution, appeal or other 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. (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 subsection (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).

*{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 under this Code.]

Prosecutor

or an

Assistant

1. Subs. by Act 45 of 1978 sec. 8, for section 24 (w.e.f. 18-12-1978). 2. Ins. by Act 25 of 2005, sec. 3 (w.r.e.f. 18-12-1978).

Public

Prosecutor

42

The Code of Criminal Procedure,

1973

[Sec. 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: [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

& UT AMENDMENTS

Bihar:

In section 24, for sub-section (6), substitute the following sub-section, namely:— “(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.” [Vide Bihar Act 16 of 1984, sec. 2 (w.e.f. 24-8-1984).]

Haryana: In section 24, to sub-section (6), add the following Explanation, namely:—

“Explanation.—For the purpose 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 a regular Cadre of Prosecuting Officers.” [Vide Haryana Act 14 of 1985, sec. 2 (w.e.f. 29-11-1985).] Karnataka: In section 24, in sub-section (1),— (i) omit the words “or the State Government shall”;

(ii) for the words “appoint a Public Prosecutor”, substitute the words “or the State Government shall appoint a Public Prosecutor”. [Vide Karnataka Act 20 of 1982, sec. 2 (w.e.f. 3-9-1981).] Madhya Pradesh: In section 24,—

(i) in sub-section (6), for the words, brackets and figure “Notwithstanding anything contained in sub-section (5)”, substitute the words, brackets, letter and

“Notwithstanding anything contained in sub-section (5), but subject to the

provisions of sub-section (6A)” and shall be deemed to have been substituted with effect from 18th December, 1978; 1. Ins. by Act 5 of 2009, sec. 3 (w.e.f. 31-12-2009).

Sec. 24]

The Code of Criminal Procedure,

1973

43

(ii) after sub-section (6), insert the following sub-section, and shall be deemed

to

have been inserted with effect from 18th December, 1978, namely:— “(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 Madhya Pradesh 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”; (iii) in sub-section (7), after the words, brackets and figure “sub-section (6)”, substitute the words, brackets, figure and letter “or sub-section (6A)” and shall be deemed to have been inserted with effect from 18th December, 1978; and (iv) in sub-section

substitute

(9), for the

the words,

words,

brackets,

brackets

figures

and

and

figure,

letter

“sub-section

“sub-section

(6A)

(7)”,

and

sub-section (7)” and shall be deemed to have been substituted with effect from 18th December, 1978.

[Vide Madhya Pradesh Act 21 of 1995, sec. 3 (w.e.f. 24-5-1995).]

Maharashtra:

In section 24,— (a) in sub-section (1), omit the words “after consultation with the High Court”; (b) in sub-section

(4), for the words

“in consultation with the Sessions Judge”,

substitute the words “with the approval of the State Government”. [Vide Maharashtra Act 34 of 1981 sec. 2 (w.e.f. 20-5-1981).]

Rajasthan:

In section 24, for sub-section (6), substitute the following sub-section, namely:— “(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.” [Vide Rajasthan Act 1 of 1981, sec. 2 (w.r.e.f. 10-12-1980).] Tamil Nadu: In section 24,— (a) in sub-section (6), after the expression “sub-section (5)”, insert “but subject to the provisions of sub-section (6A)”; (b) after sub-section (6), insert the following sub-section, namely:—

“(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.”

The Code of Criminal Procedure,

44

1973

[Sec. 24

(c) “In sub-section (7), after the expression “sub-section (6)” insert “or sub-section (6A)”. [Vide Tamil Nadu Act 42 of 1980 sec. 2 (w.e.f. 1-12-1980).]

Uttar Pradesh: In section 24,—

(a) in sub-section (1), after the words “Public Prosecutor”, insert the words, “and

one or more Additional Public Prosecutors” and shall be deemed always to have been inserted. (b) after sub-section (6), insert the following sub-section always to have been inserted, namely:—

and shall be deemed

“(7) For the purpose 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. [Vide Uttar Pradesh Act 33 of 1978, sec. 2 (w.e.f. 9-10-1978).]

Ed. These amendments were made prior to the amendments made by the Central Act 45 of 1978, sec. 8 (w.e.f. 18-12-1978). In section 24,—

(a) (b) (c) [Vide

in sub-section (1), omit sub-sections in sub-section (7), Uttar Pradesh Act

omit the words “after consultation with the High Court”; (4), (5) and (6); omit the words “or sub-section (6)”. 18 of 1991, sec. 2 (w.e.f. 16-2-1991).]

West Bengal: In section 24, in sub-section (6),—

(a) for the words “shall appoint a Public Prosecutor or an Additional Public Prosecutor only”, substitute the words “may also appoint a Public Prosecutor or an Additional Public Prosecutor”. [Vide West Bengal Act 26 of 1990, sec. 3 (w.e.f. 1-3-1991).]

(b) omit the proviso. [Vide West Bengal Act 25 of 1992, sec. 3.] Union Territory of Jammu and Kashmir:—After sub-section, namely:— “(6A).—Notwithstanding

sub-section (6), insert the following

anything contained in sub-section (1) and sub-section (6),

the Government of the Union territory of Jammu and Kashmir may appoint a person who has been in practice as an Advocate for not less than seven years as Public Prosecutor or Additional Public Prosecutor for High Court and for the District Courts and it shall not be necessary to appoint Public Prosecutor or Additional Public Prosecutor for the High Court in consultation with High Court and Public Prosecutor or Additional Public Prosecutor for the District Court from amongst the person constituting the cadre of Prosecution for the State of Jammu and Kashmir.”

[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020 (w.e.f. 18-3-2020), S.O. 1123(E), dated 18th March, 2020, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), No. 1016, dated 18th March, 2020.] COMMENTS

Challenging the appointment of public prosecutor on the ground that was made in consultation with Collector and Session Judge and not with Metropolitan Magistrate is not held to be illegal; Surapaneni Ram Prasad v. Govt. of Andhra Pradesh, 2000 Cr L] 354 (AP). 25. Assistant Public Prosecutors.—(1) The State Government shall appoint in wae’

district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates. '[((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 an Assistant Public Prosecutor. 1. Ins. by Act 45 of 1978, sec. 9 (w.e.f. 18-12-1978).

Sec. 25A]

The Code of Criminal Procedure,

1973

45

(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: In section 25, to sub-section (2), add the following proviso, namely:— “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.” [Vide Orissa Act 6 of 1995, sec. 2 (w.e.f. 10-3-1995).]

Uttar Pradesh: In section 25, to sub-section (2), add the following proviso and shall be deemed always to have been inserted, namely:— “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.” [Vide Uttar Pradesh Act 16 of 1976, sec. 5 (w.e.f. 1-5-1976).] West Bengal: In section 25, for sub-section (3), substitute the following sub-section, namely:—

‘(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 Judicial Magistrate in any area in a subdivision, 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 Subdivisional Magistrate; or (c) where the case is before the Court of the 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

(5 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).’

[Vide West Bengal Act 17 of 1985, sec. 3.] [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.

(4) Every Deputy Director of Prosecution shall be subordinate to the Director of

1. Ins. by Act 25 of 2005, sec. 4 (w.e.f. 23-6-2006).

7 The Code of Criminal Procedure,

46 (5) Every

Public

Prosecutor,

Additional

Public

[Sec. 25A

1973

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] STATE & UT AMENDMENTS Karnataka: In section 25A,— (a) for sub-section (2), substitute the following, namely:—

“(2) The post of Director of prosecution and Government litigations, or a Deputy Director of Prosecution and other cadres shall be filled in accordance with the Cadre and Recruitment Rules framed under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990).” (b) for sub-section (5), substitute the following, namely:—

“(5) Every Public Prosecutor, Additional Public Prosecutor appointed by the State Government

from

the cadre

of Prosecutors

recruited

under

the

recruitment rules framed by the Government under the Karnataka State Civil Services

Act, 1978 shall be subordinate

to the Director

of Prosecution

and

Government litigations and every Public Prosecutor, Additional Prosecutor and Special Prosecutor appointed under sub-section (8) of section 24 shall be subordinate to the Advocate General.” (c) in sub-section (6), for the words “Deputy Director of Prosecution, substitute the words “Director of Prosecution”. [Vide Karnataka Act 39 of 2012, sec. 2 (w.e.f. 24-10-2012), published in the Karnataka Gazette, Extra., dated 6-11-2012.]

Union Territory of Jammu and Kashmir:— (i) for sub-sections (1) and (2), substitute—

“(1) The Government of the Union territory of Jammu and Kashmir shall establish a Directorate of Prosecution consisting of a Director General of Prosecution and such other officers, as may be provided in rules to be framed by the said Government; and

(2) The

Post of Director General

of Prosecution

and

all other officers,

constituting the prosecution cadre, shall be filled in accordance with the rules to be framed by the said Government.”; (ii) in sub-section (3), substitute “Director of Prosecution” with “Director General of Prosecution”; (iii) or sub-section (4), substitute— “(4) subject to the control of the Director General of Prosecution, the Director shall be subordinate to and under the Control of a Joint Director.”; (iv) substitute sub-section (5),—

“Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the Government of the Union territory of Jammu

and Kashmir under sub-section (1), or the case may be under sub-section (8)

of section 24 to conduct cases in the High Court shall be subordinate to the Advocate General.”;

;

t

— |

Sec. 28]

The Code of Criminal Procedure, (v)

for sub-section (7), substitute— “(7) The powers and functions

1973

of the Director General

47

of Prosecution

and

other officers of the prosecution cadre shall be such as may be provided by the rules”. [Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020 (w.e.f. 18-3-2020), S.O. 1123(E), dated 18th March, 2020, published in the Gazette of

India, Extra., Pt. IL, Sec. 3(ii), No. 1016, dated 18th March, 2020.]

CHAPTER III POWER 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) (ii)

(iii)

the High Court, or the Court of Session, or

any other Court by which such offence is shown in the First Schedule to be triable; ‘(Provided that any [offence under section 376, 3[section 376A, section

376AB,

section

376B, section

376C, section

376D, section 376DA,

section

376DB] or section 376E of the Indian Penal Code (45 of 1860)] shall be tried as far as practicable by a Court presided over by a woman.]

(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)

(ii)

the High Court, or

any other Court by which such offence is shown in the First Schedule to be triable. STATE AMENDMENT

Uttar Pradesh: In section 26, for clause (b), substitute the following clause, namely:—

“(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.” [Vide Uttar Pradesh Act 1 of 1984, sec. 6 (w.e.f. 1-5-1984).]

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) An 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.

1. Ins. by Act 5 of 2009, sec. 4 (w.e.f. 31-12-2009).

2 Subs. by Act 13 of 2013, sec. 11, for “offence under section 376 and sections 376A to 376D of

the Indian Penal Code (45 of 1860)” (w.r.e.f. 3-2-2013). 3. Subs. by Act 22 of 2018, sec. 10, for “section 376A, section 376B, section 376C, section 376D” (w.re.f. 21-4-2018).

The Code of Criminal Procedure,

48

1973

[Sec. 29

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 '[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 *[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 rupees”, substitute the words “fifty thousand rupees”; (b) in sub-section (3), for the words “five thousand rupees”, substitute the words

“ten thousand rupees”. [Vide The Code of Criminal Procedure (Maharashtra Amendment) Act, 2007 (Maharashtra Act 27 of 2007), sec 2 (w.e.f. 1-12-2007).] Rajasthan: In section 29, in sub-section (2), for the expression “ten thousand rupees”, substitute the expression “fifty thousand rupees”. [Vide Rajasthan Act 1 of 2015, sec. 2.]

Section 29A Punjab: After section 29, insert the following section, namely:— “29A. Sentence which Executive Magistrate may pass——An Executive Magistrate may pass a sentence of imprisonment of a term not exceeding three years or of

fine not exceeding five thousand rupees, or both.” [Vide Punjab Act 22 of 1983 (w.e.f. 27-6-1983).]

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 impri which the Magistrate is competent to inflict as puni for the offence otherwise than as imprisonment in default ofpayment 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. 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. 1, Subs. by Act 25 of 2005, sec. 5(a), for “five thousand rupees” (w.e.f. 23-6-2006).

2. Subs. by Act 25 of 2005, sec. 5(b), for “one thousand rupees” (w.e.f. 23-6-2006).

pe

Sec. 35]

The Code of Criminal Procedure,

1973

49

(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: 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. 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 the 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. (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 successors-inoffice.—(1) Subject to 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.

50

The Code of Criminal Procedure,

1973

[Sec. 36

CHAPTER IV A.—POWERS OF SUPERIOR OFFICERS OF POLICE 36. Powers of superior officers of police.—Police officers 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. 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 (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);

‘[(va)

section 364A (that is to say, offence relating to kidnapping for

(vi)

ransom, etc.);] section 382 (that is to say, offence of theft after preparation made

(vii)

theft); sections 392 to 399, both inclusive, and section 402 (that is to say,

for causing death, hurt or restraint in order to the committing of the

offences of robbery and dacoity);

(viii)

section 409 (that is to say, offence relating to criminal breach of trust

by public servant, etc.); (ix) sections 431 to 439, both inclusive (that is to say, offences of mischief against property);

1. Ins. by Act 42 of 1993, sec. 3 (w.e.f. 22-5-1993).

Sec. 40]

The Code of Criminal Procedure,

1973

51

(x) (xi)

sections 449 and 450 (that is to say, offence of house-trespass); 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. 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 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, 489C and 489D; (f) any matter likely to affect the maintenance of order of the prevention of crime or the safety of person or property respecting which the District Magistrate, by general or special order made with the SilesiodLeareteeoe oe State LIBRAR ys him to

National Law Se chepala

BANGAI ORE

The Code of Criminal Procedure,

52

[Sec. 40

1973

(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 or other person appointed to perform any function connected with the administration of the village. 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

complaint,

information,

to believe on the basis of such

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 1. Subs. by Act 5 of 2009, sec. 5(i), for clauses (a) and (b) (w.e.f. 1-11-2010). Clauses (a) and (b), before substitution, stood as under:

“(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.”.

S EE ae ee =

.

Sec. 41]

The Code of Criminal Procedure,

(d)

(e) and

1973

53

to prevent such person from making any inducement, or promise to any person acquainted with the facts case so as to dissuade him from disclosing such facts Court or to the police officer; or as unless such person is arrested, his presence in the whenever required cannot be ensured,

the police officer shall

record

while

making

such

threat of the to the Court

arrest, his

reasons in writing: [Provided that a police officer shall, in all cases where the arrest

(ba)

of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.] 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 ae lawfully be arrested without a warrant by the officer who issued the requisition.

2[(2) Subject to the provisions of section 42, no

person concerned in a non-

ele 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.] COMMENTS

When a person is brought to the police station and locked up there, obviously he is under arrest; Central Bureau of Investigation v. Kishore Singh, JT 2010 (12) SC 489: (2010)

11 SCALE 291: 2010 (7) Supreme 696. 1. Ins. by Act 41 of 2010, sec. 2 (w.e.f. 1-11-2010). 2 Subs. by Act 5 of 2009, sec. 5(ii), for sub-section (2) (w.e.f. 1-11-2010). Sub-section (2), before

substitution, stood as under: “(2) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of persons specified in section 109 or section 110.”.

The Code of Criminal Procedure,

54

[Sec. 41A

1973

1[41A. Notice of appearance before police officer—(1) *[The police officer shall], in all cases

where

the arrest

of a person

is not

required

under

the

provisions of sub-section (1) of section 41, issue a notice directing the person 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, to appear before him or at such other place as may be specified in the notice. (2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. (3) Where such person complies and continues to comply with the notice,

he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. 3[(4) Where such person, at any time, fails to comply with the terms of the

notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.]]

1[41B. Procedure of arrest and duties of officer making arrest.—Every police officer while making an arrest shall— (a)

bear an accurate, visible and clear identification of his name which

will facilitate easy identification; (b) prepare a memorandum of arrest which shall be—

(i) attested by at least one witness, who is a member of the family

of the person arrested or a respectable member of the locality where the arrest is made; (ii) countersigned by the person arrested; and (c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest.] 1[41C. Control room at districts—(1) The State Government shall establish

a police control room— (a) in every district; and

(b) at State level. (2) The State Government shall cause to be displayed on the notice board

kept outside the control rooms at every district, the names and addresses of the persons arrested and the name and designation of the police officers who made the arrests. (3) The control room at the Police Headquarters at the State level shall collect

from time to time, details about the persons arrested, nature of the offence with which they are charged, and maintain a database for the information of the general public.] '[41D. Right of arrested person to meet an advocate of his choice during interrogation.—When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation. ] 1. Ins. by Act 5 of 2009, sec. 6 (w.e.f. 1-11-2010). 2. Subs. by Act 41 of 2010, sec. 3(a), for “The police officer may” (w.e.f. 1-11-2010).

3. Subs. by Act 41 of 2010, sec. 3(b), for sub-section (4) (w.e-f. 1-11-2010). Sub-section (4), before substitution, stood as under:

“(4) Where such person, at any time, fails to comply with the terms of the notice, it shall be lawful for the police officer to arrest him for the offence mentioned in the notice, subject to such orders as may have been passed in this behalf by a competent Court.”.

Sec. 44]

The Code of Criminal Procedure,

1973

55

42. Arrest on refusal to give name and residence—(1) When any person who, in the presence of a police officer, has committed

or has been accused of

committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained. (2) When the true name and residence of such person have been ascertained,

he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required: Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India.

(3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction. 43. Arrest by private person and procedure on such arrest.—_(1) Any private person may arrest or cause to be arrested any person who in his presence

commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station. (2) If there is reason to believe that such person comes under the provisions of section 41, a police officer shall re-arrest him. (3) If there is reason

to believe that he has committed

a non-cognizable

offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there

is no sufficient reason to believe that he has committed any offence, he shall be at once released. 44. Arrest by Magistrate-—(1) When any offence is committed in the presence of a Magistrate,

whether

Executive

or Judicial, within his local jurisdiction,

he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.

(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

a

56

The Code of Criminal Procedure,

1973

[Sec. 45

45. Protection of members of the Armed Forces from arrest.— (1) Notwithstanding anything contained in sections 41 to 44 (both inclusive), no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government. (2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression “Central Government” occurring therein, the expression “State Government” were substituted. STATE

AMENDMENT

Assam: In section 45, for sub-section (2), substitute the following sub-section, namely:—

‘(2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply— (a) to such class or category of the members of the Forces charged with the maintenance of public order, or (b) to such class or category of other public servants [not being persons to whom the provisions of sub-section (1) apply] charged with the maintenance of public order, as may be specified in the notification, wherever, they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression “Central Government” occurring therein, the expression “State Government” were substituted.’ [Vide Assam Act 3 of 1980, sec. 2 (w.e.f. 5-6-1980).]

46. Arrest how made.—(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action: [Provided that where a woman is to be arrested, unless the circumstances

indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest.] (2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest. (3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life. 7[(4) Save in exceptional circumstances, no woman

shall be arrested after

sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior 1. Ins. by Act 5 of 2009, sec. 7 (w.e.f. 31-12-2009). 2. Ins. by Act 25 of 2005, sec. 6 (w.e.f. 23-6-2006).

Sec. 50A]

The Code of Criminal Procedure,

1973

57

permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.] 47. Search of place entered by person sought to be arrested.—(1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein. (2) If ingress to such place cannot be obtained under sub-section (1), it shall

be lawful in any case for a person acting under a warrant and in any case in which

a warrant

may

issue, but cannot be obtained

without affording the

person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place, to

break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purposes, and demand of admittance duly made, he cannot otherwise obtain admittance: Provided that, if any such place is an apartment in the actual occupancy of a female (not being the person to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it. (3) Any police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein. 48. Pursuit of offenders into other jurisdictions.—A police officer may, for the purpose of arresting without warrant any person whom he is authorised to

arrest, pursue such person into any place in India. 49. No unnecessary restraint.—The person arrested shall not be subjected to more restraint than is necessary to prevent his escape. 50. Person arrested to be informed of grounds of arrest and of right to bail—(1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. (2) Where a police officer arrests without warrant any person other than a

person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties

on his behalf. 150A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person.—(1) Every police officer or other person making any arrest under this Code shall forthwith give the information regarding such arrest 1. Ins. by Act 25 of 2005, sec. 7 (w.e.f. 23-6-2006).

58

The Code of Criminal Procedure,

1973

[Sec. 50A

and place where the arrested person is being held to any of his friends, relatives or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information. (2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station. (3) An entry of the fact as to who has been informed of the arrest of such

person shall be made in a book to be kept in the police station in such form as may be prescribed in this behalf by the State Government. (4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.] 51. Search of arrested person.—{1) Whenever a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail, and whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail,

the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other, than necessary wearingapparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person. (2) Whenever it is necessary to cause a female to be searched, the search

shall be made by another female with strict regard to decency. 52. Power to seize offensive weapons.—The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested. 53. Examination of accused by medical practitioner at the request of police

officer—(1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. (2) Whenever the person of a female is to be examined under this section,

the examination shall be made only by, or under the supervision of, a female registered medical practitioner.

Sec. 53A]

The Code of Criminal Procedure,

1973

59

'{Explanation.—In this section and in sections 53A and 54,— (a)

(b)

“examination”

shall include the examination of blood, blood stains,

semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case; “registered medical practitioner” means a medical practitioner who possess any medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956) and whose

name has been entered in a State Medical Register.] 2[53A. Examination of person accused of rape by medical practitioner.—(1)

When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an

examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed by any other registered medical practitioner acting at the request of a police officer not below the rank of a sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose. (2) The registered medical practitioner conducting such examination shall, without delay, examine such person and prepare a report of his examination giving the following particulars, namely:— (i) the name and address of the accused and of the person by whom he was brought, (ii)

the age of the accused,

(iii) marks of injury, if any, on the person of the accused, (iv) the description of material taken from the person of the accused for DNA profiling, and (v) other material particulars in reasonable detail. (3) The report shall state precisely the reasons for each conclusion arrived at.

(4) The exact time of commencement and completion of the examination

shall also be noted in the report. (5) The registered medical practitioner shall, without delay, forward the report of the investigating officer, who shall forward it to the Magistrate referred

1. Subs. by Act 25 of 2005, sec. 8, for Explanation (w.e.f. 23-6-2006). Explanation, before substitution, stood as under: “Explanation.—In this section and in section 54, “registered medical practitioner” means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956), and whose name has

been entered in a State Medical Register”.

2. Ins. by Act 25 of 2005, sec. 9 (we.f. 23-6-2006).

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60

1973

[Sec. 53A

to in section 173 as part of the documents referred to in clause (a) of sub-section (5) of that section.] 1[54. Examination

of arrested

person

by medical

officer—(1)

When

any

person is arrested, he shall be examined by a medical officer in the service of Central or State Governments and in case the medical officer is not available by a registered medical practitioner soon after the arrest is made: Provided that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner. (2) The medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted. (3) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person.] STATE

AMENDMENT

Uttar Pradesh: In section 54, add the following at the end, namely:— “The registered medical practitioner shall forthwith furnish to the arrested person a copy of the report of such examination free of cost.” [Vide Uttar Pradesh Act 1 of 1984, sec. 7 (w.e.f. 1-5-1984).]

Section 54A After section 54, insert the following section, namely:— “54A. Test identification of the accused —When a person is arrested on a charge of committing an offence and his test identification by any witness is considered necessary by any Court having jurisdiction, it shall be lawful for an Executive Magistrate acting at the instance of such Court, to hold test identification of the person arrested.” [Vide Uttar Pradesh Act 1 of 1984, sec. 8 (w.e.f. 1-5-1984).]

1. Subs. by Act 5 of 2009, sec. 8, for section 54 (w.e.f. 31-12-2009). Earlier section 54 was amended by Act 25 of 2005 sec. 10 (w.e.f. 23-6-2006). Section 54, before substitution by Act 5 of 2009, stood as under:

“54. Examination of arrested person by medical practitioner at the request of the arrested person.—(1) When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other person of any offence against his body, the Magistrate shall, if requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request ismade for the purpose of vexation or delay or for defeating the ends of justice. (2) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the registered medical practitioner to the arrested person or the person nominated by such arrested person.”

Sec. 58]

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61

Ed.—These amendments were made prior to substitution of section 54 by the Code of Criminal 31-12-2009)

Procedure

(Amendment)

Act, 2008 (Central Act 5 of 2009), sec. 8 (w.e.f.

‘[54A. Identification of person arrested.—Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction, may on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit:] *[Provided that, if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Judicial Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with: Provided further that if the person identifying the person arrested is mentally or physically disabled, the identification process shall be videographed.] COMMENTS

Identification of Voice rank 54A of the Code Uttar Pradesh, JT

accused — Direction for recording of “voice identification parade” can be identified by means of voice identification parade under section or by some other person familiar with the voice; Ritesh Sinha v. State of 2012 (12) SC 258: 2012 (12) SCALE 10: 2012 (9) SLT 267.

55. Procedure when police officer deputes subordinate to arrest without

warrant.—(1) When any officer in charge of a police station or any police officer making an investigation under Chapter XII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer

required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order. (2) Nothing in sub-section (1) shall affect the power of a police officer to

arrest a person under section 41. 3[55A. Health and safety of arrested person.—lIt shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused.]

56. Person arrested to be taken before Magistrate or officer in charge of

police station.—A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station. 57. Person arrested not to be detained more than twenty-four hours.—No

ice

officer shall detain in custody a person arrested without warrant for a period than under all the circumstances of the case is reasonable, and period shall not, in the absence of a special order of a Magistrate under

Section 167, exceed twenty-four hours exclusive of the time necessary for the

]

from the place of arrest to the Magistrate’s Court. 58. Police to report apprehensions.—Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional 1. Ins. by Act 25 of 2005, sec. 11 (w.e.f. 23-6-2006). 2. Ins. by Act 13 of 2013, sec. 12 (w.r.e.f. 3-2-2013). 3. Ins. by Act 5 of 2009, sec. 9 (w.e.f. 31-12-2009).

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[Sec. 58

1973

Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise. 59. Discharge of person apprehended.—No person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or

under the special order of a Magistrate. 60. Power, on escape, to pursue

and retake.—(1)

If a person in lawful

custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India. (2) The provisions of section 47 shall apply to arrests under sub-section (1) although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest. 1160A. Arrest to be made strictly according to the Code.—No arrest shall be made except in accordance with the provisions of this Code or any other law for the time being in force providing for arrest.] PROCESSES

CHAPTER VI TO COMPEL APPEARANCE A.—Summons

61. Form of summons.—Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court. 62. Summons how served.—(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant. (2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons. (3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. 63. Service of summons on corporate bodies and societies.—Service of a summons on a corporation may be effected by serving it on the secretary, local manager or other principal officer of the corporation, or by letter sent by registered post, addressed to the chief officer of the corporation in India, in which case the service shall be deemed, to have been effected when the letter would arrive in ordinary course of post. Explanation.—In this section “corporation” means an incorporated company or other body corporate and includes a society registered under the Societies Registration Act, 1860 (21 of 1860). 64. Service when persons summoned cannot be found.—Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the

back of the other duplicate. Explanation.—A servant is not a member of the family within the meaning of this section. 1. Ins. by Act 5 of 2009, sec. 10 (w.e.f. 31-12-2009).

Sec. 69]

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63

65. Procedure when service cannot be effected as before provided.— [If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which

the person

summoned

ordinarily

resides; and

thereupon

the Court,

after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.

66. Service on Government servant.—(1) Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the Court under his signature with the endorsement required by that section. (2) Such signature shall be evidence of due service.

67. Service of summons outside local limits.—When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served. 68. Proof of service in such cases and when serving officer not present.— (1) When a summons issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 62 or section 64) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved. (2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court. 69. Service of summons on witness by post.—(1) Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on

business or personally works for gain. (2) When an acknowledgment purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served. STATE

AMENDMENT

Andaman and Nicobar Islands and Lakshadweep: In section 69,—

(a) in sub-section (1), after the words “to be served by registered post”, insert the words “or of the substance thereof to be served by wireless message”.

64

The Code of Criminal Procedure,

1973

[Sec. 69

(b) in sub-section (2), for the words “that the witness refused to take delivery of

the summons”, substitute the words “or a wireless message that the witness refused to take delivery of the summons

or the message, as the case may be”.

[Vide Regulation 6 of 1977, sec. 2 (w.e.f. 17-11-1977).]

B.—Warrant of arrest 70. Form of warrant of arrest and duration.—(1) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court. (2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed. 71. Power to direct security to be taken.—(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take

such security and shall release such person from custody. (2) The endorsement shall state— (a) the number of sureties;

(b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound; (c)

the time at which he is to attend before the Court.

(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court. 72. Warrants

to whom

directed.—(1)

A warrant of arrest shall ordinarily

be directed to one or more police officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same. (2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them. 73. Warrant may be directed to any person.—(1) The Chief Judicial Magistrate

or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest. (2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on,

any land or other property under his charge. (3) When

the person against whom

such warrant is issued is arrested, he

shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 71. 74. Warrant directed to police officer—A warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

Sec. 80]

The Code of Criminal Procedure,

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65

75. Notification of substance of warrant.—The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant. 76. Person arrested to be brought before Court without delay.—The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 71 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person: Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court. 77. Where warrant may be executed.—A warrant of arrest may be executed at any place in India. 78. Warrant forwarded for execution outside jurisdiction—(1) When a warrant is to be executed outside the local jurisdiction of the Court issuing

it, such Court may, instead of directing the warrant to a police officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed; and the Executive Magistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it to be executed in the manner hereinbefore provided. (2) The Court issuing a warrant under sub-section (1) shall forward, along with the warrant, the substance of the information against the person to be

arrested together with such documents, if any, as may be sufficient to enable the Court acting under section 81 to decide whether bail should or should not be granted to the person. 79. Warrant directed to police officer for execution outside jurisdiction.—

(1) When a warrant directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to an Executive Magistrate or to a police officer not below the rank of an officer in charge of a police station, within the local limits of whose jurisdiction the warrant is to be executed. (2) Such Magistrate or police officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police officer to whom the warrant is directed to execute the same, and the local police shall, if so required, assist such officer in executing such warrant. (3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such execution, the police officer to whom it is directed may execute the same without such endorsement

in any place beyond the local jurisdiction of the Court which issued it. 80. Procedure on arrest of person against whom warrant issued.—When a warrant of arrest is executed outside the district in which it was issued, the

Person arrested shall, unless the Court which issued the warrant is within thirty

kilometres of the place of arrest or is nearer than the Executive Magistrate or ict Superintendent of Police or Commissioner of Police within the local

66

The Code of Criminal Procedure,

1973

[Sec. 80

limits of whose jurisdiction the arrest was made, or unless security is taken under section 71, be taken before such Magistrate or District Superintendent or Commissioner. 81. Procedure by Magistrate before whom such person arrested is brought.—(1) The Executive Magistrate or District Superintendent of Police or Commissioner of Police shall, if the person arrested appears to be the person intended by the Court which issued the warrant, direct his removal in custody to such Court: Provided that, if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of such Magistrate, District Superintendent or Commissioner, or a direction has been endorsed under section 71 on the warrant and such person is ready and willing to give the security required by such direction, the Magistrate, District Superintendent or Commissioner shall take such bail or security, as the case may be, and forward the bond, to the Court which issued the warrant: Provided further that if the offence is a non-bailable one, it shall be lawful for the Chief Judicial Magistrate (subject to the provisions of section 437), or the Sessions Judge, of the district in which the arrest is made on consideration of the information and the documents referred to in sub-section (2) of section 78,

to release such person on bail. (2) Nothing in this section shall be deemed to prevent a police officer from taking security under section 71. STATE

AMENDMENT

Uttar Pradesh: In section 81, in sub-section (1), after second proviso, insert the following proviso, namely:— “Provided also that where such person is not released on bail or where he fails to give such security as aforesaid, the Chief Judicial Magistrate in the case of a non-bailable offence or any Judicial Magistrate in the case of a bailable offence may pass such orders as he thinks fit for his custody till such time as may be necessary for his removal to the Court which issued that warrant.” [Vide Uttar Pradesh Act 1 of 1984, sec. 9 (w.e.f. 1-5-1984).]

C.—Proclamation

82. Proclamation

and attachment

for person absconding.—(1)

If any Court has reason to

believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows:— (i) (a) it shall be publicly read in some conspicuous place of the town or

village in which such person ordinarily resides; (b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;

Sec. 83]

The Code of Criminal Procedure,

1973

67

(c)

a copy thereof shall be affixed to some conspicuous part of the Court-house; (ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides. (3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence that the

requirements of this section have been complied with, and that the proclamation was published on such day. '((4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.] '{(5) The provisions of sub-sections (2) and (3) shall apply to a declaration

made by the Court under sub-section (4) as they apply to the proclamation published under sub-section (1).]

83. Attachment of property of person absconding.—(1) The Court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person: Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued,—

(a) is about to dispose of the whole or any part of his property, or (b) is about to remove the whole or any part of his property from the local jurisdiction of the Court, it may order the attachment simultaneously with the issue of the proclamation. (2) Such order shall authorise the attachment of any property belonging to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situate. (3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made— (a) by seizure; or (b) by the appointment of a receiver; or (c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to any one on his behalf; or (d)

by all or any two of such methods, as the Court thinks fit.

1. Ins. by Act 25 of 2005, sec. 12 (w.e.f. 23-6-2006).

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[Sec. 83

(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the case of land paying revenue to the State Government, be made through the Collector of the district in which the land is situate, and in all other cases— (a) by taking possession; or (b) by the appointment of a receiver; or (c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to any one on his behalf; or (d) by all or any two of such methods, as the Court thinks fit. (5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall abide the order of the Court. (6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).

84. Claims and objections to attachment.—(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 83, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under section 83, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part: Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the event of the death of the claimant or objector, be continued by his legal representative. (2) Claims or objections under sub-section (1) may be preferred or made in

the Court by which the order of attachment is issued, or, if the claim or objection

is in respect of property attached under an order endorsed under sub-section (2) of section 83, in the Court of the Chief Judicial Magistrate of the district in

which the attachment is made. (3) Every such claim or objection shall be inquired into by the Court in which it is preferred or made: Provided that, if it is preferred or made in the Court of a Chief Judicial

Magistrate, he may make it over for disposal to any Magistrate subordinate to

him.

(4) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (1) may, within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive. 85. Release, sale and restoration of attached property.—(1) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.

Sec. 89]

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69

(2) lf the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the State Government; but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under section 84 has been disposed of under that section; unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner, in either of which cases the Court may cause it to be sold whenever it thinks fit. (3) If, within two years from the date of the attachment, any person whose property is or has been at the disposal of the State Government, under subsection (2), appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of

the sale, and the residue of the property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, be delivered to him. 86. Appeal from order rejecting application for restoration of attached property.—Any person referred to in sub-section (3) of section 85, who is

aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of the first-mentioned Court. D.—Other rules regarding processes 87. Issue of warrant in lieu of, or in addition to, summons.—A Court may, in any case in which it is empowered by this Code to issue a summons

for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest— (a)

if, either before the issue of such summons,

or after the issue of

the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or (b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure. 88. Power to take bond for appearance.—When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such Person to execute a bond, with or without sureties, for his appearance in such Court, or any other Court to which the case may be transferred for trial. COMMENTS

The Word ‘any person’ appearing in section 88 has to be given wide meaning, which may include persons, who are not even accused in case and appeared as witness; Pankaj Jain y. Union of India, AIR 2018 SC 1155.

89. Arrest on breach of bond for appearance.—When any person who is bound by any bond taken under this Code to appear before a Court, does not

s

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[Sec. 89

appear, the officer presiding in such Court may issue a warrant directing that | such person be arrested and produced before him. 90. Provisions of this Chapter generally applicable to summonses and | warrants of arrest—The provisions contained in this Chapter relating to | summons

and warrants, and their issue, service and execution, shall, so far as|

may be, apply to every summons and every warrant of arrest issued under this Code. ' PROCESSES

91. Summons

TO

CHAPTER VII COMPEL THE PRODUCTION

OF

THINGS

A.—Summons to produce to produce document or other thing.—(1) Whenever

‘

i any) ::

Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the! time and place stated in the summons or order. (2) Any person required under this section merely to produce a documen or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same. (3) Nothing in this section shall be deemed— (a) to affect, sections 123 and 124 of the Indian Evidence Act, 1872 ( of 1872), or the Bankers’ Books Evidence Act, 1891 (13 of 1891), or

(b) to apply to a letter, postcard, telegram or other document or an parcel or thing in the custody of the postal or telegraph authority. 92. Procedure as to letters and telegrams.—(1) If any document, parcel o thing in the custody of a postal or telegraph authority is, in the opinion of th District Magistrate, Chief Judicial Magistrate, Court of Session or High Cou wanted for the purpose of any investigation, inquiry, trial or other proceedin under this Code, such Magistrate or Court may require the postal or telegrap authority, as the case may be, to deliver the document, parcel or thing to su person as the Magistrate or Court directs. (2) If any such document, parcel or thing is, in the opinion of any Magistrate, whether Executive or Judicial, or of any Commissioner of police District Superintendent of Police, wanted for any such purpose, he may requi the postal or telegraph authority, as the case may be, to cause search to be m for and to detain such document, parcel or thing pending the order of a Distri Magistrate, Chief Judicial Magistrate or Court under sub-section (1). B.—Search-warrants 93. When

search-warrant

may be issued.—(1)(a) Where any Court

reason to believe that a person to whom a summons or order under 91 or a requisition under sub-section (1) of section 92 has been, or might addressed, will not or would not produce the document or thing as by such summons or requisition, or

| ‘

Sec. 94]

_

The Code of Criminal Procedure,

(b) where such document

or thing is not known

1973

TA

to the Court to be in the

possession of any person, or (c) where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed,

may search or inspect in accordance therewith and the provisions hereinafter contained.

(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified. (3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority.

94. Search of place suspected to contain stolen property, forged documents, etc.—(1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has

reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable— (a) to enter, with such assistance as may be required, such place, (b)

to search the same

in the manner

specified in the warrant,

(c)

to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies, (d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety, (e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case

may be, objectionable article to which this section applies. (2) The objectionable articles to which this section applies are— (a)

counterfeit coin;

(b)

pieces of metal made in contravention of the Metal Tokens Act, 1889 (1 of 1889), or brought into India in contravention of any notification

for the time being in force under section 11 of the Customs Act, 1962

(52 of 1962); (c) counterfeit currency note; counterfeit stamps; (d) forged documents; (e) false seals;

72

The Code of Criminal Procedure,

1973

[Sec. 94

(f) obscene objects referred to in section 292 of the Indian Penal Code (45 of 1860);

(g) instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).

95. Power to declare certain publications forfeited and to issue searchwarrants for the same.—(1) Where—

(a) any newspaper, or booK, or (b) any document, wherever printed, appears to the State Government to contain any matter the publication of which is punishable under section 124A or section 153A or section 153B or section 292 or section 293 or section 295A of the Indian Penal Code (45 of 1860), the State Government may, by notification, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every copy of such book or other document to be forfeited to Government, and thereupon any police officer may seize the same whereve! found in India and any Magistrate may by warrant authorise any police officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue or any such book or other document may be or may be reasonably suspected to be. (2) In this section and in section 96,—

(a) “newspaper” and “book” have the same meaning as in the Press and Registration of Books Act, 1867 (25 of 1867); (b)

“document” includes any painting, drawing or photograph, or other visible representation. (3) No order passed or action taken under this section shall be called in question in any Court otherwise than in accordance with the provisions of section 96. COMMENTS

Power to issue a declaration of forfeiture under section 95 postulates compliance with twin essential conditions—(i) the Government must form the opinion to the effect that such newspaper, book or document contain any matter, the publication of which is punishable under section 124A or section 153A or section 153B or section 292 or section]} 293 or section 295A of the Indian Penal Code; and (ii) the Government must state the)

grounds of its opinion; State of Maharashtra v. Sangharaj Damodar Rupawate, (2010) 7 SCC 398: (2010) 6 SCALE 667: 2010 Cr L] 4 290.

96. Application to High Court to set aside declaration of forfeiture.— (1) Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 95, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter a: is referred to in sub-section (1) of section 95.

(2) Every such application shall, where the High Court consists of three o more Judges, be heard and determined by a Special Bench of the High Cour composed of three Judges and where the High Court consists of less than th Judges, such Special Bench shall be composed of all the Judges of that Hig Court. (3) On the hearing of any such application with reference to any newspaper) any copy of such newspaper may be given in evidence in aid of the proof the nature or tendency of the words, signs or visible representations contai in such newspaper, in respect of which the declaration of forfeiture was made

|

Sec.

100}

The Code of Criminal Procedure,

1973

73

(4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in sub-section (1) of section

95, set aside the declaration of forfeiture. (5) Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges.

97. Search for persons wrongfully confined.—If any District Magistrate, Subdivisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances

of the case seems proper. 98. Power to compel restoration of abducted females.—Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years, for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.

C.—General provisions relating to searches 99. Direction, etc., of search-warrants.—The

provisions of sections 38, 70,

72, 74, 77, 78 and 79 shall, so far as may be, apply to all search-warrants issued under section 93, section 94, section 95 or section 97.

100. Persons in charge of closed place to allow search.—(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein. (2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by subSection (2) of section 47.

(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be

made by another woman with strict regard to decency.

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The Code of Criminal Procedure, 1973

[Sec. 100

(4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may

issue

an order in writing to them or any of them so to do. (5) The search shall be made in their presence, and a list of all things seized

in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it. (6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person. (7) When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person. (8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed offence under section 187 of the Indian Penal Code (45 of 1860).

an

COMMENTS (i) Public witnesses may not be joined, but attempt must be made to join the public witnesses; Sadhu Singh v. State of Punjab, (1997) 3 Crimes 55 (PH).

(ii) There can be cases when public witnesses are reluctant to join or are not available.

All the same, the prosecution must show a genuine attempt having been made to join public witnesses; Sadhu Singh v. State of Punjab, (1997) 3 Crimes 55 (PH). (ili) A stereo-type statement of non-availability of any public witness will not be sufficient particularly when at the relevant time, it was not difficult to procure the services of public witness, Sadhu Singh v. State of Punjab, (1997) 3 Crimes 55 (PH).

101. Disposal of things found in search beyond jurisdiction—When, in the execution of a search-warrant at any place beyond the local jurisdiction of

the Court which issued the same, any of the things for which search is made, are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such Court. D.—Miscellaneous

102. Power of police officer to seize certain property.—(1) Any police officer

may seize any property which may be alleged or suspected to have been stolen,

Sec. 105]

The Code of Criminal Procedure, 1973

or which may be found under circumstances commission of any offence.

75

which create suspicion of the

(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer. '[(3) Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court *[or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation], he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same:] [Provided that where the property seized under sub-section (1) is subject to speedy and natural decay and if the person entitled to the possession of such

property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the Superintendent

of Police and

the provisions of sections 457 and 458 shall, as

nearly as may be practicable, apply to the net proceeds of such sale.] COMMENT

The bank account of the accused or any of his relation constitutes ‘property’ within the meaning of section 102 of Criminal Procedure Code and police officer in course of investigation can seize the operation of said account if such assets have direct link with the commission of offence for which the police officer is investigating into; State of Maharashtra v. Tapas D. Neogy, 1999 (7) SCC 685: 1999 (5) SCALE 613: 1999 (7) JT 92:

1999 (8) Supreme 149.

103. Magistrate may direct search in his presence.—Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search warrant.

104. Power to impound document, etc., produced.—Any Court may, if it thinks fit, impound any document or thing produced before it under this Code. 105. Reciprocal arrangements regarding processes.—(1) Where a Court in the territories to which this Code extends (hereafter in this section referred to as the said territories) desires that—

(a) a summons to an accused person, or (b)

a warrant for the arrest of an accused person, or

(c) a summons

to any person requiring him to attend and produce a

document or other thing, or to produce it, or (d)

a search-warrant,

‘lissued by it shall be served or executed at any place,— lL. Ins. by Act 45 of 1978, sec. 10 (w.e.f.

18-12-1978).

2. Ins. by Act 25 of 2005, sec. 13(a) (w.e.f. 23-6-2006). 3. Added by Act 25 of 2005, sec. 13(b) (w.e.f. 23-6-2006). 4. Subs. by Act

32 of 1988, sec. 2(a), for certain words (w.e.f. 25-5-1988).

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The Code of Criminal Procedure, 1973

[Sec. 105 | |

(i) within the local jurisdiction of a Court in any State or area in India outside the said territories, it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that Court to be served or executed; and where any summons referred

to in clause (a) or clause (c) has been so served, the provisions of

section 68 shall apply in relation to such summons as if the presiding officer of the Court to whom it is sent were a Magistrate in the said territories;

(ii) in any

country

or

place

outside

India

in respect

of which

arrangements have been made by the Central Government with the Government of such country or place for service or execution of summons or warrant in relation to criminal matters (hereafter in this section referred to as the contracting State), it may send

such summons

or warrant in duplicate in such form, directed to

such Court, Judge or Magistrate, and sent to such authority for transmission, as the Central Government may, by notification, specify in this behalf.] (2) Where a Court in the said territories has received for service or execution— (a)

a summons

to an accused person, or

(b)

a warrant for the arrest of an accused person, or

(c) a summons to any person requiring him to attend and produce a document or other thing or to produce it, or (d)

a search-warrant,

'lissued by— (i) a Court in any State or are in India outside the said territories;

(ii) a Court, Judge or Magistrate in a contracting State, it shall cause the same to be served or executed] as if it were

a summons

or

warrant received by it from another Court in the said territories for service or execution within its local jurisdiction; and where— (i) a warrant of arrest has been executed, the person arrested shall,

so far as possible, be dealt with in accordance with the procedure prescribed by sections 80 and 81; (ii) a search warrant has been executed, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure prescribed by section 101: *[Provided that in a case where a summons or search warrant received from

a contracting State has been executed, the documents or things produced or things found in the search shall be forwarded to the Court issuing the summons or search warrant through such authority as the Central Government may, by notification, specify in this behalf.]

1. Subs. by Act

2. Ins. by Act

32 of 1988, sec. 2(b)(i), for certain words (w.e.f. 25-5-1988). 32 of 1988, sec. 2(b)(ii) (w.e.f. 25-5-1988).

| |

Sec. 105B]

The Code of Criminal Procedure,

RECIPROCAL MATTERS

105A. requires,—

(a)

1973

77

''CHAPTER VIIA ARRANGEMENTS FOR ASSISTANCE IN CERTAIN AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

Definitions.—In

this

Chapter,

unless

the

context

otherwise

“contracting State” means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise;

(b)

“identifying” includes establishment of a proof that the property was derived from, or used in, the commission

of an offence;

(c)

“proceeds of crime” means any property derived or obtained directly or indirectly, by any person as a result of criminal activity (including crime involving currency transfers) or the value of any such property; (d) “property” means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets derived or used in the commission of an offence and includes property obtained through proceeds of crime; (e) “tracing” means determining the nature, source, disposition, movement, title or ownership of property. 105B. Assistance in securing transfer of persons.—(1) Where a Court in India, in relation to a criminal matter, desires that a warrant for arrest of any person

to attend or produce a document or other thing issued by it shall be executed in any place in a contracting State, it shall send such warrant in duplicate in such form to such Court, Judge or Magistrate through such authority, as the Central Government may, by notification, specify in this behalf and that Court, Judge or Magistrate, as the case may be, shall cause the same to be executed. (2) Notwithstanding anything contained in this Code, if, in the course of an investigation or any inquiry into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that the attendance of a person who is in any place in a contracting State is required in connection with such investigation or inquiry and the Court is satisfied that such attendance is so required, it shall issue a summons or warrant, in duplicate, against the said person to such Court, Judge or Magistrate, in such form as the Central Government may, by notification, specify in this behalf, to cause the same to be served or executed. (3) Where a Court in India, in relation to a criminal matter, has received a

warrant for arrest of any person requiring him to attend or attend and produce a document or other thing in that Court or before any other investigating agency, issued by a Court, Judge or Magistrate in a contracting State, the same shall be 1. Chapter VIIA (containing sections 105A to 105L) ins. by Act 40 of 1993, sec. 2 (w.e.f. 20-7-1994).

78

The Code of Criminal Procedure, 1973

[Sec. 105B

executed as if it is the warrant received by it from another Court in India for execution within its local limits. (4) Where a person transferred to a contracting State pursuant to sub-section (3) is a prisoner in India, the Court in India or the Central Government may impose such conditions as that Court or Government deems fit. (5) Where the person transferred to India pursuant to sub-section (1), or sub-section (2) is a prisoner in a contracting State, the Court in India shall ensure

that the conditions subject to which complied with and such prisoner shall conditions as the Central Government 105C. Assistance in relation to

the prisoner is transferred to India are be kept in such custody subject to such may direct in writing. orders of attachment or forfeiture of

property.—(1) Where a Court in India has reasonable grounds to believe that any

property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of such property, as it may deem fit under the provisions of sections 105D to 105] (both inclusive). (2) Where the Court has made an order

for attachment

or forfeiture

of

any property under sub-sectioii (1), and such property is suspected to be in a contracting State, the Court may issue a letter of request to a Court or an authority in the contracting State for execution of such order. (3) Where a letter of request is received by the Central Government from a Court or an authority in a contracting State requesting attachment or forfeiture of the property in India, derived or obtained, directly or indirectly, by any person from the commission of an offence committed in that contracting State, the Central Government may forward such letter of request to the Court, as it thinks fit, for execution in accordance with the provisions of sections 105D to 105] (both inclusive) or, as the case may be, any other law for the time being in force. 105D. Identifying unlawfully acquired property—({1) The Court shall, under sub-section (1), or on receipt of a letter of request under sub-section (3)

of section 105C, direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property. (2) The steps referred to in sub-section (1) may include any inquiry, investigation

or survey

in respect

of any

person,

place, property,

assets,

documents, books of account in any bank or public financial institutions or any other relevant matters. (3) Any inquiry, investigation or survey referred to in sub-section (2) shall

be carried out by an officer mentioned in sub-section (1) in accordance with such directions issued by the said Court in this behalf. 105E. Seizure or attachment of property—(1) Where any officer conducting an inquiry or investigation under section 105D has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned.

ey MN T I

Sec. 105H]

The Code of Criminal Procedure, 1973

(2) Any order made

under sub-section

79

(1) shall have no effect unless the

said order is confirmed by an order of the said Court, within a period of thirty days of its being made. 105F. Management of properties seized or forfeited under this Chapter.— (1) The Court may appoint the District Magistrate of the area where the property is situated, or any other officer that may be nominated by the District Magistrate, to perform the functions of an Administrator of such property. (2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which the order has been made under subsection (1) of section 105E or under section 105H in such manner and subject to

such conditions as may be specified by the Central Government. (3) The

Government

Administrator

shall

also

take

such

measures,

as

the

Central

may direct, to dispose of the property which is forfeited to the

Central Government.

105G. Notice of forfeiture of property —(1) If as a result of the inquiry, investigation or survey under section 105D, the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon

such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to indicate the source of income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be proceeds of crime and forfeited to the Central Government. (2) Where a notice under sub-section (1) to any person specifies any property

as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person. 105H. Forfeiture of property in certain cases.—(1) The Court may, after

considering the explanation, if any, to the show-cause notice issued under section 105G and the material available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are proceeds of crime:

Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person such other person also) does not appear before the Court or represent his case before it

within a period of thirty days specified in the show-cause notice, the Court may proceed to record a finding under this sub-section ex parte on the basis of

evidence available before it. (2) Where the Court is satisfied that some of the properties referred to in

the show-cause notice are proceeds of crime but it is not possible to identify

Specifically such properties, then, it shall be lawful for the Court to specify the properties which, to the best of its judgement, are proceeds of crime and record

a finding accordingly under sub-section (1).

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The Code of Criminal Procedure, 1973

[Sec. 105H

(3) Where the Court records a finding under this section to the effect that any property is proceeds of crime, such property shall stand forfeited to the Central Government free from all encumbrances.

(4) Where any shares in a company stand forfeited to the Central Government under this section, then, the company shall, notwithstanding anything contained in the Companies

Act, 1956

(1 of 1956) or the articles

of association

of the

company, forthwith register the Central Government as the transferee of such shares. 105-I. Fine in lieu of forfeiture-—(1) Where the Court makes a declaration

that any property stands forfeited to the Central Government under section 105H and it is a case where the source of only a part of such property has not been proved to the satisfaction of the Court, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part. (2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard. (3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under section 105H and thereupon such property shall stand released. 105J. Certain transfers to be null and void.—Where after the making of an order under sub-section (1) of section 105E or the issue of a notice under section

105G, any property referred to in the said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the

Central Government under section 105H, then, the transfer of such property shall be deemed to be null and void. 105K. Procedure in respect of letter of request.—Every letter of request, summons or warrant, received by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf. 105L. Application

of this Chapter.—The

Central

Government

may, by

notification in the Official Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are

specified in the said notification.] CHAPTER VIII SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR 106. Security for keeping the peace on conviction —(1) When a Court of

Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the

Sec. 108]

The Code of Criminal Procedure,

1973

81

peace, the Court may, at the time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding three years, as it thinks fit. (2) The offences referred to in sub-section (1) are—

(a)

any offence punishable under Chapter VIII of the Indian Penal Code (45 of 1860), other than an offence punishable under section 153A or section 153B or section 154 thereof;

(b)

any offence which consists of, or includes, assault or using criminal force or committing mischief; (c) any offence of criminal intimidation;

(d)

any other offence which caused, or was intended or known

to be

likely to cause, a breach of the peace. (3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. (4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision. 107. Security for keeping the peace in other cases.—(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may

probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond '[with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit. (2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance

is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction. 108. Security for good behaviour from persons disseminating seditious matters—(1)

When

7[an

Executive

Magistrate]

receives

information

that

there is within his local jurisdiction any person who, within or without such jurisdiction,— (i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of— (a) any matter the publication of which is punishable under section 124A or section 153A or section 153B or section 295A of the Indian Penal Code (45 of 1860), or

(b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Indian Penal Code (45 of

1860). 1. Ins. by Act 45 of 1978, sec. 11 (w.e.f, 18-12-1978).

2. Subs. by Act 63 of 1980, sec. 2, for “a Judicial Magistrate of the first class” (w.r.e.f. 23-9-1980).

82

The Code of Criminal Procedure, 1973

(ii) makes, conveys,

produces,

publishes or keeps for sale, imports, exports,

sells, lets to hire, distributes,

other manner

[Sec. 108

publicly exhibits or in any

puts into circulation any obscene matter such as is

referred to in section 292 of the Indian Penal Code (45 of 1860),

and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered

to execute a bond, with or without

sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit. (2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 (25 of 1867), with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this

behalf. 109.

Security

'[an Executive

for

good

behaviour

from

Magistrate] receives information

suspected

persons.—When

that there is within

his local

jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit. 110. Security for good behaviour from habitual offenders.—When '[an Executive Magistrate] receives information

that there is within his local

jurisdiction a person who— (a) is by habit a robber, house-breaker, thief, or forger, or (b) is by habit a receiver of stolen property knowing the same to have been stolen, or (c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property, or (d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian Penal Code (45 of 1860), or under section 489A, section 489B, section

489C or section 489D of that Code, or (e)

habitually commits, or attempts to commit, or abets the commission

of, offences, involving a breach of the peace, or (f) habitually commits, or attempts to commit, or abets the commission of— (i) any offence under one or more of the following Acts, namely:— (a) the Drugs and Cosmetics Act, 1940 (23 of 1940); 1. Subs. by Act 63 of 1980, sec. 2 for “a Judicial Magistrate of the first class” (w.re.f. 23-9-1980).

\

Sec.

113]

The Code of Cnminal Procedure,

‘[(b)

1973

83

the Foreign Exchange Regulation Act, 1973 (46 of 1973);]

(c)

the Employees’ Provident Funds Provisions] Act, 1952 (19 of 1952);

7[and

Miscellaneous

(d)

the Prevention of Food Adulteration Act, 1954 (37 of 1954);

(e) (f)

the Essential Commodities Act, 1955 (10 of 1955); the Untouchability (Offences) Act, 1955 (22 of 1955);

(g)

the Customs Act, 1962 (52 of 1962); *[***]

‘[(h)

the Foreigners Act, 1946 (31 of 1946); or]

(ii) any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption, or (g) isso desperate and dangerous as to render his being at large without security hazardous to the community, such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit. COMMENTS

The Court must have specific facts and must be satisfied that counter petitioner is sure to commit offences mentioned if he is not kept in custody; Gopalanachari v. State of

Kerala, AIR 1981 SC 674: (1980) Supp SCC 649: 1981 SCCr R 338.

111. Order to be made.—When a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.

112. Procedure in respect of person present in Court.—lIf the person in respect of whom such order is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him.

113. Summons or warrant in case of person not so present.—If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court: Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest. 1. Subs. by Act 56 of 1974, sec. 3 and Second Sch., for item (b) (w.e.f. 20-12-1974).

2. Subs. by Act 99 of 1976, sec. 17, for “Family Pension Fund” (w.e.f. 1-8-1976). Earlier the words “Family Pension Fund” were inserted by Act 56 of 1974, sec. 3, and Second Sch. (w.e-f.

20-12-1974).

3. The word “or” omitted by Act 25 of 2005, sec. 14(i) (w.e.f. 23-6-2006). 4. Ins. by Act 25 of 2005, sec. 141i) (w.e.f. 23-6-2006).

84

The Code of Criminal Procedure, 1973

[Sec. 113

COMMENTS

It is as clear as day that before taking steps for arrest the Magistrate must have reasons to fear the commission of breach of the peace and it must appear to him that such breach of peace cannot be prevented otherwise than by immediate arrest of the alleged person. It is incumbent upon the Magistrate to record an order in writing showing satisfaction for the steps taken under the proviso to section 113 of the Criminal Procedure Code; Dibakar Naik v. Puspalata Patel, (1997) 3 Crimes 107 (Ori).

114. Copy of order to accompany summons or warrant.—Every summons or warrant issued under section 113 shall be accompanied by a copy of the order made under section 111, and such copy shall be delivered by the officer

serving or executing such summons or warrant to the person served with, or

arrested under, the same. 115. Power to dispense with personal attendance.—The Magistrate may, if

he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by a pleader. 116. Inquiry as to truth of information.—(1) When an order under section

111 has been read or explained under section 112 to a person in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 113, the Magistrate shall proceed to inquire into the truth of the information upon which action has

been taken, and to take such further evidence as may appear necessary. (2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in

summons-cases. (3) After the commencement, and before the completion, of the inquiry under sub-section

(1), the Magistrate, if he considers

that immediate

measures

are

necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 111 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded: Provided that—

(a) no person against whom proceedings are not being taken under section 108, section 109, or section 110 shall be directed to execute a bond for maintaining good behaviour; (b)

the conditions of such bond, whether as to the amount thereof or as

to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 111. (4) For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.

Sec. 120]

The Code of Criminal Procedure, 1973

85

(5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just. (6) The inquiry under this section shall be completed within a period of six months

from the date of its commencement,

and if such inquiry is not so

completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs: Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand

terminated on the expiry of a period of six months of such detention. (7) Where any direction is made under sub-section (6) permitting the continuance of proceedings, the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse. 117. Order to give security.—If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties, the Magistrate shall make an order accordingly: Provided that— (a) no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 111; (b) the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive; (c)

when the person in respect of whom the inquiry is made is a minor,

the bond shall be executed only by his sureties. 118. Discharge of person informed against.—If, on an inquiry under section 116, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him. 119. Commencement of period for which security is required.—(1) If any person, in respect of whom an order requiring security is made under section 106

or section 117, is, at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence.

(2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date. 120. Contents of bond.—The bond to be executed by any such person shall

bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment

of, any offence punishable with imprisonment, wherever it may be committed,

is a breach of the bond.

86

The Code of Criminal Procedure,

1973

.

[Sec. 121

121. Power to reject sureties—{1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person

for the purposes of the bond: Provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him. (2) Such Magistrate shall, before holding the imquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before him. (3) If the Magistrate is satisfied, after considering the evidence so adduced

either before him or before a Magistrate deputed under sub-section (1), and the report of such Magistrate (if any), that the surety is an unfit person for the purposes of the bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing: Provided that, before making an order rejecting’ any.-surety who has previously been accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appest or to be brought before him. 122. Imprisonment in default of security.—{1) (a) If any person ordered to give security under section i106 or section 117 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if, he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the Court or Magistrate who made the order requiring it. (b) If any person after having executed a ‘[bond, with Or ¢ without sureties]

for keeping the peace in pursuance of an order of a Magistrate under section 117, is proved, to the satisfaction of such Magistrate or his successor-in-office, to

have committed breach of the bond, such Magistrate or successor-in-office may, after recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the. period of the bond and such order shall be without prejudice to any other punishment or forfeiture to which the said person may be liable in accordance with law. (2) When

such person has been ordered by a Magistrate to give security

for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the Sessions Judge and the proceedings shall be laid, as soon as conveniently may be, before such Court. (3) Such Court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit: 1. Subs. by Act 25 of 2005, sec. 15, for “bond without sureties” (wef

23-44-2006).

Sec. 123]

The Code of Criminal Procedure, 1973

87

Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years. (4) If security has been required in the course of the same proceeding from two or more persons in respect of any one of whom the proceedings are referred to the Sessions

Judge under

sub-section

(2), such

reference

shall also include

the case of any other of such persons who has been ordered to give security, and the provisions of sub-sections (2) and (3) shall, in that event, apply to the case of such other person also, except that the period (if any) for which he may be imprisoned, shall not exceed the period for which he was ordered to give security.

(5) A Sessions Judge may in his discretion transfer any proceeding laid before him under sub-section (2) or sub-section (4) to an Additional Sessions Judge or

Assistant Sessions Judge and upon such transfer, such Additional Sessions Judge or Assistant Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings. (6) If the security is tendered to the officer-in-charge of the jail, he shall forthwith refer the matter to the Court or Magistrate who made the order, and

shall await the orders of such Court or Magistrate. (7) Imprisonment for failure to give security for keeping the peace shall be simple. (8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under section

108, be simple and, where the

proceedings have been taken under section 109 or section 110, be rigorous or simple as the Court or Magistrate in each case directs. 123. Power to release persons imprisoned for failing to give security.— (1) Whenever

'[the District

Magistrate

in the case of an order passed

by an

Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case] is of opinion that any person imprisoned for failing to give security

under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged. (2) Whenever any person has been imprisoned for tailing to give security under this Chapter, the High Court or Court of Session, or, where the order was

made by any other Court, the *[District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case], may makc an order reducing the amount of the security or

the number of sureties or the time for which security has been required. (3) An order under sub-section (1) may direct the discharge of such person either without conditions or upon any conditions which such person accepts: Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired. (4) The State Government may prescribe the conditions upon which a conditional discharge may be made. 1. Subs. by Act 45 of 1978, sec. 12(i), for “the Chief Judicial Magistrate” (w.e.f, 18-12-1978). 2. Subs. by Act 45 of 1978, sec. 12(ii), for “Chief Judicial Magistrate” (w.e.f. 18-12-1978).

88

The Code of Criminal Procedure, 1973

[Sec. 123

(5) If any condition upon which any person has been discharged is, m the opinion of the '[District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any

other case] by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same.

(6) When a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any police officer without warrant, and shall thereupon be produced before the '[District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case]. _(7) Unless such person gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release), the '[District Magistrate, in the case of an

order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case] may remand such person to prison to undergo

such unexpired portion. (8) A person remanded

to prison under sub-section

(7) shall, subject to

the provisions of section 122, be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor.

(9) The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by any order made by it, and the '[District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case] may make such cancellation where such bond was executed under his order or under the order of any other Court in his district. (10) Any surety for the peaceable conduct or good behaviour of another person, ordered to execute a bond under this Chapter may at any time apply to the Court making such order to cancel the bond and on such application being made, the Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bound to appear or to be brought before it. 124. Security for unexpired period of bond.—(1) When a person for whose appearance a summons or warrant has been issued under the proviso to subsection (3) of section 121 or under sub-section (10) of section 123, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond executed by such person and shall order such person to give, for the

unexpired portion of the term of such bond, fresh security of the same person description as the original security.

I.

Subs. by Act 45 of 1978, sec. 12(ii), for “Chief Judicial Magistrate” (w.e.f. 18-12-1978).

Sec. 125]

The Code of Criminal Procedure, 1973

89

(2) Every such order shall, for the purposes of sections 120 to 123 (both inclusive) be deemed to be an order made under section 106 or section 117, as

the case may be. CHAPTER ORDER 125. Order

IX

FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

for maintenance

of wives, children

and parents.—(1)

If any

person having sufficient means neglects or refuses to maintain— (a)

his wife, unable to maintain herself, or

(b)

his legitimate or illegitimate minor child, whether married or not, unable to maintain

itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d)

his father or mother, unable to maintain himself or herself,

a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to,make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate '[***], as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means: {Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same

to such person as the Magistrate may from time to time direct: Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of

notice of the application to such person.] Explanation.—For the purposes of this Chapter,— (a) “minor” means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his majority; (b) “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. 1. The words “not exceeding five hundred rupees in the whole” omitted by Act 50 of 2001, sec. 2(i)(a) (w.e.f. 24-9-2001). 2. Ins. by Act 50 of 2001, sec. 2(i)(b) (w.e.f. 24-9-2001).

90

The Code of Criminal Procedure, 1973

[Sec. 125

'[(2) Any such allowance for the maintenance or interim maintenance and

expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.] (3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant

for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any part of each month's *[allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due

under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and ste refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.—lf a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to live with him.

to be just ground for his wife’s refusal

(4) No wife shall be entitled to receive an *[allowance for the maintenance

or the interim maintenance and expenses of proceeding, as the case may be,] from her husband

under this section if she is living in adultery, or if, without

any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. (5) On proof that any wife in whose favour an order has been made under

this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order. STATE

AMENDMENTS

Madhya Pradesh: In section 125,— (a) for the marginal heading, substitute the following marginal heading, namely:— “Order for maintenance of wives, children, parents and grandparents.” [Vide Madhya Pradesh Act No. 15 of 2004, sec. 3 (w.e.f. 26-11-2004).] (b) in sub-section (1), for the words “five hundred rupees”, substitute the words

“three thousand rupees”. [Vide Madhya Pradesh Act 10 of 1998, sec. 3 (w.e.f. 29-5-1998).]

1. Subs. by Act 50 of 2001, sec. 2(ii), for sub-section (2) (wef, 24-9-2001 ). 2. Subs. by Act 50 of 2001, sec. 2(iii), for “allowance” (w-.e.f, 24-9-2001).

Sec. 125]

The Code of Criminal Procedure, 1973

[Ed.—This amendment Procedure

(Amendment)

exceeding five hundred

24-9-2001).]

91

was made prior to the enactment of the Code of Criminal

Act, 2001

(Central

rupees in the whole”

Act 50 of 2001)

whereby

have been omitted

the words

“not

by sec. 2(i)(a) (w.e.f.

(c) after clause (d), insert the following clause, namely:—

“(e) his grandfather, grandmother unable to maintain himself or herself.” [Vide Madhya Pradesh Act 15 of 2004, sec. 3 (w.e.f. 26-11-2004).]

(d) in sub-section (1), for the words “a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct”, substitute the words “a Magistrate of the first class may upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father, mother, grandfather, grandmother at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct”. [Vide Madhya Pradesh Act 15 of 2004, sec. 3 (w.e.f. 26-11-2004).]

(e) in sub-section (1), after the first proviso, insert the following proviso, namely:— “Provided

further that the relatives in clause (e) shall only be entitled to

monthly allowance for maintenance if their sons or daughters are not alive and they are unable to maintain themselves.” [Vide Madhya Pradesh Act No. 15 of 2004, sec. 3 (w.e.f. 26-11-2004).]

Maharashtra: In Section 125,— (a) in sub-section (1),— (i) for the words “not exceeding five hundred rupees”, substitute the words “not exceeding fifteen hundred rupees”; (ii) before the existing proviso, insert the following provisos, namely:— “Provided that, the Magistrate on an application or submission being made, supported by an affidavit by the person who has applied for the maintenance under this sub-section, for payment of interim maintenance, on being satisfied that, there is a prima facie ground for making such order, may direct the person against whom the application for maintenance has been made, to pay a reasonable amount by way of iferim maintenance to the applicant, pending the final disposal of the maintenance application: Provided further that, such order for payment of interim maintenance may, in an appropriate case, also be made by the Magistrate ex parte, pending service of notice of the application, subject, however, to the condition that such an order shall be liable to be modified or even cancelled after the

respondent is heard in the matter: Provided also that, subject to the ceiling laid down under this sub-section, the amount of ,/erim maintenance shall, as far as practicable, be not less than thirty per cent of the monthly income of the respondent.”; (iii) in the existing proviso, for the words “Provided that”, substitute the words “Provided also that”;

92

The Code of Criminal Procedure, 1973

[Sec. 125

(b) after sub-section (2), insert the following sub-section, namely:—

(2A) Notwithstanding

anything otherwise

contained

in sub-sections

(1)

and (2), where an application is made by the wife under clause (a) of sub-

section (1) for the maintenance allowance, the applicant may also seek relief that the order may be made for the payment of maintenance allowance in lump-sum in lieu of the payment of monthly maintenance allowance, and the Magistrate may, after taking into consideration all the circumstances obtaining in the case including the factors like the age, physical condition, economic conditions and other liabilities and commitments of both the parties, pass an order that the respondent shall pay the maintenance allowance in lump-sum in lieu of the monthly maintenance allowance, covering a specified period, not exceeding five years at a time, or for such period which may exceed five years, as may be mutually agreed to, by the parties.”; (c) in sub-section (3),—

(i) after the words “so ordered”, insert the words, brackets, figures and letter “either under sub-section (1) or sub-section (2A), as the case may be,”; (ii) after the words

“each month’s

allowance”,

insert the words

“or, as the

case may be, the lump-sum allowance to be paid in lieu of the monthly allowance”. [Vide Maharashtra Act 21 of 1999 sec. 2 (w.e.f. 20-4-1999).]

Ed. These amendments Criminal

Procedure

have been made prior to the enactment of the Code of

(Amendment)

Act, 2001

(Central

Act 50 of 2001) whereby

the

words “not exceeding five hundred rupees in whole” have been omitted by sec. 2 (w.e-f. 24-9-2001). Rajasthan:

In section 125, in sub-section (1), for the words “five hundred” occurring after the words “at such monthly rate not exceeding” and before the words “rupees in the whole”, substitute the words “two thousand five hundred”. [Vide Rajasthan Act 3 of 2001, sec. 2 (w.e.f. 10-5-2001).]

Ed. This amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001), sec. 2 (w.e.f 24-9-2001).

Tripura:

In section 125, for the words “five hundred rupees”, substitute the words “one thousand five hundred rupees”. [Vide Tripura Act, 9 of 1999 sec. 2 (w.e.f. 5-11-1999).]

Ed. This Amendment has been made prior to the enactment of the Code of Criminal Procedure

(Amendment)

exceeding five hundred

Act, 2001 (Central Act 50 of 2001) whereby the words”

not

rupees in the whole” have been omitted by sec. 2 (w.e-f.

24-9-2001).

Uttar Pradesh: (i) In section 125, after sub-section (5), insert the following sub-section, namely:—

“(6) where in a proceeding under this section it appears to the Magistrate that the person claiming maintenance is in need of immediate relief for his support and the necessary expenses of the proceeding, the Magistrate may, on his application, order the person against whom the maintenance is claimed, to pay to the person claiming the maintenance, during the pendency of the proceeding such monthly allowance not exceeding five thousand rupees and such nee ty of the

Sec. 125]

The Code of Criminal Procedure, 1973

proceeding enforceable [Vide Code of 36 of 2000), sec. 2 (ii) In section

as

the Magistrate

consider

reasonable

93 and

such

order

shall

be

as an order of maintenance.” Criminal Procedure (Uttar Pradesh Amendment) Act, 1999 (U.P. Act (w.e.f. 13-8-2001).] 125, in sub-section (6), as amended by section 2 of Uttar Pradesh Act

36 of 2000 (w.e.f. 13-8-2001), omit the words “not exceeding five thousand rupees”. [Vide Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 2011 (U.P. Act 15 of 2011), sec. 2.] West Bengal: In section 125, in sub-section (1),—

(1) for the words “five hundred rupees”, substitute the words “one thousand and five hundred rupees”. (2) after the existing proviso, following proviso shall be inserted, namely:— “Provided further that where in any proceeding under this section it appears to the Magistrate that the wife referred to in clause (a) or the minor child referred to in clause (b) or the child (not being a married daughter) referred to in clause (c) or the father or the mother referred to in clause (d) is in need

of immediate relief for her or its or his support and the necessary expenses of the proceeding, the Magistrate may, on the application of the wife or the minor child or the child (not being a married daughter) or the father or the mother, as the case may be, order the person against whom the allowance for maintenance is claimed, to pay to the petitioner, pending the conclusion of the proceeding, the expenses of the proceeding, and monthly during the proceeding such allowance as, having regard to the income of such person, it may seem to the Magistrate to be reasonable.” [Vide West Bengal Act 25 of 1992, sec. 4 (w.e.f. 2-8-1993).] Ed. These Amendments have been made prior to the enactment of the Code of Criminal

24-9-2001).

Procedure

(Amendment)

(i) Merely because

Act, 2001 (Central Act 50 of 2001) by sec. 2 (w.e-f.

COMMENTS wife is capable of earning is not sufficient reason

to reduce

maintenance granted to her by Family Court; Shailja v. Khobbanna, AIR 2017 SC 1174. (ii) Construing the term ‘wife’ broad and expansive interpretation should be given to term ‘wife’ to include even those cases where a man and woman have been living together as husband and wife for a reasonably long period of time, strict proof of marriage should not be a pre-condition for maintenance under section 125 of the Code; Chanmuniya v. Virender Kumar Singh Kushwaha, JT 2010 (11) SC 132: (2010) 10 SCALE 602.

(iii) Issuance of recovery warrant against husband without firstly deciding his objection under section 125(3) is improper. It is duty of the Court to first decide objection filed by husband; Dilshad Haji Risal v. State of Uttar Pradesh, AIR 2005 All 403. (iv) The fact by evidence established that the marriage solemnized on misrepresentation showing death of earlier wife, petitioner’s wife and daughter are entitled to maintenance; Malika v. P. Kalandi, 2000 Cr LJ 142 (Mad). (v) Grant of maintenance order under section 24 is not a barrier for grant of maintenance; Vallabhaneni Yedukondalu v. Vallabhaneni Nagewanapara, 2000 Cr LJ 333 (AP).

(vi) Provision is a measure of social justice extended to protect women and children, the object to prevent vagrancy and destitution. It provides speedy remedy to deserted women; Dwarika Prasad Satpathy v. Bidyut Prava Dixit, AIR 1999 SC 3348.

proceeding order and does not (vii) Order passed under section 125 is summary the rights of parties; Dwarika Prasad Satpathy v. Bidyut Prava Dixit, AIR 1999 a 3348. (viii) Discharge of obligation that husband has no means and did not neglect or refuse to maintain lies on husband; Rajathi v. C. Ganesan, (1999) 6 SCC 326: AIR 1999 SC 2374: 1999 (5) JT 29. (ix) Fact that husband was living with another woman would entitle the wife to live Separately and would amount to neglect or refusal to maintain. Her statement that wife

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[Sec. 125

is unable to maintain herself is sufficient; Rajathi v. C. Ganesan, (1999) 6 SCC 326: AIR 1999 SC 2374. (x) While deciding the case of entitlement of child, paternity and not legitimacy has to be seen; Darje Wangial v. Karam Singh, (1997) 2 Crimes 570 (HP).

(xi) Once there is a decree for restitution of conjugal rights, it is the duty of the wife to obey the same and she cannot refuse to abide by the same and make a complaint that the husband has refused to maintain her; Hem Raj v. Urmila Devi, (1997) 2 Crimes 561 (HP). (xii) The marriage of a woman in accordance with the Hindu rites with a man

having a living spouse is a complete nullity in the eye of law and she is not entitled to the benefit of section

125 of the Code;

Yamunabai

Anantrao

Adhav v. Anantrao

Shivram

Adhav, (1988) Cr LJ 793: AIR 1988 SC 644. (xiii) When husband writes a letter to wife to come back to him otherwise the letter may be treated as divorce, this unreasonable threat constitute sufficient reason for wife not to live with him and claim maintenance; Kliatoon v. Mohd. Yamin, AIR 1982 SC 853. (xiv) Maintenance can be allowed to wife when husband is impotent; Siraj Mohammed Khan Jan Mohammed

Khan v. Hafizunnisa Yasin Khan, AIR 1981 SC 1972: (1981) Cr LJ 1430:

(1981) 4 SCC 250.

126. Procedure.—(1) Proceedings under section 125 may be taken against any person in any district— (a) (b)

where he is, or where he or his wife resides, or

(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child. (2) All evidence to such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases: Provided that if the Magistrate is satisfied that the person against whom an

order for payment of maintenance is proposed to be made is wilfully service, or wilfully neglecting to attend the Court, the Magistrate may to hear and determine the case ex parte and any order so made may be for good cause shown on an application made within three months

avoiding proceed set aside from the

date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper. (3) The Court in dealing with applications under section 125 shall have power to make such order as to costs as may be just. COMMENT

Ex parte order passed can be set aside under section 126(2) if good cause shown; Surya Kanth v. Allamprabhu, 2000 Cr LJ 120 (Karn). 127. Alteration in allowance.—'[(1) On proof of a change in the circumstances

of any person, receiving, under section 125 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be.] 1. Subs. by Act 50 of 2001, sec. Xi), for sub-section (1) (w.e.f. 24-9-2001).

Sec. 127]

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95

(2) Where it appears to the Magistrate that, in consequence of any decision of a competent Civil Court, any order made under section 125 should be cancelled

or varied, he shall cancel the order or, as the case may be, vary the

same accordingly. (3) Where any order has been made under section 125 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that— (a)

the woman has, after the date of such divorce, such order as from the date of her remarriage;

(5)

the woman received,

remarried,

cancel

has been divorced by her husband and that she has

whether

before

or after the date of the said order, the

whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order— (i)

in the case where such sum was paid before such order, from the date on which such order was made,

(ii) in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman; (c)

the woman

has obtained a divorce from her husband and that she

had voluntarily surrendered her rights to '[maintenance or interim maintenance, as the case may be] after her divorce, cancel the order from the date thereof. (4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom *[monthly allowance for the maintenance and interim maintenance or any of them has been ordered] to be paid under section 125, the Civil Court shall take into account

that sum

which

has been paid to,

or recovered by, such person ‘[as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of] the said order. STATE

Madhya

AMENDMENTS

Pradesh:

In section 127, in sub-section (1), for the words words “father, mother, grandfather, grandmother”.

“father or mother”, substitute the

[Vide Madhya Pradesh Act 15 of 2004, sec. 4 (w.e.f. 26-11-2004).] Maharashtra:

In section 127,— (a) in sub-section

(1), in the proviso,

for the words

“five

hundred

rupees”,

substitute the words “fifteen hundred rupees”; 1. Subs. by Act 50 of 2001, sec. 3(ii), for “maintenance” 2. Subs. by Act 50 of 2001, sec. Xiii)(a), for “monthly

(w.e.f. 24-9-2001). allowance

has been ordered”

(w.e.f.

24-9-2001). 3. Subs. by Act 50 of 2001, sec. 3(iii)(b), for “as monthly allowance in pursuance of” (w.e.f. 24-9-2001).

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[Sec. 127

(b) in sub-section (4),—

(i) for the words

“monthly allowance”,

where

they occur for the first time,

substitute the words “maintenance allowance”; (ii) after the words “monthly allowance”, where they occur for the second time, insert the words “or, as the case may be, the lump-sum allowance”. [Vide Maharashtra Act 21 of 1999, sec. 3 (w.e.f. 20-4-1999).]

Ed. These amendments Criminal

Procedure

have been made prior to the enactment

(Amendment)

Act, 2001

(Central

Act

of the Code of

50 of 2001)

sec.

3 (w.e-f.

24-9-2001). Rajasthan: In section

127, in sub-section

(1), in the proviso,

for the words

“five hundred”

occurring after the words “the monthly rate of” and before the words “rupees in the whole” substitute the words “two thousand five hundred”. [Vide Rajasthan Act 3 of 2001, sec. 3 (w.e.f. 1-5-2001).]

Ed. This amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001), sec. 3 (w.e.f. 24-9-2001).

Tripura: In section 127, in sub-section (1), in the proviso, for the words “five hundred rupees”,

substitute the words “one thousand five hundred rupees”. [Vide Tripura Act 9 of 1999 sec. 3 (w.e.f. 9-4-1999).]

Ed. This Amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001), sec. 3 (w.e.f. 24-9-2001).

West Bengal: In section 127, in sub-section (1), in the proviso, for the words “five hundred rupees”, substitute the words “one thousand and five hundred rupees”. [Vide West Bengal Act 14 of 1995, sec. 2 (w.e.f. 2-8-1995).]

Omit proviso to sub-section (1). [Vide West Bengal Act 33 of 2001, sec. 4.] Ed. These Amendments

have been made prior to the enactment of the Code of

Criminal Procedure (Amendment)

Act, 2001 (Central Act 50 of 2001) by sec. 3 (w.e-f.

24-9-2001).

128. Enforcement of order of maintenance——A copy of the order of '[maintenance or interim maintenance and expenses of proceeding, as the case may be,] shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to [whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be,] is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the *[allowance, or as the case may be, expenses, due].

1. Subs. by Act 50 of 2001, sec. 4(i), for “maintenance” (w.e.f. 24-9-2001). 2. Subs. by Act 50 of 2001, sec. 4(ii), for “whom the allowance” (w.e-f. 24-9-2001). 3. Subs. by Act 50 of 2001, sec. 4(iii), for “allowance due” (w.e.f. 24-9-2001 ).

Sec. 132]

The Code of Criminal Procedure, 1973

CHAPTER MAINTENANCE

OF

PUBLIC

97

X

ORDER

AND

TRANQUILLITY

A.—Unlawful assemblies 129. Dispersal of assembly by use of civil force——(1) Any Executive Magistrate or officer incharge of a police station or, in the absence of such officer incharge, any police officer, not below the rank of a sub-inspector, may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly. (2) If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a

determination not to disperse, any Executive Magistrate or police officer referred to in sub-section (1), may proceed to disperse such assembly by force, and may require the assistance of any male person, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in

order to disperse such assembly or that they may be punished according to law. 130. Use of armed forces to disperse assembly.—(1) If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces. (2) Such Magistrate may require any officer in command of any group of persons belonging to the armed forces to disperse the assembly with the help of the armed forces under his command, and to arrest and confine such persons forming part of it as the Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law. (3) Every such officer of the armed forces shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons. 131. Power of certain armed force officers to disperse assembly.—When the public security is manifestly endangered by any such assembly and no Executive

Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such action. 132. Protection against prosecution for acts done under preceding sections.—(1) No prosecution against any person for any act purporting to be

done under section 129, section 130 or section 131 shall be instituted in any Criminal Court except—

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The Code of Criminal Procedure, 1973

(a)

with the sanction of the Central Government an officer or member of the armed forces;

[Sec. 132

where such person is

(b) with the sanction of the State Government in any other case. (2) (a) No Executive Magistrate or police officer acting under any of the said sections in good faith;

(b) no person doing any act in good faith in compliance with a requisition

under section 129 or section 130; (c) no officer of the armed forces acting under section 131 in good faith;

(d) no member of the armed forces doing any act in obedience to any order which he was bound to obey, shall be deemed to have thereby, committed an offence. (3) In this section and in the preceding sections of this Chapter,— (a) the expression “armed forces” means the military, naval and air forces, operating as land forces and includes any other Armed Forces of the Union so operating; (b)

“officer”,

in

relation

to

the

armed

forces,

means

a_

person

commissioned, gazetted or in pay as an officer of the armed forces and includes a junior commissioned officer, a warrant officer, a petty

officer, a non-commissioned officer and a non-gazetted officer; (c)

“member”,

in relation to the armed

forces, means

a person in the

armed forces other than an officer. B.—Public

133. Conditional

nuisances

order for removal of nuisance.—(1) Whenever

a District

Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers— (a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or (b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or

(c) that the construction of any building, or, the disposal of any substance, as is likely to occasion conflagration or explosion, should

be prevented or stopped; or (d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or

carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or

Sec. 135]

The Code of Criminal Procedure, 1973

99

(e)

that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or

(f)

that

any

dangerous

animal

should

be

destroyed,

confined

or

otherwise disposed of, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order— (i)

(ii)

to remove

such obstruction or nuisance; or

to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner

as may be directed; or

(iii)

to prevent or stop the construction of such building, or to alter the disposal of such substance; or

(iv)

to remove, repair or support such building, tent or structure, or to remove or support such trees; or

(v)

(vi)

to fence such tank, well or excavation; or

to destroy, confine or dispose of such dangerous animal manner

provided

in the

in the said order;

or, if he objects so to do, to appear before himself or some other Executive

Magistrate subordinate to him at a time and place to be fixed by the order, and show cause, in the manner

hereinafter provided, why the order should

not be

made absolute. (2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court. Explanation—A “public place” includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes. 134. Service or notification of order.—(1) The order shall, if practicable, be

served on the person against whom it is made, in the manner herein provided for service of a summons. (2) If such order cannot be so served, it shall be notified by proclamation, published in such manner as the State Government may, by rules, direct, and

a copy thereof shail be stuck up at such place or places as may be fittest for conveying the information to such person. 135. Person to whom order is addressed to obey or show cause,—The person against whom such order is made shall— (a)

perform, within the time and in the manner specified in the order, the act directed thereby; or

(b) appear in accordance with such order and show cause against the same.

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1973

[Sec. 136

136. Consequences of his failing to do so.—If such person does not perform such act or appear and show cause, he shall be liable to the penalty prescribed in that behalf in section 188 of the Indian Penal Code (45 of 1860,) and the order

shall be made absolute. 137. Procedure where existence of public right is denied.—_{1) Where an order is made under section 133 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 138, inquire into the matter. (2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings until the matter of the existence of such right has been decided by a competent Court; and, if he finds that there is no such evidence, he shall proceed as laid down in section 138. (3) A person who has, on being questioned by the Magistrate under sub-section (1), failed to deny the existence of a public right of the nature therein

referred

to, or who, having

made

such

denial, has failed

to adduce

reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial. 138. Procedure where he appears to show cause.—(1) If the person against whom an order under section 133 is made appears and shows cause against the order, the Magistrate shall take evidence in the matter as in a summons-case. (2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper,

the order shall be made absolute without modification or, as the case may be, with such modification. (3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case. 139. Power of Magistrate to direct local investigation and examination of an expert.—The Magistrate may, for the purposes of an inquiry under section 137 or section 138—

(a) direct a local investigation to be made by such person as he thinks fit; or (b)

summon

and examine an expert.

140. Power of Magistrate to furnish written instructions, etc-——(1) Where the Magistrate directs a local investigation by any person under section 139, the Magistrate may— (a)

furnish such person

with such written

necessary for his guidance;

instructions as may

seem

(b) declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid. (2) The report of such person may be read as evidence in the case.

Sec. 144]

The Code of Criminal Procedure,

1973

101

(3) Where the Magistrate summons and examines an expert under section 139, the Magistrate may direct by whom the costs of such summoning and examination shall be paid.

141.

Procedure

disobedience.—(1)

on When

order

being

made

absolute

and

consequences

of

an order has been made absolute under section 136

or section 138, the Magistrate whom the order was made, directed by the order within that, in case of disobedience,

shall give and shall a time to he will be

notice of the same to the person against further require him to perform the act be fixed in the notice, and inform him liable to the penalty provided by section

188 of the Indian Penal Code (45 of 1860).

(2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without such Magistrate’s local jurisdiction and if such other property is without such jurisdiction, the order shall authorise its attachment and sale when endorsed by the Magistrate within whose local jurisdiction the property to be attached is found. (3) No suit shall lie in respect of anything done in good faith under this section.

142. Injunction

pending

inquiry.—(1)

If a Magistrate making an order

under section 133 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter.

(2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury. (3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section. 143. Magistrate may prohibit repetition or continuance of public nuisance.—A District Magistrate or Sub-divisional Magistrate, or any other Executive Magistrate empowered by the State Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Indian Penal Code (45 of 1860), or any special

or local law. C.—Urgent cases of nuisance or apprehended danger 144. Power to issue order in urgent cases of nuisance or apprehended danger.—(1) In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered

by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to

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The Code of Criminal Procedure, 1973

[Sec. 144

abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquillity, or a riot, or an affray. (2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom

the order is directed, be passed ex parte.

(3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area. (4) No order under

this section shall remain

in force for more

than two

months from the making thereof: Provided

that, if the State Government

considers

it necessary

so to do for

preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification. (5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section, by himself or any Magistrate subordinate to him or by his predecessor-in-office. (6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4).

(7) Where an application under sub-section (5), or sub-section (6) is received,

the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by pleader and showing cause against the order, and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing. COMMENTS

Prohibitary Orders — Necessary requirement Section 144 of the Cr.P.C. deals with immediate prevention and Therefore, before invoking such a provision, the statutory authority regarding the existence of the circumstances showing the necessity action; Ramlila Maidan Incident v. Home Secretary, Union of India, (2012) JT 1: 2012 (2) SCALE 682: 2012 Cr LJ 3516.

speedy remedy. must be satisfied of an immediate 5 SCC 1: 2012 (3)

'[144A. Power to prohibit carrying arms in procession or mass drill or mass training with arms.—(1) The District Magistrate may, whenever he considers

it necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, by public notice or by order, prohibit in any area within the local limits of his jurisdiction, the carrying of arms in any Procession or the organising or holding of, or taking part in, any mass drill or Mass training with arms in any public place. 1.

Ins. by Act 25 of 2005, sec.

16

Sec. 145]

The Code of Criminal Procedure, 1973

103

(2) A public notice issued or an order made under this section may be directed to a particular person or to persons belonging to any community, party or organisation. (3) No public notice issued or an order made under this section shall remain in force for more than three months from the date on which it is issued or made.

(4) The State Government may, if it considers necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, by notification, direct that a public notice issued or order made by the District Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which such public notice or order was

issued or made by the District Magistrate would

have, but for such

direction, expired, as it may specify in the said notification. (5) The State Government may, subject to such control and directions as it may deem fit to impose, by general or special order, delegate its powers under sub-section (4) to the District Magistrate. Explanation.—The word “arms” shall have the meaning assigned to it in section 153AA of the Indian Penal Code (45 of 1860).]

D.—Disputes

as to immovable

property

145. Procedure where dispute concerning land or water is likely to cause breach

of peace—(1)

Whenever

an

Executive

Magistrate

is satisfied

from

a

report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute. (2) For the purposes of this section, the expression “land or water” includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property. (3) A copy of the order shall be served in the manner provided by this Code for the service of a summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute. (4) The Magistrate shall then, without reference to the merits or the claims

of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of the parties was, at the date of the order made by him under sub-section (1), in possession of the subject of dispute: Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which

the report of a police officer or other information was received by the Magistrate,

or after that date and before the date of his order under sub-section (1), he may

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The Code of Criminal Procedure, 1973

[Sec. 145

treat the party so dispossessed as if that party had been in possession on the date of his order under sub-section (1).

(5) Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the Magistrate under sub-section (1) shall be final. (6) (a) If the Magistrate

decides

that one

of the parties was,

or should

under the proviso to sub-section (4) be treated as being, in such possession of the said subject, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed. (b) The order made under this sub-section shall be served and published in the manner laid down in sub-section (3).

(7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto. (8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the saleproceeds thereof, as he thinks fit.

(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing. (10) Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to proceed under section 107. STATE

AMENDMENT

Maharashtra: In section 145,—

(a) in sub-section (1), for the words “Whenever an Executive Magistrate”, substitute

the words “Whenever in Greater Bombay, a Metropolitan Magistrate and elsewhere in the State, an Executive Magistrate”;

(b) for sub-section (10), substitute the following sub-section, namely:—

“(10) In the case of an Executive Magistrate taking action under this section nothing in this section shall be deemed to be in derogation of his power to proceed under section 107. In the case of a Metropolitan Magistrate taking action under this section, if at any stage of the proceeding, he is of the opinion that the dispute calls for an action under section 107, he shall, after recording

Sec. 147]

The Code of Criminal Procedure, 1973

105

his reasons, forward the necessary information to the Executive Magistrate having jurisdiction to enable him to proceed under that section.” [Vide Maharashtra Act 1 of 1978, sec. 2 (w.e.f. 15-4-1978).]

146. Power to attach subject of dispute and to appoint receiver.—(1) If

the Magistrate at any time after making the order under sub-section (1) of section 145 considers the case to be one of emergency, or if he decides that none

of the parties was then in such possession as is referred to in section 145, or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof:

Provided that such Magistrate may withdraw the attachment at any

time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute. (2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject of dispute has been appointed by any Civil Court, make such arrangements as he considers proper for looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908):

Provided that in the event of a receiver being subsequently appointed in

relation to the subject of dispute by any Civil Court, the Magistrate— (a) shall order the receiver appointed by him to hand over the possession of the subject of dispute to the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed

by him; (b) may make such other incidental or consequential orders as may be just. COMMENTS

(i) Passing of order without proper enquiry is nullity; C.K.P. Mennon v. K.P. Sulaiman, 2000 Cr LJ 221 (Mad). (ii) The determination of rights by the competent court of the parties spoken of in section 146 has not necessarily to be a final determination, it may be even tentative at

the interim stage when the competent court passes an order of interim injunction or appoints a receiver in respect of subject matter of dispute pending final decision in the suit; Dharampal v. Ramshri, (1993) 1 Crimes 304 (SC).

147. Dispute concerning right of use of land or water.—(1) Whenever an

Executive Magistrate is satisfied from the report of a police officer or upon other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water within his local jurisdiction, whether such right be claimed as an easement or otherwise, he shall make an order in writing, stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend his Court in person or by pleader on a specified date and time and to put in written statements of their respective

106

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[Sec. 147

Explanation.—The expression “land or water” has the meaning given to it in sub-section (2) of section 145.

(2) The Magistrate shall then peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence, if any, as he thinks necessary and, if possible, decide whether such right exists; and the provisions of section

145 shall, so far as may be, apply in the case of such inquiry. (3) If it appears to such Magistrate that such rights exist, he may make order prohibiting any interference with the exercise of such right, including, a proper case, an order for the removal of any obstruction in the exercise any such right: Provided that no such order shall be made where the right is exercisable

an in of

at all times of the year, unless such right has been exercised within three months next before the receipt under sub-section (1) of the report of a police officer or other information leading to the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the tight has been exercised during the last of such seasons or on the last of such

occasions before such receipt. (4) When in any proceedings commenced under sub-section (1) of section 145 the Magistrate finds that the dispute is as regards an alleged right of user of land or water, he may, after recording his reasons, continue with the proceedings as if they had been commenced under sub-section (1); and when in any proceedings commenced under sub-section (1) the Magistrate finds that the dispute should be dealt with under section 145, he may, after recording his reasons, continue with the proceedings as if they had been commenced

under sub-section (1) of section 145. STATE

AMENDMENT

Maharashtra:

In section 147, in sub-section (1), for the words “Whenever an Executive Magistrate”,

substitute the words “Whenever in greater Bombay, a Metropolitan Magistrate and elsewhere in the State, an Executive Magistrate”. Saving of proceedings pending before Executive Magistrates in Greater Bombay under sections 145 to 147 of the Code (Act 2 of 1974)— If any proceedings under sections 145, 146 and 147 of the said Code are pending before any Executive Magistrate in Greater Bombay on the day immediately preceding

the date of commencement of this Act, they shall be continued, heard and disposed of

by that Magistrate, as if this Act had not been passed. |Vide Maharashtra Act 1 of 1978, sec. 3 (w.e.f. 15-4-1978).]

148. Local inquiry—(1) Whenever a local inquiry is necessary for the purposes of section 145, section 146 or section 147, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid. (2) The report of the person so deputed may be read as evidence in the case.

Sec. 151]

The Code of Criminal Procedure,

1973

107

(3) When any costs have been incurred by any party to a proceeding under section 145, section 146 or section 147, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion and such costs may include any expenses incurred in respect of witnesses and of pleaders’ fees, which the Court may consider reasonable. CHAPTER

XI

PREVENTIVE ACTION OF THE POLICE 149. Police to prevent cognizable offences.—Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence. 150. Information of design to commit cognizable offences.—Every police officer receiving information of a design to commit any cognizable offence shall communicate

such information to the police officer to whom

he is subordinate,

and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence. 151. Arrest to prevent the commission of cognizable offences.—(1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented. (2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this

Code or of any other law for the time being in force. STATE

AMENDMENT

Maharashtra: In section 151,— (a) in sub-section (2), after the words “required or authorised”, insert the words, “under sub-section (3) or”; (b) after sub-section (2), insert the following sub-section, namely:— “(3) (a) Where a person is arrested under this section and the officer makin

the arrest, or the officer incharge of the police station before whom the arreste person is produced, has reasonable grounds to believe that the detention of the arrested person for a period longer than twenty-four hours from the time of arrest (excluding the time required to take the arrested person from the place of arrest to the Gout of a Judicial Magistrate) is necessary, by reasons that— (i) the person is likely to continue the design to commit, or is likely to commit,

the cognizable offence referred to in sub-section (1) after his release; and (ii) the circumstances of the case are such that his being at large is likely to be

prejudicial to the maintenance of public order, the officer making the arrest, or the officer in charge of the police station, shall produce such arrested person before the nearest Judicial ppb together with a report in writing stating the reasons for the continued detention of such person for a period longer than twenty-four hours. (b) Notwithstanding anything contained in this Code or any other law for the time being in force, where the Magistrate before whom such arrested person is produced is satisfied that there are reasonable grounds for the temporary detention of such person in custody beyond the “ap of twenty-four hours, he may, from time to time, by order remand such person to such custody as

he may think fit: Provided that, no person shall be detained under this section for a period exceeding fifteen days at a time, and for a total period exceeding thirty days from the date of arrest of such person.

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[Sec. 151

(c) When any person is remanded to custody under clause (b), the Magistrate shall, as soon as may be, communicate to such person the grounds on which the order has been made and such person may make a representation against the order to the Court of Session. The Sessions Judge may, on receipt of such representation, after holding such coy as he deems fit, either reject the representation, or if he considers that further detention of the arrested person is not necessary, or that it is otherwise proper and just so to do, may vacate the order and the arrested person shall then be released forthwith.” [Vide Maharashtra Act 7 of 1981, sec. 8 (w.r.e.f. 27-8-1980).]

152. Prevention of injury to public property.—A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark or buoy or other mark used for navigation. 153. Inspection of weights and measures.—(1) Any officer in charge of a police station may, without a warrant, enter any place within the limits of such

station for the purpose of inspecting or searching for any weights or measures

or instruments for weighing, used or kept therein, whenever he has reason to believe that there are in such place any weights, measures or instruments for weighing which are false.

(2) If he finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction.

CHAPTER INFORMATION

THEIR

TO

POWERS

XII

THE

TO

POLICE

AND

INVESTIGATE

154. Information in cognizable cases.—(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf: '[Provided that if the information is given by the woman against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, *[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been

committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer: Provided further that— (a) in the event that the person against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, *[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been

committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person’s choice, 1. Ins. by Act 13 of 2013, sec. 13 (w.r.e.f. 3-2-2013). 2. Subs. by Act 22 of 2018, sec. 11(i), for “section 376A, section 376B, section 376C, section 376D” (w.r.e.f. 21-4-2018). 3. Subs. by Act 22 of 2018, sec. 11(ii), for “section 376A, section 376B, section 376C, section 376D” (w.re.f. 21-4-2018).

te

Sec. 154]

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109

in the presence of an interpreter or a special educator, as the case may be;

(b) (c)

the recording of such information shall be videographed; the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section

164 as soon as possible.] (2) A copy of the information

as recorded

given forthwith, free of cost, to the informant.

under sub-section (1) shall be

(3) Any person, aggrieved by a refusal on the part of an officer in charge of a

police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence: STATE

AMENDMENT

Chattisgarh: In section 154, in first proviso to sub-section (1), for the words and figure “or section 509”, substitute the words, figures, letters and punctuations “, section 509, section 509A

or section 509B”.

[Vide Chattisgarh Act 25 of 2015, sec. 7 (w.e.f. 21-7-2015).] COMMENTS

(i) FIR prima facie disclosing commission of alleged offences against accused persons cannot be quashed in part My igh Court going into minutest details of case; Dineshbhai Chandubhai Patel v. State Te ujarat, AIR 2018

314.

(ii) Filing of second FIR against same accused and in respect of same incident as mentioned in first FIR is permissible, when second FIR is filed as counter-complaint b 374 person based on different allegations; P. Sreekumar v. State of Kerala, AIR 2018 1482. (iii) Absence of names of accused persons in FIR cannot be a ground to raise doubts about prosecution case; Mukesh v. State of NCT of Delhi, AIR 2017 SC 2161. (iv) The word “shall” used in section 154 leaves no discretion in police officer to hold preliminary inquiry before recording FIR. Use of expression “information” without any qualification also denotes that police has to record information despite it being unsatisfied its reasonableness or credibility; Lalita Kumari v. Government of Uttar Pradesh, AIR

14 SC 187.

only

(v) F.LR. under section 154 of the Code is not a substantive use is to contradict or corroborate the matter thereof; Shambhu

piece of evidence. Its Dass v. State of Assam,

AIR 2010 SC 3300: (2010) 10 SCC 374: JT 2010 (9) SC 470: (2010) 9 SCALE 558.

(vi) In order for a message or communication to be qualified to be a F.I.R., there must be something in the nature of a complaint or accusation or at least some information of the crime given with the object of setting the police or criminal law in motion. It is true that a First Information Report need not contain the minutest details as to how the offence had taken place nor it is required to contain the names of the offenders or witnesses. But it must at least contain some information about the crime committed as also some information about the manner in which the cognizable offence has been committed. A cryptic message recording an occurrence cannot be termed as F.I.R.; Patai alias Krishna

Kumar vy. State of Uttar Pradesh, AIR 2010 SC 2254. (vii) A mere information received on phone by a Police Officer without any details as regards the identity of the accused or the nature of ees caused by the victims as well as the name of the ig may not be treated as FIR; Ravishwar Manjhi v. State of Jharkhand, AIR 2009 SC 1262.

(viii) Mere delay in lodging

the FIR is not necessarily fatal to the case of the

that the report was lodged belatedly is a relevant factor prosecution. However, the fact v. State ofMaharashtra, AIR 2007 SC 155. which the court must take notice; Ramdas of the F.I.R. in a given case has been lodged whether ) The answer to the question | a or not is always a question of fact and has to be answered bearing in mind the and also the explanation furnished by the prosecution in case case in question

110

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[Sec. 154

there is some delay in its being lodged. There can be no mathematical computation of the time taken in the lodging of the F.L.R. What the court has to examine is whether the delay is inordinate and whether any cogent explanation is forthcoming in case it is so, some delay in the lodging of the F-LR. is only natural and would not detract from the value to be attached to it. A little delay is sometimes bound to be there; State of Maharashtra v. Joseph Mingal Koli, (1997) 2 Crime 228 (Bom).

(x) It is well settled

that delay simpliciter

rape is not material; State of Maharashtra v.

i

in the lodging of a F.LR. in a case of

Suresh Nivrutti Bhusare, (1997) 2 Crimes 257 (Bom).

First Information Report (FIR) - Object and Contents Thereof Primary object is to set the criminal law into motion and it may not be possible to give every minute detail with unmistakable precision in the FIR. FIR itself is not the proof of a case, but it is a piece of evidence which could be used for corroborating the case of the

prosecution. FIR need not be an encyclopaedia of all the facts and circumstances on which the prosecution relies. It only has to’state the basic case; Jitender Kumar v. State of Haryana, AIR 2012 SC 2488: (2012) 6 SCC 204: 2012 (5) JT 397: 2012 (5) SCALE 606: 2012 Cr LJ 3085.

155. Information

as to non-cognizable

cases and investigation of such

cases.—(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence,

he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate.

(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. (3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case. (4) Where a case relates to two or more offences of which at least one is

cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable. 156. Police officer's power to investigate cognizable case.—(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. (2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate. (3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned. STATE AMENDMENT

Maharashtra: In section 156, after sub-section (3), add the following provisos, namely:— Provided that, no Magistrate shall order an investigation under this section against a “nee who is or was a public servant as defined under any other law for the timebeingin orce, in respect of the act done by such public servant while acting or purporting to act in the discharge of his official duties, except with the previous sanction under section 197 of the Code of Criminal Procedure, 1973 (2 of 1974) or under any law for the time being in force: Provided further that, the sanctioning authority shall take a decision within a period of ninety days from the date of the receipt of the proposal for sanction and in case the sanctioning authority fails to take the decision within the said stipulated period of ni days, the sanction shall be deemed to have been accorded by the sanctioning authority. [vide Maharashtra Act XXXII of 2016, sec. 2.] COMMENTS

(i) It is not within the jurisdiction of the Investigative Agency to refrain itself from holding a proper and complete investigation merely u arriving at_a conclusion that the offences had been committed beyond its territorial jurisdiction. The vested in the Investigating Agency under this section does not restrict the ristliction of the poaey to investigate into a complaint even if it did not territorial poediction to do so; Rasiklal

Dalpatram Thakkar v. State of Gujarat, ATR 2010 SC 715.

Sec. 158]

The Code of Criminal Procedure,

(ii) The Code of Criminal Procedure has conferred

1973

111

power on the statutory authorities

to direct transfer of an investigation from one police station to another in the event it is found that they do not have any jurisdiction in the matter. The Court should not interfere in the matter at an initial stage in regard thereto. If it is found that the investigation has been conducted by an investigation officer who did not have any territorial jurisdiction in the matter, the same should be transferred by him to the police station having requisite Jurisdiction; Naresh Kavarchand Khatri v. State of Gujarat, (2008)

8 SCC 300.

(iii) It is the duty of the Officer-in-Charge of the Police Station to register an FIR when investigation under section 156(3) is directed by the Magistrate, even when the Magistrate explicitly does not say so; Mold. Yousuf v. Afag Jahan, (2006) 1 SCC 627. (iv) The Magistrate has no power to take cognizance of an offence on basis of private complaint that resulted in submission of the report under section 173 consequent upon reference

under

closed the 157.

section

156(3) when

once

he

has accepted

negative

police report and

proceedings; P.V. Krishna Prasad v. K.V.N. Koteslivara Rao, (1991) cry 341. Procedure for investigation.—(1) If, from information received or

otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person,

or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to peeced, to the spot, to investigate the facts and circumstances of the case,

and, if necessary, to take measures for the discovery and arrest of the offender: Provided that— (a)

(b)

when information as to the commission of any such offence is given

against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot; if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case:

'[Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality.] (2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-

section (1), the officer in charge of the police station shall state in his report his reasons for not fully complying with the requirements to that sub-section, and, in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith ify to the informant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate the case or cause it to be investigated. COMMENTS

(i) The Code of Criminal Procedure contemplates two kinds of FIRs. The duly i FIR under section 154 1)is by the informant:te the concerned officer at the police Station. The second kind of F could be which is registered by the police officer on any information received or other than by way

this information has to be duly recorded

of an informant under section 157(]

and the copy has to be sent to the

and even

Magistrate

forthwith; Lalita Kumari v. Government of Uttar Pradesli, AIR 2014 SC 187.

(ii) Section 157 casts a duty upon the investigating officer to forthwith send the report of the ae gageble offence to the concerned Magistrate. The purpose for forthwith sending Magistrate informed of the to the concerned Magistrate is to keep the concerned the investigation of a cognizable offence so that he may be able to control the investigation

and if ired, to issue appropriate directions. Mere delay in the despatch of the F.LR. Sending the report itself is no ground to throw away the prosecution case in its entirety. to the concerned Magistrate is a circumstance which provides a basis to raise suspicion that the F.I.R. is the result of consultation and deliberations and it was recorded much later than the date and time mentioned in it, and discloses that the investigation is not

fair and forth right; Swati Ram v. State of Rajasthan, (1997) 2 Crimes 148 (Raj).

158. Report how submitted.—(1) Every report sent to a Magistrate under

section 157 shall, if the State Government so directs, be submitted through such 1. Ins. by Act 5 of 2009, sec. 11 (w.e.f. 31-12-2009).

112

The Code of Criminal Procedure, 1973

[Sec. 158

superior officer of police as the State Government, by general or special order, appoints in that behalf. sede (2) Such superior officer may give such instructions to the officer in charge of the

police station as he thinks fit, and shall, after recording such instructions

on such report, transmit the same without delay to the Magistrate. 159. Power to hold investigation or preliminary inquiry.—Such Magistrate, on receiving such report, may direct an investigation, or, if he thinks fit, at once

proceed,

or depute any Magistrate subordinate to han to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Code. “160. Police officer’s power to require attendance of witnesses.—(1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required: Provided that no male person '[under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically disabled person] shall be required to attend at any place other than the place in which such male person or woman resides. (2) The State Government may, | rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person,

ST

EL

min sub-section (1) at any place other than his residence.

161. Examination of witnesses by police.—(1) Any police officer makin an investigation under this Chapter, or of police officer not below such ran as the State Government may, y general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case. (2) Such

person shall be bound to answer truly all questions relating

case put to him by such officer, other than questions the answers to which

to such

would

have a tendency to expose him to a criminal charge or to a penalty or forfeiture. (3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records: *[Provided that statement made under this sub-section may also be recorded by audio-video electronic means.] *[Provided further that the statement of a woman against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, ‘[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 509 of the Indian

Penal Code (45 of 1860) is alleged to have been committed or attempted shall be recorded, by a woman police officer or any woman officer.] STATE AMENDMENT Chattisgarh: ="section 161, in second proviso to sub-section (3), substitute the following proviso, namely:— ’ “Provided further that statement of the woman against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 354E, section 376, section 376A, section 376B, section 376C, section 376D, section 376E

section 509, section 509A or section 509B of the Indian Penal Code, is a to have been committed or attempted, shall be recorded, as far as possible, woman police officer and shall also be recorded by audio-video means as far as possible, and it shall be the duty of such police officer to take all such steps as are necessary to protect the identity of the woman.”

[Vide Chattisgarh Act 25 of 2015, sec. 8 (w.e.f. 21-7-2015).] 1. Subs. by Act 13 of 2013, sec. 14 for “under the age of fifteen years or woman” (w.re-f. 3-2-2013). ad Ins. by Act 5 of 2009, sec. 12 (w.e.f. 31-12-2009). 3. Ins. by Act 13 of 2013, sec. 15 (w.re.f. 3-2-2013). 4. Subs. by Act 22 of 2018, sec. 12, for “section 376A, section 376B, section 376C, section 376D” (w.r.e.f. 21-4-2018).

Sec.

163]

The Code of Criminal Procedure,

1973

113

COMMENTS

(i) Court’s failure to put any question on reference to statement under section 161, advance impression cannot be drawn by court; Dandu Laxmi Reddy v. State of Andhra Pradesh, AIK 1999 SC 3255: 1999 (7) SCC 69: 1999 (6) JT 166.

(ii) Court while using a previous statement recorded under section 161 should bear in mind the restrictions mei under section 162; State of Kerala v. Babu, AIR 1999 SC 2161: 1999 (4) SCC 621: 1999(3) JT 394: 1999 (3) Crimes 27 (SC). (iti) The value of prompt ie

of a witness during investigation cannot be

over emphasised because the same eliminates to a very large extent, the possibility of an adulterated occurrence creeping in the testimony of a witness; State of Maharashtra v.

Joseph Mingal Koli, (1997)

2 Crimes 228 (Bom).

(iv) Investigating officer has to perform his duties with the sole object of investigating the allegations and in the course of the investigation he has to take into consideration the relevant material whether against or in favour of the accused; Mohd. Jainal Abedin v.

State of Assam, (1997) 2 Crimes 660 ul auop aq 0} ULeY Sasne> Y>TYyM joe UP J]

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352

The Code of Criminal Procedure, THE

SECOND

1973

[Sch. 2

SCHEDULE

(See section 476)

FORM SUMMONS

TO AN

NO.

1

ACCUSED

PERSON

(See section 61)

i oye

ee See,ee (name of ACCUSEA) Of...........0-0-00020000+ (address)

Wuereas your attendance is necessary to answer to a charge Of... (state shortly the offence charged), you are hereby required to appear in person (or by pleader, as the case may

be) before

oA

Herein fail not.

ae

ee

the (Magistrate)

Of...

Ott: BP is. 8 arene

day

Dated, this...:2-s.:... Ua. cameraaesfe OAD sche (Seal of Court)

(Signature)

FORM WARRANT

NO.

2

OF ARREST

(See section 70)

TD. sawed vest oonsidrveseasiesinss (name and designation of the person or persons who is or are to execute the warrant). Wuereas (name of accused) ot (address) stands charged with the offence of...................

(state the offence), you are hereby directed to arrest the said................00000 , and to produce him before me. Herein fail not. Dates. hSivccsscvace Day Ofvsersscnsv. y brates

(Seal of the Court)

(Signature) (See section 71)

This warrant may be endorsed as follows:—

gi ee shall give bail himself in the sum of rupees................ with} one surety in the sum of rupees............... (or two sureties each in the sum of TUPCCS .ceresdrsvicens ) to attend before me on the................. GAY Birinccmnncr and to continue so to attend until otherwise directed by me, he may be released. Dated, thiS...6.00000.... Gay Gb...ctewsircecees » eaves (Seal of the Court)

BOND

AND

(Signature

FORM

NO. 3

AFTER

ARREST

BAIL-BOND

UNDER

A WARRANT

(See section 81)

I Aevreecovensitnctiviabese A

a

, being brought before the District Magistrate

Dh ccemsseyrcaceivecvebee (or as the case may be) under a warrant issued to compel my appearance to answer to the charge Of.......ccc00 , do hereby bind myself to attend in the Cou A OM GG. evernens OO next, to answer to the said ¢

and to continue so to attend until otherwise directed by the Court, and in case of m making default herein, | bind myself to forfeit, to Government, the sum of rupees. Dated, (iB ..i0-.-vvere Gay OE tncsteninentng aie (Signature

}

Sch. 2]

The Code of Criminal Procedure,

1973

353

I do hereby declare myself surety for the above-named............... We iaiandesinanig that he shall attend before......................-+- SS a ee ee Oe day Altes. 32 next, to answer to the charge on which he has been arrested, and shall continue so to attend until otherwise directed by the Court; and, in case of his making default therein, | bind myself to forfeit, to Government, the sum of rupees. Dated,

this............... GAP Ob oie

Pay

\ bees

(Signature)

FORM NO. 4 PROCLAMATION REQUIRING THE APPEARANCE A PERSON ACCUSED

OF

(See section 82)

WHEREAS

complaint

has

been

made

before

me_

that..........ccccccsssseeees

(name,

description and address) has committed (or is suspected to have committed) the offence ae i ee

, punishable under

section............... of the Indian

Penal Code, and it has

been returned to a warrant of arrest thereupon issued that the said............:ccsee (name) cannot be found, and whereas it has been shown to my satisfaction that the 7”, Se eee (name) has absconded of the said warrant);

(or is concealing himself to avoid the service

Proclamation is hereby made that the said...............100000 OO "gf

eee

complaint on

the...

Dated, tig 2.2.5.53%.

EE: sas sosscesots is required

(place) before this Court (or before me) to answer

the said

day Of 5i2...LA RE. 20s cks:,

day of 0a50.2..: , 20.3.

(Seal of the Court)

(Signature) FORM PROCLAMATION

REQUIRING

NO. 5

THE

ATTENDANCE

OF A WITNESS

(See sections 82, 87 and 90) WHEREAS

complaint

has

been

made

before

me _ that........cccccccsenes

(name,

description and address) has committed (or is suspected to have committed) the offence

atid shancchedonrs (mention the offence concisely) and a warrant has been issued to compel the attendance Of.......--.cceseec0e0 (name, description and address of the witness) before this Court to be examined touching the matter of the said complaint; and whereas it has been returned to the said warrant that the said..............0000 (name of witness) cannot be served, and it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant);

Proclamation is hereby made that the said................0000000 (name) is required to appear a (place) before the Court Off.........ccccccecseee IEE ENE os trceravenreseatoeriyeh day of Retismaatlseeiapeas essere NEXE Ab...cceceeresesseeereeee O'Clock, to be examined touching... the offence complained of. Dated, this..............++ DRY. OS asrperessssrcens 7

oem

(Seal of the Court) (Signature)

354

The Code of Criminal Procedure,

ORDER

OF ATTACHMENT

1973

[Sch. 2

FORM NO. 6 TO COMPEL THE ATTENDANCE (See section

OF A WITNESS

83)

To the officer in charge of the police station at..............0:0000-. WHEREAS a warrant has been duly issued to compel the attendance of Spypatsiatnteetovastestas 2 (name, description and address) to testify concerning a complaint pending before this Court, and it has been returned to the said warrant that it cannot be served: and whereas it has been shown to my satisfaction that he has absconded (or is concealing himself to aviod the service of the said warrant); and thereupon a Proclamation has been or is being duly issued and published requiring the said................0....... to appear and give evidence at the time and place mentioned therein; This is to authorise and require you to attach by seizure the movable property belonging to the said... to the value of rupees... which you may find within the District Of............0.cc000- and to hold the said property under attachment pending the further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution . WMated BtniSs ices bicsesccts day, Of or dnwe: Piet.|Jared

(Seal of the Court) (Signature) ORDER

FORM NO. 7 OF ATTACHMENT TO COMPEL THE OF A PERSON ACCUSED

APPEARANCE

(See section 83)

DOhatectssnverievesisecvecvesens (name and designation of the person or persons who is or are to execute

the warrant).

and

WHEREAS complaint has been made before me that .........c.:c..ccs.e00-- (name, description address)

has

committed

(or

is suspected

to

have

committed)

the

offence

Ol sicracinnsmomvenreeorvts punishable under section................ of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said ......ccccccsseesss-. (name) cannot be found; and whereas it has been shown to my satisfaction that the said

gieovesnedioniieenet (name) has absconded (or is concealing himself to avoid the service of the

said warrant) and thereupon a Proclamation has been or is being published requiring the said... to appear to answer WT vesreesevessererrrooess days; and whereas the said... is following property, other than land paying revenue to Government, ROVUT Ly OF vewrenninetyanniveeie: STi EWS LIIGUTICe, Gilscecenevenssenazeneutnc A

ARE

duly issued and the said charge possessed of the in the village (or POONA

RRR e ee eee eee w eee eeeee ,

and an order has been made for the attachment thereof; You are hereby required to attach the said property in the manner specified in clause (a), or clause (c), or both*, of sub-section (2) of section 83, and to hold the same under

attachment pending further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution. Dated, Bubb. seveseveenvesvevertevten ee ¢ Dewss (Seal of the Court) (Signature) * Strike out the one which is not applicable, depending on the nature of the property to be attached.

—

Sch. 2]

The Code of Criminal Procedure, FORM ORDER

NO.

1973

355

8

AUTHORISING AN ATTACHMENT BY THE MAGISTRATE OR COLLECTOR (See section

To the District Magistrate/Collector

DISTRICT

43)

of the District Of te

WHEREAS complaint has been made before me that.............0:0+ (name, description and address) has committed (or is suspected to have committed) the offence and it has Code, Penal Indian the of section................ Ot Speer Pere punishable under (name) ............-.:000+ said been returned to a warrant of arrest thereupon issued that the

cannot be found; and whereas it has been shown to my satisfaction that the said i iil saIg dlaenio (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said ............-.::000 (name) to appear to answer the said charge within ..........-. days; and whereas the said...............-10 is possessed of certain land paying revenue to Government in the village (or town) Of.........-..::sses0s00 in the District

You are hereby authorised and requested to cause the said land to be attached, in the manner

specified in clause (a), or clause (c), or both*, of sub-section (4) of section

83, and to be held under attachment pending the further order of this Court, and to certify without delay what you may have done in pursuance of this order. PV

RTI occ cscaccncsaseaeess eee

we

(}ee

(Seal of the Court)

(Signature) *

Strike out the one which is not desired.

FORM WARRANT

IN THE

FIRST

NO.

INSTANCE

9 TO

BRING

UP A WITNESS

(See section 87)

cons (name and designation of the police officer or other person or persons UE Segepcaperapacecetbapribinre who is or are to execute the warrant).

WHEREAS complaint has been made before me that .....-.--ee (name and description of accused) OF ........sseerevees (address) has (or is suspected to have) committed EIS CREO EOL. Aesssssivinvsess dexrsi00- (mention the offence concisely), and it appears

likely that

Seenciaaistibepnadeinectcotne (name and description of witness) can give evidence concerning the said complaint and whereas I have good and sufficient reason to believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so; This is to authorise and require you to arrest the Said «0.0.0... (name of witness) +os to bring him before this Court, to be examined touching and on the.......... AY Of -cssovee the offence complained of. oT

A) ee

AY Of scsisssorrctarzosscresis 5 Uae

(Seal of the Court) (Signature)

356

The Code of Criminal Procedure,

FORM

WARRANT

NO.

1973

10

TO SEARCH AFTER INFORMATION A PARTICULAR OFFENCE (See section

[Sch. 2

OF

93)

CU be ers co pr pe (name and designation of the police officer or other person or persons who is or are to execute the warrant). WHEREAS information has been laid (or complaint has been made) before me of the commission (or suspected commission) of the offence Of 00... (mention the

offence concisely), and it has been made to appear to me that the production of BRR hc. devewss aviv (specify the thing clearly) is essential to the inquiry now being made (or about to be made) into the said offence (or suspected offence);

This is to authorise and require you to search for the said...............00000 (the thing SPOCIIeA) Ati GING’ GBs hacen ccatenes (describe the house or place or part thereof to which the search is to be confined), and, if found, to produce the same forthwith before this Court, returning this warrant, with an endorsement certifying what you have done under it, immediately

upon its execution. (Seal of the Court)

WARRANT

(Signature)

FORM NO. 11 TO SEARCH SUSPECTED (See section 94)

PLACE OF DEPOSIT

1G sateestivtidvcane resdibewsits (name and designation of a police officer above the rank of a constable). WHEREAS information has been laid before me, and on due inquiry thereupon had, I have been led to believe that the ..................006 (describe the house or other place) is used

as a place for the deposit (or sale) of stolen property (or iffor either of the other purposes expressed in the section, state the purpose in the words of the section); This is to authorise and require you to enter the said house (or other place) with such

assistance as shall be required, and to use, if necessary, reasonable force for that purpose, and to search every part of the said house (or other place, or if the search is to be confined to a part, specify the part clearly), and to seize and take possession of any property (or documents, or stamps, or seals, or coins, or obscene objects, as the case may be) (add, when the case requires it) and also of any instruments and materials which you may reasonably believe to be kept for the manufacture of forged documents, or counterfeit stamps, or false seals or counterfeit coins or counterfeit currency notes (as the case may be), and forthwith to bring before this Court such of the said things as may be taken possession of, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Dated, tis css eenienvane BBY.

erritrcevercevernviey y Deans

(Seal of the Court)

(Signature)

FORM BOND

NO. 12

TO KEEP THE PEACE

(See sections 106 and 107)

igi 2

(name) inhabitant Of

.........00.c.ccccce (place), have been

called upon to enter into a bond to keep the peace for the term of.............. or until the completion of the inquiry in the matter Of.........0cccc08 now pending in the Court Briiseveriveveiiores , | hereby bind myself not to commit a breach of the peace, or do any act

Sch. 2]

The Code of Criminal Procedure,

1973

357

that may probably occasion a breach of the peace, during the said term or until the completion of the said inquiry and, in case of my making default therein, I hereby bind myself to forfeit to Government the sum of rupees............... Dinter, Ci icine

I

aia

actsceinsecincng Bsus: (Signature)

BOND

FORM NO. 13 FOR GOOD BEHAVIOUR

(See sections

WRRTRREAS

108, 109 and

110)

Dy vicicseeneoscaneapenssns (name), inhabitant of (place)..........:s::cce0 , have been

called upon to enter into a bond to be of good behaviour to Government and all the citizens of India for the term of ................ (state the period) or until the completion of the inquiry in the matter of................+. now pending in the Court Of...........cscee , | hereby bind myself to be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and, in case of my making default therein, I hereby bind myself to forfeit to Government the sum of rupees...............

Eened, Gi

Recreate

ncvedoren- LORE (Signature)

(Where a bond with sureties is to be executed, add...)

We will be term or therein,

do hereby declare ourselves sureties for the above-named............::1:0:::0+ that he of good behaviour to Government and all the citizens of India during the said until the completion of the said inquiry; and, in case of his making default we bind ourselves, jointly and severally, to forfeit to Government the sum of

(Signature)

FORM SUMMONS

ON

INFORMATION

NO.

OF A PROBABLE (See section

Cg

tee ye are

Opp es

14 BREACH

OF THE

PEACE

113)

Pere

WHEREAS it has been made to appear to me by credible information that ............+..+.+ (state the substance of the information), and that you are likely to commit a breach of the peace (or by which act a breach of the peace will probably be occasioned), you are hereby required to attend in person (or by a duly authorised agent) at the office of the Magistrate loiitcsiseksnictisssins CHL acest sensics day Of 20sress-0s-.00 at ten o'clock in the forenoon, to show cause why you should not be required to enter into a bond for rupees... [when sureties are required, add, and also to give security by the bond of one (or two, as the case may be) surety (or sureties) in the sum of rUPeeS........-0.0 (each if more than one)} that you will keep the peace for the term Of... PTO

HRA socalPico von vin dns v0vie AY Of .ressororsersonvenesvnis + BOE»

(Seal of the Court)

(Signature)

358

The Code of Criminal Procedure,

WARRANT

FORM NO. 15 OF COMMITMENT ON FAILURE TO KEEP THE PEACE (See section 122)

1973

TO

[Sch. 2

FIND

SECURITY

his authorised agent) on the..........

ian

(Signature)

Sch. 2]

The Code of Criminal Procedure, FORM WARRANT

TO

NO.

17

122 and

i

ON

123)

To the Officer in charge of the Jail at... the person is).

|)

359

DISCHARGE A PERSON IMPRISONED FAILURE TO GIVE SECURITY (See sections

[i

1973

(or other officer in whose custody

Re SES Se Rea (name and description of prisoner) was committed to your

custody under warrant of the Court, dated the.......... oC! aaa

20.....; and has since

duly given security under section............... of the Code of Criminal Procedure, 1973.

or WROTEAS ssenciitinenssiiogeetrane (name and description of prisoner) was committed to your

custody under warrant of the Court, dated the.......... I (state the number of days or hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said sum, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.

(Seal of the Court)

(Signature) FORM

ORDER

FOR THE

NO.

20

REMOVAL

(See section

OF NUISANCES

133)

Opener arsine siecceccuss (name, description and address).

WHEREAS it has been made to appear to me that you have caused an obstruction (or nuisance) to persons using the public roadway (or other public place) which, Ctl tvereveccienevereneasedd (describe the road or public place), DY, €tC. .........csseeeeeeeee , (state what it is that causes the obstruction or nuisance), and that such obstruction (or nuisance) still exists; or

WHEREAS it has been made to appear to me that you are carrying on, as owner, or manager, the trade or occupation Of ..........:ccceeeees (state the particular trade or occupation and the place where it is carried on), and that the same is injurious to the public health (or comfort) by reason «2.0.0... (state briefly) in what manner the injurious effects are caused), and should be suppressed or removed to a different place. or

WHEREAS it has been

made to appear to me that you are the owner (or are in

possession of or have the control over) a certain tank (or well or excavation) adjacent

to the public way .......:.sseeeenes (describe the thoroughfare), and that the safety of the public

is endangered by reason of the said

(or insecurely fenced);

tank (or well or excavation) being without a fence

or WHEREAS, etc., etc., (as the case may be);

I do hereby direct and require you Within .......ccccun (state the time allowed) ereeresvrvevsnevevagtanes (state what is required to be done to abate the nuisance) or to appear a in the Court of.......... TY Cte iereneesnvveiord BAY crrevnnseveersitied next, and to show cause why this order should not be enforced;

Sch. 2]

The Code of Criminal Procedure,

1973

361

or

| do hereby direct and require you within ............... (state the time allowed) to cease carrying on the said trade or occupation at the said place, and not again to carry on the same, or to remove the said trade from the place where it is now carried on, or to appear,

etc;

or I do hereby direct and require you within ............... (state the time allowed) to put up a sufficient fence .............cceeee (state the kind of fence and the part to be fenced); or to appear, etc;

or I do hereby direct and require you, etc., etc., (as the case may be).

(Seal of the Court)

(Signature)

FORM MAGISTRATE’S

NOTICE

NO. AND

(See section

27 Seget sa

Ro ne 38

21 PEREMPTORY

ORDER

141)

(name, description and address).

Dea OM aie sienostinss FEGUATINGE YOU bc-ccesceavesensssaivess (state substantially the requisition in the order) is reasonable and proper. Such order has been made absolute, and I hereby direct and require you to obey the said order within ............... (state the time allowed), on peril of

the penalty provided by the

Indian Penal Code for disobedience thereto.

(Seal of the Court)

INJUNCTION

TO PROVIDE

(Signature)

FORM NO. 22 AGAINST IMMINENT

DANGER

PENDING

INQUIRY (See section

142)

PREY oecssane etimvtaussivicce’ (name, description and address).

WHEREAS the inquiry into the conditional order issued by me on the............+. day Posies 20....., is pending, and it has been made to appear to me that the nuisance mentioned in the said order is attended with such imminent danger or injury of a serious kind to the public as to render necessary immediate measures to prevent such danger or injury, | do hereby, under the provisions of section 142 of the Code of Criminal (state plainly what is Procedure, 1973, direct and enjoin you forthwith to 0... required to be done as a temporary safeguard), pending the result of the inquiry. EEL,

ME a nieetetorirv¥ventenri AY OL....cssesnsstlsvoververss Re

(Seal of the Court)

(Signature)

362

The Code of Criminal Procedure, FORM MAGISTRATE’S

ORDER

NO.

[Sch. 2

23

PROHIBITING THE OF A NUISANCE (See section

1973

REPETITION,

ETC.,

143)

DO) &jnsevcssgereatencse nbtees (name, description and address) WHEREAS it has been made to appear to me that, efC.,..........0:00 (state the proper recital, guided by Form No. 20 or Form No. 24, as the case may be);

I do hereby strictly order and enjoin you not to repeat or continue, the said nuisance. (Seal of the Court)

MAGISTRATE’S

(Signature)

ORDER

FORM NO. 24 TO PREVENT OBSTRUCTION, (See section

RIOT, ETC.

144)

BU Ofessxssseteesecusecsste sete (name, description and address)

WHEREAS it has been made to appear to me the management) Of............::::0000+ (describe clearly drain on the said land, you are about to throw stones dug-up upon the adjoining public road, so persons using the road.

that you are in possession (or have the property), and that, in digging a or place a portion of the earth and as to occasion risk of obstruction to

or it has been made to appear to me that you and a number of other

WHEREAS POTSONS: ssc i deceiceass (mention the class of persons) are about to meet and proceed in a procession along the public street, etc., (as the case may be) and that such procession is likely to lead to a riot or an affray;

or WHEREAS,

etc., etc., (as the case may be);

I do hereby order you not to place or permit to be placed any of the earth or stones dug from land on any part of the said road; or

I do hereby prohibit the procession passing along the said street, and strictly warn and enjoin you not to take any part in such procession (or as the case recited may require). DATOCL ERIS sai avi onreecve: Day Of...scisiicedtebvivetons , 20

(Seal of the Court)

(Signature)

FORM NO. 25 MAGISTRATE’S ORDER DECLARING PARTY ENTITLED POSSESSION OF LAND, ETC., IN DISPUTE

TO RETAIN

(See section 145) It appears to me, on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, existed between... (describe the parties by name and residence, or residence only if the dispute be between bodies of villagers) concerning So) (state concisely the subject of dispute), situate within my local

jurisdiction, all the said parties were called upon

to give in a written statement of their

Sch. 2]

The Code of Criminal Procedure,

1973

363

respective claims as to the fact of actual possession of the said................0008 (the subject of dispute), and being satisfied by due inquiry had thereupon, without reference to the merits of the claim of either of the said parties to the legal right of possession, that the claim of actual possession by the said...................++ (name or names or description) is true,

I so decide and declare that he is (or they are) in possession of the said................::0000-+: (the subject of dispute) and entitled to retain such possession until ousted by due course of law, and do strictly forbid any disturbance of his (or their) possession in the meantime. Pe

Wii cea as GW

OR rincetontasterors te?) eee

(Seal of the Court)

(Signature)

FORM

WARRANT

NO.

26

OF ATTACHMENT IN THE CASE OF A DISPUTE TO THE POSSESSION OF LAND, ETC. (See section

AS

146)

To the officer in charge of the police station at...............cc0 (or, To the Collector Of........:ccciccccssase. )

WHEREAS it has been made to appear to me that a dispute likely to induce a breach of the peace existed between...............cccceseeee (describe the parties concerned by name and residence, or residence only if the dispute be between bodies of villagers) concerning certain Bae Re Oe (state concisely the subject of dispute) situate within the limits of my jurisdiction, and the said parties were thereupon duly called upon to state in writing their respective claims as to the fact of actual possession of the said ............::::s00000 (the subject of dispute), and whereas, upon due inquiry into the said claims, I have decided that neither of the said parties was in possession of the said.............:0s0000 (the subject of dispute) (or | am unable to satisfy myself as to which of the said parties was in possession as aforesaid); This is to authorise and require you to attach the said ..............000000 (the subject of dispute) by taking and keeping possession thereof, and to hold the same under attachment until the decree or order of a competent Court determining the rights of the parties, or the claim to possession, shall have been obtained, and to return this warrant with an

endorsement certifying the manner of its execution. (Seal of the Court)

(Signature)

FORM

NO.

27

MAGISTRATE’S ORDER PROHIBITING THE DOING ANYTHING ON LAND OR WATER (See section

OF

147)

A DISPUTE having arisen concerning the right of use Of.........-:sseee (state concisely the subject of dispute) situate within my local jurisdiction, the possession of which land (or water) is claimed exclusively by...........:cce00 (describe the person or persons), and it

appears to me, on due inquiry into the same, that the said land (or water) has been open to the enjoyment of such use by the public (or ifby an individual or a class of persons, describe him or them) and (if the use can be enjoyed throughout the year) that the said use has been enjoyed within three months of the institution of the said inquiry (or if the use is enjoyable only at a particular season say, “during the last of the seasons at which the same is capable of being enjoyed”);

364

The Code of Criminal Procedure,

1973

[Sch. 2

I'do order that the said......7.....-.c.cscsrne (the claimant or claimant of possession) or any one in their interest, shall not take (or retain) possession of the said land (or water) to

the exclusion of the enjoyment of the right of use aforesaid, until he (or they) shall obtain the decree or order of a competent Court adjudging him (or them) to be entitled to exclusive possession. Dated) fhis-s- eae ee a

Ae.|ee

(Seal of the Court)

BOND

(Signature)

AND

FORM NO. 28 BAIL-BOND ON A PRELIMINARY BEFORE A POLICE OFFICER (See section

LPR

ee

pantera SiPeascs

(piainé),!.

INQUIRY

169)

MELE

,

being

charged

with

the

offence

and after inquiry required to appear before the Magistrate Of................0.0« or

and after inquiry called upon to enter into my own recognizance to appear when required, do hereby bind myself to appear at................0.000-+ , in. Phe Court Of...-cnnenssasnasesnny OM Chess sssessiss day..Ofvecuiiions next (or on such day as I may hereafter be required to attend) to answer further to the said charge, and in case of my making default therein, I bind myself to forfeit to Government,

the sum

POGGOUy THIS: Syscentieagtseenet OD A ne

of rupees

» 2...

(Seal of the Court)

(Signature)

I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said ............0ccccee (name) that he shall attend AE tetenivorvictatn tives in the COU Glawinectinnpinens pI AMCGrscveisveris | next (or on

such day as he may hereafter be required to attend), further to answer to the charge pending against him, and, in case of his making default therein, | hereby bind myself (or we hereby bind IDAs,

ourselves)

to forfeit to Government, the sum of rupees

TSinscsegrensiseans ites Day Bi crssrisrcociootirents 5 BOK

(Signature)

FORM NO. 29 BOND TO PROSECUTE OR GIVE EVIDENCE (See section |(ee eensee (Se

170) , (place) do hereby bind myself to attend

Bereseyerennenvevveessvvess I Ce Catt Ol cvinsieninawcancies a O'clock ON the... day Sevevevecivents next and then and there to prosecute (or to prosecute and give evidence) (or to give evidence), in the matter of a charge Of.........00008 against one A.B. and, in case of making default herein. I bind myself to forfeit to Government the sum of

(Signature)

Sch. 2}

The Code of Criminal Procedure, FORM

SPECIAL

SUMMONS

TO

NO.

A PERSON

Sap

ee

e

ray (Name

365

30

ACCUSED

(See section

| (1 en ae

1973

OF

A PETTY

OFFENCE

206)

of the accused)

Ser eeee (address)

WHEREAS your attendance is necessary to answer a charge of a_ petty CMamge 2h 28. (state shortly the offence charged), you are hereby required to appear in person (or by pleader) before.............:.:.00000+ (Magistrate), Of 25.i3.. .0...0..0%0.00.: Onittie.sc,. 5.53032 | 20....., or if you desire to plead guilty to the charge without appearing before the Magistrate, to transmit before the aforesaid date the plea of guilty in writing and the sum of................ rupees as fine, or if you desire to appear by pleader and to plead guilty through such pleader, to authorise such pleader in writing to make such a plea of guilty on your behalf and to pay the fine through such pleader. Herein fail not. Diatedts thie tics cisc

tate

AS

OE ters casatiti nssiatsie + 2028:

(Seal of the Court)

(Signature)

(Note—The amount of fine specified in this summons shall not exceed one hundred rupees.)

NOTICE

OF

COMMITMENT

FORM NO. 31 BY MAGISTRATE

TO PUBLIC PROSECUTOR

(See section 209)

The Magistrate Fes

TD ay Mihi

Of.........:::.scsssseseee hereby gives notice that he has committed one

for trial at the next Sessions; and

the Magistrate

hereby instructs

the

Public Prosecutor to conduct the prosecution of the said case. The charge against the accused is that,..........2::sc000+0 etc. (state the offence as in the charge). PROMS +MINED

oe ios ca ctenasne BY. OB cccteesisaitgieycromive pe LU vats

(Seal of the Court)

(Signature)

FORM NO. 32 CHARGES (See sections 211, 212 and 213)

I. CHARGES

WITH

ONE-HEAD

ra kced cin tgipesees (name and office of Magistrate,

etc.), hereby charge you

siaieriaancetipctonesion (name of accused person) as follows:— (b)

On

section

121.—That

you,

on

or

about

the................

day

.Ofo.gietnit 4

a srsitinsropbainasstonre , waged war against the Government of India and thereby committed an

offence punishable under section 121 of the Indian Penal Code, and within the cognizance of this Court. (c) And I hereby direct that you be tried by this Court on the said charge. (Signature and Seal of the Magistrate)

[To be substituted for (b)]|— (2) On section 124.—That you, on or about the............... GRY Mirresereeynns ; De acosetnesecipsexsoonnns , with the intention of inducing the President of India [or, as the case may

366

The Code of Criminal Procedure,

1973

[Sch. 2

be, the Governor Oo ..............s.s00+0000 (name of State) to refrain from exercising a lawful power as such President (or, as the case may be, the Governor), assaulted President (or, as the case may be, Governor), and thereby committed an offence punishable under section 124 of the Indian Penal Code, and within the cognizance of this Court. (3) On section 161.—That you, being a public servant in the.............c000. Department, directly accepted from... (state the name) for another PAR. = ese Fen Ins.

by Act 27 of 1870, sec. 8.

Sec. 225]

The Indian Penal Code

481

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable— Triable by any Magistrate—Non-compoundable.

225. Resistance or obstruction to lawful apprehension of another person.— Whoever intentionally offers any resistance or 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 the person 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] 7[***] 3[***] 4[***] 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. CLASSIFICATION

OF OFFENCE

Para I: Punishment—Imprisonment for 2 years, or fine, or both—Cognizable— Bailable—Triable by any Magistrate—Non-compoundable. Para II: Punishment—Imprisonment for 3 years and fine—Cognizable—Nonbailable—Triable by Magistrate of the first class—Non-compoundable. Para III & IV: Punishment—Imprisonment for 7 years and fine—Cognizable—Nonbailable—Triable by Magistrate of the first class. Para V: Punishment—Imprisonment for life or imprisonment for 10 years and fine— Cognizable—Non-bailable—Triable by Court of Session. 1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956). 2. The words “or to” omitted by Act 36 of 1957, sec. 3 and Sch. II (w.e.f. 17-9-1957). 3. The word “transportation” omitted by Act 26 of 1955, sec. 117 and Sch. (w.e.f. 1-1-1956). 4. The words “penal servitude” omitted by Act 17 of 1949, sec. 2 (w.e.f. 6-4-1949).

482

The Indian Penal Code

[Sec. 225A

1[225A. 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.] CLASSIFICATION

OF

OFFENCE

Para I: Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable— Bailable—Triable by Magistrate of the first class—Non-compoundable. Para II: Punishment—Simple imprisonment for 2 years, or fine, or both—Noncognizable—Bailable—Triable by any Magistrate.

1[225B. 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.]

CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—Bailable— Triable by any Magistrate—Non-compoundable.

226. Unlawful return from transportation—|Rep. by the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955), sec. 117 and Sch. (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. CLASSIFICATION OF OFFENCE Punishment—Punishment of original sentence, or if part of the punishment has been undergone, the residue—Cognizable—Non-bailable—Triable by the court by which the original offence was triable—Non-compoundable.

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 1. Sections 225A and 225B subs. by Act 10 of 1886, sec. 24(1), for section 225A. Earlier section 225A was inserted by Act 27 of 1870, sec. 9.

Sec. 228A]

The Indian Penal Code

483

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. STATE

AMENDMENT

Andhra Pradesh.—Offence under section 228 is cognizable. [Vide A.P.G.O.

Ms. No. 732, dated 5th December,

1991].

CLASSIFICATION OF OFFENCE Punishment—Simple Imprisonment for 6 months, or fine of 1,000 rupees or both— Non-cognizable—Bailable—Triable by the Court in which the offence is committed, subject to the provisions of Chapter XXVI—Non-compoundable.

(228A. 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 ey of any person against whom an 7[offence under’ section 376, 3[section 376A,

section

376AB,

section

376B, section

376C, section

376D,

section 376DA, section 376DB] or section 376E] 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-section (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 goed 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 Fh 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.] CLASSIFICATION OF OFFENCE Para I: Punishment—Imprisonment for two years and fine—Cognizable—Bailable— Triable by any Magistrate—Non-compoundable. Para II: Punishment—Imprisonment for two years and fine—Cognizable—Bailable— Triable by any Magistrate—Non-compoundable. COMMENTS

Name of victim to be suppressed Section 228A of LP.C. makes disclosure of identity of victim of certain offences punishable. Printing or publishing of any matter which may make known the identity of 1. Ins. by Act 43 of 1983, sec. 2 (w.e.f. 25-12-1983).

2. Subs. by Act 13 of 2013, sec. 4, for “offence under section 376, section 376A, section 376B, section 376C or section 376D” (w.r.e.f. 3-2-2013).

3. Subs. by Act 22 of 2018, sec. 3, for “section 376A, section 376B, section 376C, section 376D” (w.r.e.f. 21-4-2018).

484

The Indian Penal Code

[Sec. 228A

any person against whom an offence under section 376, 376A, 376B, 376C or 376D is alleged or found to have been committed can be punished. True it is, the restriction does not relate to printing or publication of judgment by High Court or Supreme Court. But in view of the social object of preventing social victimization or ostracism of the victim of a sexual offence for which section 228A has been enacted, it would be appropriate that in the judgements, be it of Supreme Court, High Court or lower court, the name of the victim should not be indicated; State of Punjab v. Ramdev Singh, AIR 2004 SC 1290.

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 knowin

himself to have been so returned, empanelled or sworn contrary to law, sha voluntarily serve on such jury or as such assessor, shall be imprisonment of either description for a term which may extend

punished with to two years,

or with fine, or with both. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.

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 edie 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 CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Non-bailable— Triable by any Magistrate—Non-compoundable.

CHAPTER XIl OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS 230. “Coin” defined.—*[Coin is metal used for the time being as money, and sy tm and issued by the authority of some State or Sovereign Power in order to

be so used.]

Indian coin.— [Indian coin is metal stamped of the Government of India in order to be used as been so stamped and issued shall continue to be of this Chapter, notwithstanding that it may have

and issued money; and Indian coin ceased to be

by the authority metal which has for the purposes used as money.]

Illustrations (a) Cowries are not coin.

(b) Lumps of unstamped copper, though used as money, are not coin. (c) Medals are not coin, in as much as they are not intended to be used as money.

(d) The coin denominated as the Company’s 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]. 1. Ins. by Act 25 of 2005, sec. 44(c) (w.e.f. 23-6-2006).

2. Subs. by Act 19 of 1872, sec. 1, for the original first paragraph. 3. Subs. by A.O. 1950, for the former paragraph. 4. Subs. by the A.O. 1950, for “the Queen's coin”.

5. Ins. by Act 6 of 1896, sec. 1.

—

Sec. 235]

The Indian Penal Code

485

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 seven 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. CLASSIFICATION

OF

OFFENCE

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

232. Counterfeiting Indian coin.—Whoever counterfeits, or knowingly performs any part of the process of counterfeiting [Indian coin], 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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

233. Making

or selling instrument

for counterfeiting

fine—

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 3 years and _ fine—Cognizable—Non-Bailable— Triable by Magistrate of the first class—Non-compoundable.

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 purpose 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 either description for a term which may extend to seven years, and shall also be liable to fine. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 7 years and Triable by Court of Session—Non-compoundable.

_fine—Cognizable—Non-bailable—

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, 1. Subs. by the A.O. 1950, for “the Queen’s coin”. 2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

486

The Indian Penal Code

[Sec. 235

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. CLASSIFICATION

OF

OFFENCE

Para I: Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable— Triable by Magistrate of the first class—Non-compoundable. Para II: Punishment—Imprisonment for 10 years and fine—Cognizable—Nonbailable—Triable by Court of Session—Non-compoundable.

236. Abetting in India the counterfeiting out of India of coin.—Whoever, being within 2[India], abets the counterfeiting of coin out of 2[India], shall be

punished in the same manner as if he abetted the counterfeiting of such coin within 2[India]. CLASSIFICATION

OF

OFFENCE

Punishment—The punishment provided for abetting the counterfeiting of such coin within India—Cognizable—Non-bailable—Triable by Court of Session—Noncompoundable.

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable— Triable by Magistrate of the first class—Non-compoundable.

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

3[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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

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 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. 1. Subs. by the A.O. 1950, for “the Queen's coin”. 2. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. (w.e.f. 1-4-1951), to read as above.

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

i i — i

Sec. 243]

The Indian Penal Code

CLASSIFICATION

OF

487

OFFENCE

Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable— Triable by Magistrate of the first class—Non-compoundable.

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 10 years and Triable by Court of Session—Non-compoundable.

fine—Cognizable—Non-bailable—

241. Delivery of coin as genuine, which, when first possessed, the deliverer

did not know

to be counterfeit—Whoever

genuine, or attempts

delivers to any other person as

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 Company’s 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.

CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or 10 times the value of the coin counterfeited, or both—Cognizable—Non-bailable—Triable by any Magistrate—Noncompoundable.

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable— Triable by Magistrate of the first class—Non-compoundable.

243. Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof.—Whoever, fraudulently or with intent that 1. Subs. by the A.O. 1950, for “Queen’s coin”.

488

The Indian Penal Code

[Sec. 243

fraud may be committed, is in possession of counterfeit coin, which is a counterfeit of !{Indian coin], having 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. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable— Triable by Magistrate of the first class—Non-compoundable.

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 7[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. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable— Triable by Magistrate of the first class—Non-compoundable.

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. CLASSIFICATION

OF

OFFENCE

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

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 the composition of that coin. CLASSIFICATION OF OFFENCE Punishment-Imprisonment for 3 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

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. 1. Subs. by the A.O. 1950, for “Queen's coin”. 2. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. (w.e.f. 1-4-1951), to read as above.

3. Subs. by the A.O. 1950, for “any of the Queen’s coin”.

S ee

Sec. 251]

The Indian Penal Code

489

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

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 for a term which may extend to three years, and shall also be liable to fine. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable— Triable by Magistrate of the first class—Non-compoundable.

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 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 for a term which may extend to seven years, and shall also be liable to fine. CLASSIFICATION

OF

OFFENCE

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

OF

OFFENCE

Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable— Triable by Magistrate of the first class—Non-compoundable.

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. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable—

Triable by Court of Session—Non-compoundable. 1. Subs. by the A.O. 1950, for “any of the Queen’s coin”.

The Indian Penal Code

490

{[Sec. 252

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Non-bailable— Triable by Magistrate of the first class—Non-compoundable.

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 5 years and _ fine—Cognizable—Non-bailable— Triable by Magistrate of the first class—Non-compoundable.

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or 10 times the value of the coin— Cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable.

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

a

—

Sec. 260]

The Indian Penal Code

CLASSIFICATION

OF

491

OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years, and Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

fine—

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 description for a term which may extend to seven years, and shall also be liable to fine. CLASSIFICATION

OF

OFFENCE

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

257. Making or selling instrument for counterfeiting 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.

CLASSIFICATION

OF

OFFENCE

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

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. CLASSIFICATION

OF OFFENCE

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

259. Having possession of counterfeit Government stamp.—Whoever has

in his issued of the stamp, which

possession any stamp which he knows to be a counterfeit of by Government for the purpose of revenue, intending to use, same as a genuine stamp, or in order that it may be used as shall be punished with imprisonment of either description may extend to seven years, and shall also be liable to fine. CLASSIFICATION

any stamp or dispose a genuine for a term

OF OFFENCE

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

260. Using as genuine a Government

stamp known

to be a counter-

feit—Whoever uses as genuine any stamp, knowing it to be 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.

492

The Indian Penal Code

CLASSIFICATION Punishment—Imprisonment

OF

{[Sec. 260

OFFENCE

for 7 years, or fine, or both—Cognizable—Bailable—

Triable by Magistrate of the first class—Non-compoundable.

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 =ny 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

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable— Triable by any Magistrate—Non-compoundable.

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 the 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. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.

1[263A. Prohibition of fictitious stamps.—(1) Whoever— (a) makes, knowingly utters, deals in or sells any fictitious stamps, 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. 1. Ins. by Act 3 of 1895, sec. 2.

Sec. 266]

The Indian Penal Code

(2) Any such stamps, die, plate, instrument

493

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 the Government for the purpose of denoting 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 Majesty’s dominions or in any foreign country.] CLASSIFICATION

OF

OFFENCE

Punishment—Fine of 200 rupees—Cognizable—Bailable—Triable by any Magistrate— Non-compoundable.

CHAPTER OF

OFFENCES

RELATING

TO

XIII 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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable—

Triable by any Magistrate—Non-compoundable.

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Non-compoundable.

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, 7[***] 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. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Non-compoundable. 1. Subs. by Act 42 of 1953, sec. 4 and Sch. III, for “may be seized and” (w.e.f. 23-12-1953). 2. The word “and” omitted by Act 42 of 1953, sec. 4 and Sch. III (w.e.f. 23-12-1953).

494

The Indian Penal Code

[Sec. 267

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.

CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Non-bailable— Triable by any Magistrate—Non-compoundable.

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 6 months, or fine, or both—Cognizable—Bailable— Triable by any Magistrate—Non-compoundable.

270. Malignant act likely to spread infection of disease dangerous to life.—

Whoever malignantly 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 two years, or with fine, or with both. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable— Triable by any Magistrate—Non-compoundable. COMMENTS

HIV infection (i) In a case the petitioner has raised the question whether a person suffering from HIV (+) contracting marriage with a willing partner after disclosing the factors of disease to that partner will be committing an offence under sections 269 and 270. (ii) The court held that there was no need for this cast to go further and declare in general as to what rights and obligations arise in such context as to right to privacy or confidentiality or whether such persons are entitled to be married or not or in the event such persons marry they would commit an offence under law or whether such right is

Sec. 272]

The Indian Penal Code

495

suspended during the period of illness. Therefore, all those observations made by this court in the aforesaid matter were unnecessary, particularly when there was no consideration of the matter after notice to all the parties concerned; Mr. “X” v. Hospital “Z”, AIR 2003

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. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 6 months, or fine, or both—Non-cognizable— Bailable—Triable by any Magistrate—Non-compoundable.

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. CLASSIFICATION

Punishment—Imprisonment

for 6 months,

OF

OFFENCE

or fine of 1,000 rupees, or both—Non-

Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

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”, substitute the following words, 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 judgment, 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 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”, subsitute the following words, namely:— “shall be punished with imprisonment for life and shall also be liable to fine: Provided that the court may, for adequate reasons to be mentioned in the judgment, impose a sentence of imprisonment which is less than imprisonment for life.” [Vide Uttar Pradesh Act 47 of 1975, sec. 3 (w.e.f. 15-9-1975)].

West Bengal.—In section 272 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”, subsitute the following words, namely:— “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 West Bengal Act 42 of 1973, sec. 3 (w.e.f. 29-4-1973)]. 1. Subs. by the A.O. 1937, for “by the Government of India or by any Government”. 2. The words “Central or any Provincial” omitted by the A.O. 1950. 3. The words “or the Crown Representative” omitted by the A.O. 1948.

496

The Indian Penal Code

273. Sale of noxious food or drink.—Whoever

{[Sec. 273

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Noncognizable—Bailable—Triable by any Magistrate—Non-compoundable. STATE In section 273, State Amendments

AMENDMENTS are the same as under section 272.

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. CLASSIFICATION Punishment—Imprisonment

OF OFFENCE

for 6 months, or fine of 1,000 rupees,

er both—Non-

cognizable—Non-bailable—Triable by any Magistrate—Non-compoundable. STATE In section 274, State Amendments

AMENDMENTS are the same as under section 272.

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, 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. CLASSIFICATION Punishment—Imprisonment

OF OFFENCE

for 6 months, or fine of 1,000 rupees, or both—Non-

cognizable—Bailable—Triable by any Magistrate—Non-compoundable. STATE In section 275, State Amendments

AMENDMENTS are the same as under section 272.

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.

Sec. 281]

The Indian Penal Code

CLASSIFICATION

OF

497

OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Noncognizable—Bailable—Triable by any Magistrate—Non-compoundable. STATE AMENDMENTS In section 276, State Amendments are the same as under section 272.

277. Fouling water of public corrupts or fouls the water of any less fit for the purpose for which imprisonment of either description or with fine which may extend to

spring or reservoir.—Whoever voluntarily public spring or reservoir, so as to render it it is ordinarily used, shall be punished with for a term which may extend to three months, five hundred rupees, or with both.

CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 3 months, or fine of 500 rupees, Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

or

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. CLASSIFICATION OF OFFENCE Punishment—Fine of 500 rupees—Non-cognizable—Bailable—Triable Magistrate—Non-compoundable.

by

any

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

or both—

COMMENTS

Term “negligent” — meaning thereof “Negligent” means omission to do something which a reasonable and prudent person guided by the considerations which ordinarily regulate human affairs would do or doing something which a prudent and reasonable person guided by similar considerations would not do; Ravi Kapoor v. State of Rajasthan, AIR 2012 SC 2986: 2012 (7) JT 480: 2012

(7) SCALE 354: 2012 Cr LJ 4403.

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. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both— Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

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.

498

The Indian Penal Code

CLASSIFICATION

OF

[Sec. 281

OFFENCE

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

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.

CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

or 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. CLASSIFICATION OF OFFENCE Punishment—Fine of 200 rupees—Cognizable—Bailable—Triable by any Magistrate— Non-compoundable.

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. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

or 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, 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.

CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both— Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

Sec. 289]

The Indian Penal Code

499

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

or 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.

CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Noncognizable—Bailable—Triable by any Magistrate—Non-compoundable.

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. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, or both—Noncognizable—Bailable—Triable by any Magistrate—Non-compoundable.

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 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. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 6 months, or fine of 1,000 rupees, Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

or both—

}

4 500

The Indian Penal Code

[Sec. 290

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. CLASSIFICATION OF OFFENCE Punishment—Fine of 200 rupees—Non-cognizable—Bailable—Triable Magistrate—Non-compoundable.

by

any

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.

CLASSIFICATION

OF

OFFENCE

Punishment—Simple imprisonment for 6 months, or fine, or Cognizable-Bailable—Triable by any Magistrate—Non-compoundable.

both—

1[292. Sale, etc., of obscene books, etc.—*[(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 person, 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

(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, 1. Subs. by Act 8 of 1925, sec. 2, for section 292. 2. Ins. by Act 36 of 1969, sec. 2 (w.e.f. 7-9-1969). 3. Section 292 renumbered as sub-section (2) thereof by Act 36 of 1969, sec. 2 (w.e.f. 7-9-1969).

Sec. 292]

The Indian Penal Code

501

shall be punished ![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].

2[Exception.—This section does not extend to— (a)

any book, pamphlet, sentation or figure—

paper,

writing,

drawing,

painting,

repre-

(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

Monuments

monument

within

the meaning

of the Ancient

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.]] CLASSIFICATION OF OFFENCE Punishment—On first conviction, with imprisonment for 2 years, and with fine of 2,000 rupees, and, in the event of second of subsequent conviction, with imprisonment for five years and with fine of 5,000 rupees—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

STATE Orissa.—Same as in Tamil Nadu.

AMENDMENTS

[Vide Orissa Act 13 of 1962, sec. 2 (w.e.f. 16-5-1962)].

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.” [Vide Tamil Nadu Act 25 of 1960, sec. 2 (w.e.f. 9-11-1960)]. Orissa.—Section 292A

Same as in Tamil Nadu. [Vide Orissa Act 13 of 1962, sec. 3 (w.e.f. 16-5-1962)].

1, Subs. by Act 36 of 1969, sec. 2, for certain words (w.e.f. 7-9-1969). 2. Subs. by Act 36 of 1969, sec. 2, for Exception (w.e.f. 7-9-1969).

The Indian Penal Code

502

[Sec. 292

Tamil Nadu.—After section 292, insert the following section, namely:— 292A. 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 any picture or any printed or written document which is grossly indecent, or in 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, 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

*[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]. 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 to 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 Il.—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;

Sec. 294]

The Indian Penal Code

503

(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 Tamil Nadu Act 25 of 1960, sec. 3 (w.e.f. 9-11-1960)].

* Subs. by Tamil Nadu Act 30 of 1984. ** Ins. by Tamil Nadu Act 30 of 1984, sec. 2 (w.e.f. 28-6-1984).

'[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 2[on first conviction with imprisonment of either description for a term which may extend to three 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 seven years, and also with fine which may extend

to five thousand rupees].] CLASSIFICATION OF OFFENCE Punishment—On first conviction, with imprisonment for 3 years, and with fine of 2,000 rupees, and, in the event of second of subsequent conviction, with imprisonment for 7 years, and with fine of 5,000 rupees—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable. STATE Orissa.—Same as in Tamil Nadu.

AMENDMENTS

[Vide Orissa Act 13 of 1962, sec. 4 (w.e.f. 16-5-1962)].

Tamil Nadu.—lIn 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 intended for blackmail”. [Vide Tamil Nadu Act 25 of 1960, sec. 4 (w.e.f. 9-11-1960)].

3[294. Obscene acts 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 song, 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.]

1. Subs. by Act 8 of 1925, sec. 2, for section 293. 2. Subs. by Act 36 of 1969, sec. 2, for certain words (w.e.f. 7-9-1969). 3. Subs. by Act 3 of 1895, sec. 3, for section 294.

504

The Indian Penal Code

CLASSIFICATION

OF

[Sec. 294

OFFENCE

Punishment—Imprisonment for 3 months, or fine, or both—Cognizable—Bailable— Triable by any Magistrate—Non-compoundable.

1[294A. Keeping lottery office——Whoever keeps any office or place for the purpose of drawing any lottery 7[not being *[a State lottery] or a lottery authorised by the 4[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 doing anything for the benefit of any person, on 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.] CLASSIFICATION

OF

OFFENCE

Para I: Punishment—Imprisonment for 6 months, or fine, or both—Non-cognizable— Bailable—Triable by any Magistrate—Non-compoundable. Para II: Punishment—Fine of 1,000 rupees—Non-Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

STATE

AMENDMENTS

Andhra Pradesh.—Section 294A is repealed. [Vide Andhra Pradesh Act 16 of 1968, sec. 27 (w.e.f. 1-2-1969)].

Gujarat.—Section 294A is repealed.

[Vide Bombay Act 82 of 1958, sec. 33 read with Bombay Act 11 of 1960, sec. 87]. Karnataka.—In Karnataka area except Ballary District, section 294A is repealed. [Vide Mysore Act 27 of 1957, sec. 33].

Maharashtra.—Section 294A is repealed. [Vide Bombay Act 82 of 1958, sec. 33 (w.e.f. 1-5-1959)]

Manipur.—Section 294A is repealed. [Vide Manipur Act 2 of 1992, sec. 30 (w.e.f. 6-8-1992)]. Uttar Pradesh.—Section 294A Omitted. [Vide Uttar Pradesh Act 24 of 1995, sec. 11].

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 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 1. Ins. by Act 27 of 1870, sec. 10. 2. Subs. by the A.O. 1937, for “not authorised by Government”. 3. Subs. by Act 3 of 1951, sec. 3 and Sch., for “a lottery organised by the Central Government or the Government of a Part A State or a Part B State” (w.e.f. 1-4-1951).

4. Subs. by the A.O. 1950, for “Provincial”.

Sec. 298]

The Indian Penal Code

505

insult to their religion, shall be punishable with imprisonment of either description for a term which

may extend to two years, or with fine, or with both.

CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 2 years, or fine, bailable—Triable by any Magistrate—Non-compoundable.

or

both—Cognizable—Non-

'[295A. 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 4[three years], or with fine, or with both.] CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Nonbailable—Triable by Magistrate of the first class—Non-compoundable.

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. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Bailable— Triable by any Magistrate--Non-compoundable.

297. Trespassing on burial places, etc——Whoever,

ft

with the intention of

wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulchre, or any place set apart from the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with beth. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Bailable— Triable by any Magistrate—Non-compoundable. 298. Uttering, words, etc., with deliberate intent to wound

the religious

feelings of any person.—Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places, any object in the sight of that person, shall be punished with imprisonment of

ie

1. Ins. by Act 25 of 1927, sec. 2. 2. Subs. by the A.O. 1950, for “His Majesty’s subjects”. 3. Subs. by Act 41 of 1961, sec. 3, for “by words, either written or spoken, or by visible

tations” (w.e.f. 12-9-1961). 4. Subs. by Act 41 of 1961, sec. 3, for “two years” (w.e.f. 12-9-1961). ee ee.

[Sec. 298

The Indian Penal Code

506

either description for a term which may extend to one year, or with fine, or with both. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Compounded by the person whose religious feelings are intended to be wounded.

STATE AMENDMENT Andhra Pradesh.—In Andhra Pradesh offence under section 298 is cognizable. [Vide A.P.G.O. Ms. No. 732, dated 5th December, 1991].

CHAPTER OF

OFFENCES

AFFECTING

XVI 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 Z’s 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.

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

Explanation 1—A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. Explanation 2.—Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. Explanation 3.—The causing of the death of child in the mother’s womb is

not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child | may not have breathed or been completely born. COMMENTS Death caused of person other than intended The accused, with the intention of killing A or whose life he had taken out considerable insurance without latter’s knowledge, in order to obtain the insured amount

Sec. 300]

The Indian Penal Code

507

gave him some sweets mixed with a well known poison like arsenic. The intended victim ate some of the sweets and threw the rest away which were picked up by two children who ate them and died of poisoning. It was held that the accused was liable for the murder of the children though he intended only to kill A; Public Prosecutor v. Mushunooru Suryanarayana Moorty, (1942)

2 MWN

136: (1912) 13 Cr LJ 145.

Distinction between “culpable homicide” and “murder”

“Culpable homicide” is the genus and “murder” is its species and all “murders” are “culpable homicides”, but all “culpable homicides” are not “murders”; Rampal Singh v.

State of Uttar Pradesh, (2012) 8 SCC 289: 2012 (7) JT 10: 2012 (6) SCALE 574: 2012 Cr LJ 3765. Presumption regarding intention or knowledge The accused struck his wife a violent blow on the head with the plougshare which rendered her unconscious and hanged his wife soon afterwards under the impression that she was already dead intending to create false evidence as to the cause of the death and to conceal his own crime. It was held that the intention of the accused must be judged not in the light of the actual circumstances, but in the light of what he supposed to be the circumstances. Hence, the accused cannot be convicted either of murder or culpable homicide, he could of course be punished both for his original assault on his wife and for his attempt to create fake evidence by hanging her; Palani Gaindan v. Emperor, (1919)

42 Mad 547. Provocation caused by act The assault for murder cannot be said to be sudden and without meditation as the deceased was not armed; State of Maharashtra v. Krishna Murti Lazmipatti Naidu, AIR 1981

SC 617: (1981) SC Cr R 398: (1981) Cr LJ 9: (1981) SCC (Cr) 354.

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

causing death, or— Secondly.—If it is done with the intention of causing such bodily injury as

|

see

ee dee

| 2

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. 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.

508

The Indian Penal Code (c) A intentionally gives Z a sword-cut or club-wound

[Sec. 300 sufficient to cause the death

of a man in the ordinary course of nature. Z dies in consequence. Here, A is guilty of murder, although he may not have intended to cause Z’s death.

(d) A without any excuse fires a loaded 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:— First—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. Illustrations

(a) A, under the influence of passion excited by a provocation given by Z, intentionally kills. Y, Z’s child. This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation. (b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide. (c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing done by a public servant in the exercise of his powers. (d) A appears as witness before Z, a Magistrate, Z says that he does not believe a word of A’s deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder.

(e) A attempts to pull Z’s nose, Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, in as much as the provocation was given by a thing done in the exercise of the right of private defence. (f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder.

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 power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence.

Sec. 300]

The Indian Penal Code

509

Illustration

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

Exception 3.—Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting 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 offender 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.

eae 1’,

death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent.

Exception 5.—Culpable

homicide

is not murder

when

the person whose

Illustration

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

Act by which the death is caused, to done with intention of causing death (i) Statement by a child witness who was son of deceased, that his father tied hands

and legs of his mother and burnt her cannot be discarded on the basis of stray statement in cross-examination where he has stated that when his mother caught fire he was in his grand mother’s house, is fairly reliable on the factum of the incident and the same cannot be discarded, held accused was liable to be convicted; State of Karnataka v. Shariff, AIR 2003 SC 1074. (ii) Where the extra judicial confession made by the accused admitting the crime of throwing his three minor children into a well was proved and dead bodies of children were also recovered from well, the accused is liable for offence of murder punishable under section 302; Narayana Swamy v. State of Karnataka, 2000 Cr LJ 262 (Kant). (iii) The establishment of the involvement of the accused in the incident and misgiving of a Barchhi blow to the grandson of the deceased when he tried to go to the rescue of his grand-father, is sufficient to convict the accused under section 300 read with section

a Ge ee O-. & =) iad >» ethiaet cep a aeer

34; Banta Singh v. State of Punjab, (1991) Cr LJ 1342 (SC).

(iv) The totality of the injuries caused to the victim clearly supports the finding of both the courts below that the accused/appellants went on belabouring the deceased till he died on the spot. In the circumstances, the contention that the accused did not intend to cause the murder of the deceased cannot be upheld by the Supreme Court; Prabhu v.

State of Madhya Pradesh, (1991) Cr LJ 1373 (1373-1374) (SC).

510

The Indian Penal Code (v) Where

the accused set fire to the single room

{[Sec. 300 hut, in which

the deceased

was

sleeping, after locking the door of the room from outside and also prevented the villagers from going to the rescue of the helpless inmate of the room, it was held that the intention of the accused to kill the deceased was clear and they were liable for murder; Rawalpenta Venkalu v. State of Hyderabad, AIR 1956 SC 171. ‘And commits such act without any excuse for incurring the risk of causing death’ Merely causing death, by doing an act with the knowledge that is so imminently dangerous that it must, in all probability cause death, is not murder. In order that an act, done with such knowledge, should constitute murder, it is necessary that it should

be committed without any excuse for incurring the risk of causing the death or bodily injury. An act, done with the knowledge of its consequences, is not prima facie murder, it becomes murder only if it can be positively affirmed that there was no excuse. The requirements of the section are not satisfied by the act of homicide being one of extreme recklessness. It must, in addition, be wholly in inexcusable. When a risk in incurred even a risk of the gravest possible character which must normally result in death, the taking of that risk is not murder unless it was inexcuatble to take it; Emperor v. Dhirajia, AIR 1940 All 486; Gyarsibai w/o Jagannath v. State, AIR 1953 MB 61.

Clause ‘thirdly’ of section 300 distinguished from the second clause of section 299 The difference between the second clause of section 299 and clause ‘thirdly’ of section 300 to one of degree of probability of death resulting from the intended bodily injury. To put it more broadly, it is the degree of probability of death which determines whether a culpable homicide is of the gravest, medium, or lowest degree. The word likely in second clause of section 299 conveys the sense of probable as distinguished from a mere possibility. The words ‘bodily injury ............ sufficient in the ordinary course of nature to cause death’, in clause thirdly of section 300, mean that death will be the most probable

result of the injury having regard to the ordinary course of nature; State of Andhra Pradesh v. Rayavarpu Punayya, AIR 1977 SC 45. Culpable homicide when not amounts to murder Culpable homicide will not amount to murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel provided the offender has not taken undue advantage or acted in a cruel or unusual manner; Raj Paul Singh v. State, (2012) 10 SCC 144: 2012 (10) SCALE 137: 2012 (8) SLT 134. Essential of murder (i) Having regard to the number of injuries inflicted on the deceased it was not possible to uphold the contention that there was no intention to kill; Prabhu v. State of Madhya Pradesh, (1991) Cr LJ 1373 (1373-1374) (SC). (ii) When there was no evidence as to how death came about, evidence relating to charge of murder was held to be insufficient and unacceptable; Kedar Nath v. State of Madhya Pradesh, (1991) Cr LJ 989 (SC).

Exception 4: Scope and applicability

(i) If the act is done without premeditation in a sudden fight or in the heat of passion upon a sudden quarrel and if the offender does not take any undue advantage or act in a cruel or unusual manner, then Exception 4 will be attracted; Sayaji Hanmat Baukar v. State of Maharashtra, AIR 2011 SC 3172: JT 2011 (7) SC 311: (2011) 7 SCALE 710: 2011

Cr LJ 4338. (ii) To invoke Exception 4 to section 300, four requirements must be satisfied, namely

(i) it was a sudden fight; (ii) there was no premeditation; (iii) the act was done in a heat

of passion; and (iv) the assailant had not taken any undue advantage or acted in a cruel manner. The number of wounds caused during the occurrence is not a decisive factor but what is important is that the occurrence must have been sudden and i and the offender must have acted in a fit of anger. Of course, the offender must not have taken any undue advantage or acted in a cruel manner. Where, on a sudden quarrel, a person in the heat of the moment picks up a weapon which is handy and causes injuries,

Sec. 300]

The Indian Penal Code

511

one of which proves fatal, he would be entitled to the benefit of this Exception provided he has not acted cruelly; Samuthram alias Samudra Rajan v. State of Tamil Nadu, (1997) 2 Crimes

185 (Mad).

Fight Where a mutual conflict develops and there is no reliable and acceptable evidence as to how it started and as to who was the aggressor, it will not be correct to assume private defence for both sides. Such a case will be a case of sudden fight and conflict and has to be dealt with under Exception 4 to section 300 of the Code; Januram v. State of Madhya Pradesh, (1997) 2 Crimes 582 (MP).

Injuries on vital and non-vital parts of body of the deceased Infliction of the injury on the vital part of the body with the agricultural instrument by the enraged accused in a sudden quarrel—Held, accused did not cause the injury intentionally; Patel Rasiklal Becharbhai v. State of Gujarat, AIR 1992 SC 1150.

Injury which is likely to cause death and injury which is sufficient in ordinary course of nature to cause death (i) Accused inflicted 18 injuries in the arms and legs of the deceased with a gandasa. None of the injuries was on a vital part of the body of the deceased. The obvious motive was revenge because the deceased’s son had caused a serious leg injury which resulted in the amputations of the leg of P, the son of appellant. The Court held that one of the injuries inflicted by the appellant was on a vital part of the body of the deceased whom the appellant had no intention to kill, at the same time though he had no intention to kill, the appellant must have known that he was inflicting such bodily injuries as were likely to cause death as a consequence of which death did happen. The appellants conviction for murder was accordingly altered to one for culpable homicide; Kapur Singh v. State of Pepsu, AIR 1956 SC 654. (ii) It was held by the Supreme Court that whether the injury intended by the accused and actually inflicted by him is sufficient in the ordinary course of nature to cause death or not, must be determined in each case on the basis of the facts and circumstances. In the instant case, the injury caused was the result of blow with a knife in the stomach which was given with such force that the weapon had penetrated the abdomen and had injured the bowels. According to the doctor the injury was sufficient in the ordinary course of nature to cause death. Therefore, in the absence of any circumstances to show

that the injury was caused accidentally or unintentionally, it had to be presumed that the accused had intended to cause the inflicted injury and the condition of cl. (3) of section 300, L.P.C. were satisfied. Conviction under section 302 was upheld; Virsa Singh v. State

of Punjab, AIR 1958 SC 465. (iii) The appellant had given six blows with a lathi stick on the head of the deceased, one of which fractured his skull. The deceased died three weeks after the incident. The injury which broke the skull had caused a depression in the brain and death was due to brain hemorrhage. It was held that the accused was liable under section 304 for culpable homicide. The Court held that even though the blows were inflicted by the appellant on the head of the deceased with force, the lathi not being an iron rod and the deceased being a young man strongly built the appellant could not under the circumstances be held to have been actuated with the intention of causing the death of the deceased nor do one could think despite the medical evidence that the injury was sufficient in the ordinary course of nature to cause death. Seeing that he survived for three weeks and looking on the doctor’s admission that an injury of that kind is not incurable; Inder Singh Bagga Singh v. State of Pepsu, AIR 1955 SC 439. Intention and knowledge

It is fallacious to contend that when death is caused by a single blow, clause thirdly

is not attracted and, therefore, it would not amount to murder. The ingredient ‘intention’

512

The Indian Penal Code

[Sec. 300 |

in that clause gives clue in a given case whether offence involved is murder or not; jai Prakash v. State (Delhi Administration), (1991) 1 Crimes 474 (SC).

Post-mortem report cannot be made sole basis of conviction Post-mortem report cannot be made sole basis of conviction once eye-witnesses evidence is rejected. Post-mortem report should be in corroboration with evidence of

eye-witnesses and cannot be an evidence sufficient to reach conclusion for conviction; Balaji Gunthu Dhule v. State of Maharashtra, AIR 2013 SC 264. Proof of sufficiency of the injury to cause death (i) Where evidence of both eye witnesses reliable and well corroborated by medical and other evidence on record inspires confidence that accused had intention to kil! deceased then conviction is liable to be sustained; Robba Ramanna Dora v. State of Andhra Pradesh, 2000 Cr LJ 118 (AP).

(ii) Where the ocular evidence is explicit and fully supported by medical evidencs and evidence of other witnesses and evidence of witnesses who apprehended the accused after some hours of occurrence with blood stained weapon then absence of proof of motive will not render the entire prosecution case unbelievable, therefore, charge of murder against accused proved beyond all reasonable doubt; Ram Nath Novia v. State of Bihar, 2000 Cr LJ 318 (Pat). (iii) Where the evidence of eye witnesses regarding assault to deceased by accused persons was truthful, reliable and clearly corroborated by medical evidence and common intention of accused persons to commit murder of deceased also proved therefore conviction under section 300/34 is proper; Ratan Debnath v. State of Tripura, 2000 Cr LJ 237 (Gau). (iv) Chain of evidence must be complete with fully established circumstances not to leave any reasonable ground for a conclusion consistent with the innocence of accused. It should be of conclusive nature; Arvind v. State (Delhi Admn.), 1999 (4) SCC 4861: 1999

(3) JT 554. Provocation must be grave The test of “grave and sudden” provocation is whether a reasonable man, belonging to the same class of society as the accused, placed in the situation in which the accused was placed would

be so provoked as to lose his self-control. (2) In India, words and

gestures may also, under certain circumstances, cause grave and sudden provocation to an accused so as to bring his act within the First Exception to section 300. (3) The mental background created by the previous act of the victim may be taken into consideration in ascertaining whether the subsequent act caused grave and sudden provocation for committing the offence; Venkatesan v. State of Tamil Nadu, (1997) 3 Crimes 146 (Mad). Reasonable man’s—Test The accused, a naval officer, was charged with the murder of P, a businessman of

Bombay, for having illicit intimacy with his wife. On coming to know from his wife about the illicit relationship with the deceased, he went to the ship, took from the stores a semi-automatic revolver and six cartridges on a false pretext, loaded the same, went to the flat of P entered in his bedroom and shot him dead after a heated exchange of words. The court held that the test to be applied is that of the effect of the provocation

on a reasonable man; and in applying that test it is of particular importance to consider whether a sufficient interval has elapsed since the receiving of the information which caused the provocation to allow a reasonable man to cool down; K.M. Nanavati v. State of Maharasthra, AIR 1962 SC 605.

Scope

It is now well settled principle of law that if two views are possible, one in favour of the accused and the other adversely against it, the view favouring the accused must be accepted; Raghunath v. State of Haryana, AIR 2003 SC 165.

With the knowledge that he is likely, by such act, to cause death

(i) In case of murder in which the conclusion of guilt is drawn by prosecution it) must be fully established beyond all reasonable doubt and consistent with the guilt of the accused; S.D. Soni v. State of Gujarat, (1991) Cr LJ 330 (SC).

Sec. 302]

The Indian Penal Code

513

(ii) Legislature had advisedly used the words: “bodily injury as the offender knows to be likely to cause death”. Therefore, from an understanding of the legislative intent of section 300, I.P.C., a culpable homicide becomes murder if the attacker causes an injury which he knows is likely to cause death and, of course, consequent to such injury, the victim should die; State of Rajashtan v. Dhool Singh, AIR 2004 SC 1264.

301. Culpable homicide by causing death of person other than person whose death was intended.—lf 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. COMMENT

Accused is punishable for murder under doctrine of transfer of malice under section 301 when he aimed at one person but killed another person; Jagpal Singh v. State of Punjab,

(1991) Cr LJ 597 (SC). 302. Punishment for murder.—Whoever commits murder shall be punished with death, or '[imprisonment for life], and shall also be liable to fine. CLASSIFICATION

OF

OFFENCE

Punishment—Death, or imprisonment for life, and fine—Cognizable—Non-bailable— Triable by Court of Session—Non-compoundable. COMMENTS

Acquittal of co-accused Whether acquittal of co-accused can form basis for acquittal of appellant. Acquittal of co-accused no ground to discard otherwise reliable evidence pointing towards complicity of appellant; Pappi @ Mehboob v. State of Rajasthan, LNIND 2019 SC 85. Non-compliance of direction of Court Non-compliance of direction of Court may lead to adverse inference but cannot form sole basis for conviction; Rekha Sengar v. State of U.P., AIR 2017 SC 2150. Alteration of conviction In case where facts and circumstances from which conclusion of guilt was sought to be drawn by prosecution was not established beyond reasonable doubt the conviction under section 302 read with section 34 and under section 392 had to be quashed; Hardyal and Prem v. State of Rajasthan, (1991) Cr LJ 345 (SC).

Appreciation of evidence Conviction can be based on testimony of a single ¢ ye witness provided his testimony is found reliable and inspires confidence; Anil Phukan v. State of Assam, 1993 (1) Crimes

1180 (SC). Benefit of doubt When ocular evidence in murder case is unreliable benefit of doubt to be given to all accused; Chandu Bhai Shana Bhai Parmar v. State of Gujarat, AIR 1982 SC 1022: (1981) SCC (Cr) 682. Blood stained article Presence of blood stains on floor of room of house and the shawl by themselves are not such circumstances to establish the guilt of accused, grant of benefit of doubt proper; Ramesh Chandra Sao vy. State of Bihar, AIR 1999 SC 1574. Circumstantial evidence (i) Evidence that gun of brother of deceased placed beneath pillow was removed from that place indicate participation in crime. Words uttered just before killing deceased and in manner he was Killed immediately thereafter leaving no manner of doubt of murder;

State of Haryana v. Pradeep Kumar, 1999 SCC (Cr) 358: 1999 (1) Crimes 8 (SC).

(ii) In cases depending on circumstantial evidence it is true that the chain of events proved by the prosecution must show that within all human probability the offence has been

committed by the accused, but the court is expected to consider the total cumulative effect of 1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

514

The Indian Penal Code

[Sec. 302

all the proved facts along with the motive suggested by the prosecution which induced the accused to follow a particular path; Sarbir Singh v. State of Punjab, 1993(1) Crimes 616 (SC). Circumstantial evidence — Importance It is well settled that if the evidence of the eye-witnesses are held to be reliable and inspire confidence then the accused cannot be acquitted solely on the ground that some superficial injuries found on the person of the accused concerned, had not been explained by the prosecution; A.M. Kunnikoya v. State of Kerala, (993) 1 Crimes 1192 (SC). Circumstantial evidence — scope Circumstances from which the conclusion of guilt is to be drawn should be fully

established and should also be consistent with only one hypothesis, ie., the guilt of the accused. The circumstances should be conclusive and proved by the prosecution; Brajendra Singh v. State of Madhya Pradesh, AIR 2012 SC 1552: (2012) 4 SCC 289: 2012 (2) JT 613: 2012 (3) SCALE 195: 2012 Cr LJ 1883. Constructive liability (i) Two offences under section 302 and section 306 of the Indian Penal Code are of

distinct and different categories; Sangarabonia Sreenu v. State of Andhra Pradesh, (1997) 4 Supreme 214. (ii) Non-explanation of the injuries on the person of the accused by the prosecution may not affect the prosecution case if the injuries sustained by the accused are minor or superficial or where the evidence produced by the prosecution is clear and cogent and is of independent and dis-interested persons and is consistent with credit worthiness; Sawai Ram v. State of Rajasthan, (1997) 2 Crimes 148 (Raj).

(iii) Crime of murder committed against public servant doing official duties must be discouraged and dealt with firm hand; Gayasi v. State of Uttar Pradesh, ATR 1981 SC 1160: (1981)

ALJ 441: (1981) Cr LJ 883: (1981) SCC (Cr) 590: (1981) Cr App R (SC) 385: (1981) 2 SCC 713. Delay in execution of death sentence Exorbitant delay in disposal of mercy petition renders the process of execution

of death sentence arbitrary, whimsical and capricious and, therefore, inexecutable. Furthermore, such imprisonment, occasioned by inordinate delay in disposal of mercy petitions, is beyond the sentence accorded by the Court and to that extent is extralegal and excessive; V. Sriharan alias Murugan v. Union of India, AIR 2014 SC 1368. Effect of acquittal of some accused on conviction of others Though section 34 is not added to section 302, the accused had clear notice that they

were being charged with the offence of committing murder in pursuance of their common intentions to put an end to the life of deceased. Hence, the omission to mention section 34 in the charge had only an academic significance, and has not in any way misled the accused; Rawalpenta Venkalu v. State of Hyderabad, AIR 1956 SC 171.

Importance of motive (i) In dowry deaths motive for murder exists and what is required of courts is to examine as to who translated it into action as motive viz., whether individual or family; Ashok Kumar v. State of Rajasthan, (1991) 1 Crimes 116 (SC). (ii) Accused committed murder in professional manner with planned motivation, accused deserved no sympathy even when the accused had no personal motive; Kuljeet

Singh v. Union of India, AIR 1981 SC 1572: (1981) Cr LJ 1045: (1981) Cr LR (SC) 328. Intention of causing death When the appellant dealt a severe knife blow on the stomach of deceased without provocation and when deceased was unarmed and had already been injured by coaccused the appellant cannot be held that he had no intention to cause a murderous assault by mere fact that only one blow was inflicted; Nashik v. State of Maharashtra, 1993 (1) Crimes 1197 (SC).

Medical evidence - importance Mere variance of prosecution story with the medical evidence, in all cases, should not lead to conclusion inevitably to reject the prosecution story. Court to make out efforts within judicial sphere to know truth; Mohan Singh v. State of Madhya Pradesh, AIR 1999 SC 883: 1999 (2) SCC 428. Mental derangement short of insanity Where feeling life unbearable on account of domestic quarrels,

a woman

(accused)

jumped into a well with her children, it was held that the only sentence that could be

Sec. 302]

The Indian Penal Code

515

assed, was the lesser sentence of imprisonment for life; Gyarsibai w/o Jagannath v. State, AIR 1953 MB 61. Mitigating circumstances Appellant found languishing in death cell for more than six years. It was held that this would be one of the mitigating circumstances; Ramesh v. State of Rajasthan, JT 2011 (2) SC 331: (2011) 2 SCALE 669: 2011 (2) Supreme 97. Rarest of the rare cases (i) To award death sentence, the aggravating circumstances (crime test) have to be fully satisfied and there should be no mitigating circumstance (criminal test) favouring the accused. Even if both the tests are satisfied as against the accused, even then the Court has to finally apply the Rarest of Rare test, which depends on the perception of the

society and not “judge-centric”, that is whether the society will approach the awarding of death sentence to certain | of crime or not, while applying thes test, the Court has to look into variety of factors like society’s abhorrence, extreme indignations and antipathy to certain types of crime like rape and murder of minor girls, especially intellectual challenged minor girls, minor girls with physical disability, old and infirm women wit those disabilities, etc. examples are only illustrative and not exhaustive. Courts award death sentence, because situation demands, due to constitutional compulsion, reflected b

the will of the people, and not Judge-centric; Gurvail Singh alias Gala v. State of Punjab,

AIR 2013 SC 1177. (ii) Whether

a case falls within the rarest of rare case or not, has to be examined

with reference to the facts and circumstances of each case and the court has to take note of the aggravating as well as mitigating circumstances and conclude whether there was something uncommon about the crime which renders the sentence of imprisonment for life inadequate and calls for death sentence; Rabindra Kumar Pal v. Republic of India, AIR 2011 SC 1436: (2011) 1 SCALE 615: 2011 (1) SLT 595. (iii) Undoubtedly brutality is involved in every incidence of murder but that brutality by itself will not bring it within the ambit of the rarest of the rare cases, for the purposes of the death penalty; Subhash Ramkumar Bina @ Vakil v. State of Maharashtra, AIR 2003 SC 269. (iv) It is alleged that all the four accused expressed their resentment and held Mrs.

Gandhi responsible for operation ‘Blue Star’ at Amritsar. To avenge they entered into a conspiracy to kill Mrs. Gandhi. In pursuance of the aforesaid conspiracy, two accused being security guards, who had prior knowledge that Smt. Gandhi was scheduled to o on the morning of 315t October, 1984 from her residence at Safdar Jang Road to 4 office at Akbar Road via TMC gate for an interview with Irish Television team, got manipulated their duties in such a way that one of the accused would be present at the TMC gate and another at TMC sentry booth between 7.00 AM to 10.00 AM. While Mrs. Gandhi was approaching to TMC gate towards her office one of the accused fired five rounds and another accused 25 shots at her from their respective weapons. Smt. Gandhi sustained injuries and fell down and succumbed to her injuries same day at the All India Institute of Medical Sciences, New Delhi. The Supreme Court confirmed the death sentence awarded by the trial Court and maintained a ae Court to three aaa for entering into conspiracy and committing murder of leader under sections 302, 120B, 34, 107 and 109 of the Penal Code and held that the murder by the security guards is one of the rarest of rare case in which extreme penalty of death is called for to assassin and his conspirators; Kehar Singh v. Delhi Administration, AIR 1988 SC 1883.

(v) On the night of 215' May, 1991 a diabolical (wicked) crime was committed. It stunned the whole nation. Rajiv Gandhi, former Prime Minister of India, was assassinated by a human bomb. With him 15 persons including a policeman perished and 43 suffered ievous or simple injuries. Assassin Dhanu one of the LTTE activist, who detonated

exploded) the belt bomb concealed under her waist and Haribabu, a photographer (and also a conspirator) engaged to take bi raphs of the horrific sight, also died in the blast. A camera was found intact on the of Haribabu at the scene of the crime. Film of the camera when developed led to unfolding of the os act committed by the accused and others. A charge of conspiracy for offences under TADA, I.P.C., Explosive Substances Act, 1908, Arms Act, 1959, Passport Act, 1967, Foreigners Act, 1946 and the Indian Wireless Telegraphy Act, 1933 was laid against 41 ace 12 of whom were already dead having committed suicide and three absconded. Out of these 26 faced the trial before the Designated Court. Prosecution examined 288 witnesses and produced numerous documents and material objects. The Court found

516

The Indian Penal Code

[Sec. 302

them guilty of the offences charged against them and awarded death sentence to 21 of them on the charge of conspiracy to murder under section 120B read with section 302, I.P.C. The apex Court by a unanimous verdict set at liberty 19 accused for charges under section 120B

read with section 302, I.P.C. and confirmed the death sentence awarded

by

|

the trial Court. As regards the extreme penalty of death to Nalani was concerned it was confirmed by a majority of 2 to 1. Considering the fact that she belonged to the weaker | section and she was led into the conspiracy by players on her feminine sentiments, she became an obedient participant without doing any dominator’s role. She was persistently brainwashed by A3 who became her husband and then the father of her child and her helplessness in escaping from the cobweb of Sivarasan and company. The mere fact that she became obedient to all the instructions of Sivarasan, need not be used for treatin her conduct as amounting to rarest of the rare cases. The President of India commute the death sentence of Nalani to life imprisonment on humanitarian ground, as she was mother of an infant child; State of Tamil Nadu through Superintendent of Police CBI/SIT v. Nalani, AIR 1999 (5) SC 2640. Relevant factors to ascertain murder The basic constituent of an offence under section 302, is homicidal death; Sangarabonia Sreenu v. State of Andhra Pradesh, (1997) 4 Supreme 214.

Strangulation, throttling and hanging cases Where post mortem report showed that there was ligaltive mark on the neck of the deceased wife which was anti-mortem, the opinion of the doctor was clear and definite

that such ligaltive mark of 5 cm width in horizontal position could not be caused by strangulation, the medical evidence, therefore, completely pacified the case of the accused husband that on his return from the field to his house he had found his wife hanging, and thus she had committed suicide; Madhari v. State of Chattisgarh, 2002 Cr LJ 2630 BC

*303. Punishment for murder by life-convict—Whoever, being under sentence of ![imprisonment for life], commits murder, shall be punished with death. CLASSIFICATION OF OFFENCE Punishment—Death—Cognizable—Non-bailable—Triable by Court of Session— Non-compoundable. 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. CLASSIFICATION OF OFFENCE Para I: ante eet for life, or imprisonment for 10 years and fine— Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable. Para II: Punishment—Imprisonment for 10 years, or fine, or both—Cognizable—Nonbailable—Triable by Court of Session—Non-compoundable. COMMENTS

Applicability of section 304 Part II - necessary requirements To make out an offence punishable under section 304 Part II of the Code, the feb be has to prove the death of the person in question and such death was caused

y the act of the accused and that he knew that such

act of his is likely to cause death;

State v. Sanjeev Nanda, AIR 2012 SC 3104: (2012) 8 SCC 450: 2012 (7) JT 251: 2012 (7)

SCALE

120: 2012 Cr LJ 4174.

1, Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956). * Section 303 struck down by the Supreme Court in Mithu v. State of Punjab, AIR 1983 SC 473.

Sec. 304A]

The Indian Penal Code

517

Alteration of conviction (i) Where the accused, who inflicted fatal injury on head of deceased

which caused

his death, without intention to kill him is liable to be convicted under section 304 Part Il while other accused who inflicted sword injury liable to be convicted under section 324 IPC; Asu v. State of Rajasthan, 2000 Cr LJ 207 (Raj). (ii) Where

the accused

was

about 80 years at the time of occurrence and is totally

bedridden, sentence reduced to period already under gone for the ends of justice; Dev Singh v. State of Punjab, 2000 Cr LJ 347 (Pun)). Punishment (i) Where there were contradictions in evidence of prosecution witnesses on major issues including location of place of occurrence, number of persons participating in commission of offence and non-examination of doctor to establish cause of death and also non-examination of I.O., conviction of accused cannot be sustained; Sahdeo Prasad Sao v. State of Bihar, 2000 Cr LJ 242 (Pat). (ii) Whether the plea of drunkenness can be taken as defence for claiming acquittal

or for lessening Ghani Baig v. Scope

sentence depends upon ‘intention’ and ‘knowledge’ of the accused;

Mirza

State of Andhra Pradesh, (1997) 2 Crimes 19 (AP).

(i) Before an accused is held guilty and punished under first part or second part of section 304 a death must have been caused by the assailant under any of the circumstances mentioned in the five exceptions to section 300; Harendra Nath Mandal v. State of Bihar, (1993) 1 Crimes 984 (SC).

(ii) The accused inflicted bodily injuries on the deceased which were of such nature that they were likely to cause death. There can be no doubt that the accused intended to cause and did cause the injuries, therefore liable to be punished under the first part of section 304 of Indian Penal Code; Shanmugam alias Kulandaivelu v. State of Tamil

AIR 2003 SC 209.

Nadu,

'[304A. Causing death by negligence.—Whoever causes the death of any rson 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.] CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable. STATE Himachal

Pradesh.—After

section

AMENDMENTS 304A

of the Indian

Penal

Code,

1860, in its

application to the State of Himachal Pradesh, add the following section, namely:— “304AA. Causing death or injury by driving a public service vehicle while in a state a intoxication

—Whoever, while in a state of intoxication, drives or attempts to

rive a public service vehicle and causes the death of any person not amounting to culpable homicide, or causes any bodily injury likely to cause death, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine, as if the act by which death or bodily injury is caused, is done with the knowledge that he is likely by such act to cause death or cause such bodily injury as is likely to cause death. Explanation.—” Public service vehicle” means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage and stage carriage”. [Vide The Criminal Law (Himachal sec. 2 (w.e.f. 30-8-1997)].

Pradesh

(Himachal

Pradesh

Abseniictwett Act, 1997 (19 of 1997),

In section 304AA of the Indian Penal Code, 1860, in its application to the State of Himachal Pradesh,— (a) for the words “a public service vehicle” where ever these occur, substitute the words “any vehicle”; and (b) omit the Explanation. [Vide The Criminal

Law

sec. 2 (w.e.f. 9-2-2012)].

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

Amendment)

Act, 2011 (7 of 2012),

The Indian Penal Code

518

[Sec. 304A

COMMENTS

Automobile accidents , : If there is an accident because of the negligence of the gateman in keeping the gate . open and inviting the vehicles to pass, the driver of the bus cannot be held guilty of negligence; S.N. Hussain v. State of Andhra Pradesh, AIR 1972 SC 685. Conditions to be satisfied for conviction (a) There must be death of the person in question; (b) the accused must have caused death; and (c) that such act A the accused was rash and negligent and that it did not amount to culpable homicide; State of Punjab v. Balwinder rae , AIR 2012 SC 861:

such

(2012) 2 SCC 182:

2012 (1) JT 43: 2012 (1) SCALE

62: 2012 Cr LJ 1066.

Distinction between rash and negligent act The appellant was charged with an offence under section 304A for causing death of one M by contact with the electrically charged copper wire which he had fixed up at the

back of his house with a view to prevent the entry of intruders into his latrine. It was held that the voltage of the current passing through the naked wire being high enough to be lethal, there could be no dispute that charging it with current of that voltage was a rash act done in reckless disregard of the serious consequences to people coming into contact with it for which the accused is solely responsible under section 304A; Cherupin Gregory v. State of Bihar, 1964 (1) Cr LJ 138: AIR 1965 SC 205. 11304B. 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 purpose of this sub-section, Spay 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.] CLASSIFICATION OF OFFENCE Punishment—Imprisonment of not less than 7 years but which may extend to imprisonment for life—Cognizable—Non-bailable—Triable by Court of Session—Noncompoundable. COMMENTS Applicability It was argued that the husband or any of his relative could be guilty of the offence

only if he or she directly participated in the actual commission of the offence. This contention was rejected by the Andhra Pradesh High Court. It observed that in its real import, section 304B of the Indian Penal Code would be applicable if cruelty or harassment was ag se! fthe husband on any of his relative for, or in connection with demand for dowry, immediately preceding the death by bodily injury or by burning. In short she should have died in abnormal circumstances within seven years of the marriage. In such circumstances the husband or the relative, as the case may be, will be deemed to have caused her death and will be liable to punishment; Vadde Rama Rao v. State of Andhra Pradesh, 1990 Cr LJ 1666.

Availability of legal presumption — Necessary requirements

If a married woman dies in unnatural circumstances at her matrimonial home within seven years from her marriage and there are ap of cruelty or harassment u such married woman for or in connection with demand of dowry by the husband or relatives of the husband, the case would squarely come under “dowry death” and there shall be a presumption against the husband and the relatives; Pathan Hussain Basha v. State of Andhra Pradesh, AIR 2012 SC 3205: (2012) 8 SCC 594: 2012 (7) JT 432: 2012 (7) SCALE 346: 2012 Cr LJ 4230. Burden of Proof The pron oo under section 304B of Indian Penal Code cannot escape from the burden of proof that the harassment to cruelty was related to the demand for d and such was caused “soon before her death”. The word “dowry” has to be unde as it 1. Ins. by Act 43 of 1986, sec. 10 (w.e.f. 19-11-1986).

Sec. 304B]

The Indian Penal Code

519

is defined in section 2 of the Dowry Prohibition Act, 1961. Thus, there are three occasions related to dowry, i.c., before marriage, at the time of marriage and at an unending period. The customary payment in connection with the birth of child or other ceremonies, are not involved within ambit of “dowry”; Satvir Singh v. State of Punjab, AIR 2001 SC 2828: (2001) 8 SCC 633. Dow

) Where the evidence revealed that accused—husband killed deceased—wife for not satisfying his dowry demand but nothing on record to show involvement of co-accused in-laws with the offence committed by the accused, co-accused in-laws are not guilty of a sin sections 304B; Patil Paresh Kumar Jayanti Lal v. State of Gujarat, 2000 CO LJ (Gu)).

Essential ingredients (i) To attract the provisions of section 304B of the IPC the main ingredient of the offence to be established is (a) that soon before the death the deceased she was subjected to ouey and harassment in connection with the demand of dowry, (b) the death of the

deceased

woman was caused a any burn or bodily injury or some other circumstance

which was not normal, (c) such death occurs within seven years from the date of her marriage, (d) that the victim was subjected to cruelty or harassment by her husband or

any relative of her husband, (e) such cruelty or harassment should be for or in connection with demand of dowry, and (f) it should be established that such cruelty and harassment was made soon before her death; Kashmir Kaur v. State of Punjab, AIR 2013 SC 1039. (ii) The court has to analyse the facts and circumstances as leading to death of the victim and decide if there is any proximate connection between the demand of dowry and act of cruelty or harassment and the death; Bansi Lal v. State of Haryana, AIR 2011 SC 691: (2011) 11 SCC 359: JT 2011 (5) SC 373: (2011) 1 SCALE 447. (iii) To attract the provisions of section 304B, one of the main ingredients of the

offence which is required to be established is that “soon before her subjected to cruelty and harassment “in connection with the demand

death” she was

of dowry”; Prema

§. Rao v. Yadla Srinivasa Rao, AIR 2003 SC 11. Expression ‘soon before her death’: meaning of (i) ‘Soon before her death’ means interval between cruelty and death should not be much. There must be existence of a proximate and live links between the effect of cruel based on dowry demand and the concerned death. If the aleees incident of cruelty is remote in time and has become state enough not to disturb the mental equilibrium of the woman concerned, it would be of no consequence; Mustafa Shahdal Shaikh v. State of Maharashtra, AIR 2013 SC 851. (ii) The expression

‘soon before her death’

used in the substantive

section 304B,

LP.C. and section 113B of the Evidence Act is present with the idea of proximity text. No definite period has been indicated and the expression ‘soon before her death’ is not defined. The determination of the period which can come within the term ‘soon before’ is left to be determined by the courts, depending upon facts and circumstances of each case. Suffice, however, to indicate that the expression ‘soon before would normally imp] that the interval should not be much between the concerned cruelty or harassment and the death in question. There must be existence of a proximate and live-link between the effect of cruelty based on dowry demand and the concerned death. If alleged incident of cruelty is remote in time and has become stale enough not to disturb mental equilibrium of the woman concerned, it would be of no consequence; Kaliyaperumal v. State of Tamil Nadu, AIR 2003 SC 3828. See also Yashoda v. State of Madhya Pradesh, (2004) 3 SCC 98. Presumption: Applicabili (i) resumption shall be raised only on proof of the following essentials:— (1) The question before the court must be whether the accused has committed the

dowry death of a woman. ; (2) La woman was subjected to cruelty or harassment by her husband or his relatives. (3) Such cruelty or harassment was for, or in connection with, any demand for dowry.

(4) Bush ‘onda

or harassment was soon before her death.

Kaliyaperumal v. State of Tamil Nadu, AIR 2003 SC 3828. (ii) fh dowry death cases and in most of such offences direct evidence is hardly

available and such cases are usually proved by circumstantial evidence. This section as well as section 113B of the Evidence Act enact a rule of presumption, ie., if death This may be caused occurs within seven years of marriage in suspicious circumstances. Thus, it is obligatory on the part of the prosecution by burns or any other bodily injury. to show that death occurred within seven years of marriage. If the prosecution would fail to establish that death did not occur within seven years of marriage, this section will not

520

The Indian Penal Code

[Sec. 304B

apply; Ratan Lal v. State of Madhya Pradesh, 1994 Cri LJ 1684. See also, N.V. Satyanandam v.

Public Prosecutor, AP

High Court, AIR 2004 SC 1708.

Section 304B and Section 498A - Distinction Section 304B is a substantive provision creating a new offence and not merely a provision effecting a change in procedure for trial of a pre-existing substantive offence. As a consequence, accused cannot be tried and punished for the offence of dowry death provided in section 304B with the minimum sentence of seven years’ imprisonment for an act done by them prior to creation of the new offence of dowry death; Soni Devrajbhai ae v. State of Gujarat, 1991 Cr LJ (313) (SC). cope Fi) A perusal of section 304B clearly shows that if a married woman dies 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 in connection with demand

for dowry, such death shall be called

“dowry death” and such husband or relative shall be deemed to have caused the death. The conditions precedent for establishing an offence under this section are as follows:

(a) that a married woman had died otherwise than under normal circumstances; (b) such

death was within seven years of her marriage; and (c) the prosecution has established that there was cruelty | harassment in connection with demand for dowry soon before her death; Baljit Singh v. State Z Haryana, AIR 2004 SC 1714: (2004) 3 SCC 122. (ii) Offence under section 304B of the Indian Penal Code is triable by the Court of

Session. It is a cognizable and non-bailable offence. The minimum punishment for the offence is seven years imprisonment which may extend to life imprisonment. Section 304B applies not only when death is caused by her husband or in-laws but also when death occurs pebee a @whoever might have caused it. The section will apply whenever the occurrence of death is preceded by cruelty or harassment by husband or in-laws for dowry and death occurs in unnatural circumstances. It may be emphasised that occurrence of death in such circumstances is enough though death might not have been in fact caused by the husband or in-laws. Thus the intention behind the section is to fasten death on the husband or in-laws though they did not in fact caused the death. Thus a fiction has

been created. It is because in these circumstances, the misery which corre the unfortunate married woman Pradesh, 1991 Cr LJ 263.

and agony created thereb

to end her Life; Premwati v. State of Uttar :

Unnatural death In-laws insisted dowry demands on one married young woman. Ultimately, it appeared that she was done to death and her body was cremated without sending any information to her parents or any relatives. The Supreme Court held that, if it was natural death, there was no need for the vt Sep e to act in such unnatural manner and cremate the body in great and unholy haste without even informing the parents. In the result it was an unnatural death, either homicidal or suicidal. But even assumin that it is a case of suicide even then it would be death which had occurred in unnatura circumstances. Even in such a case, section 304B is attracted and this position is not disputed. Therefore, the prosecution has established that the appellants have committed

an offence punishable under section 304B beyond all reasonable doubts; Shanti v. State of Haryana, AIR 1991 SC 1226.

305. Abetment of suicide of child or insane person.—lIf 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],

CLASSIFICATION OF OFFENCE Punishment—Death, or imprisonment for life, or imprisonment for 10 fine—Cognizable—Non-bailable—Triable by Court of Session—Non-com

years and able.

- imprisonment for a term not exceeding ten years, and shall also be liable to ne.

306. Abetment of suicide —If any person commits suicide, whoever a 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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable— ae Triable by Court of Gession—Non-comtipoundable. 1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.ef. 1-1-1956).

Sec. 307]

The Indian Penal Code

521

COMMENTS Abetment of attempt to commit suicide (i) It has been held that once the offence of abatement of committing suicide is clearly

made out against accused, despite the fact that specific charge under section 306 was not

framed against accused, would not preclude court from convicting accused for offence found proved; Prema S. Rao v. Yadla Srinivasa Rao, AIR 2003 SC 11. (ii) The basic constituents of an offence under section 306, are suicidal death and abetment thereof; Sangarabonia Sreenu v. State of Andhra Pradesh, (1997) 4 Supreme 214.

(ili) To attract the ingredients of abetment, the intention of the accused to aid or instigate or abet the deceased to commit suicide is necessary; Pallem Deniel Victoralions Victor Manter v. State of Andhra Pradesh, (1997) 1 Crimes 499 (AP). Abetment of suicide Relatives as witnesses—Where relatives of deceased woman are the only witnesses to cruelty meted out within four walls, their evidence if supported by attendant circumstances and corroborated by evidence on record cannot be discarded only because ot are interested witnesses and there is some exaggeration; Vajresh Venkatray Anvekar v.

State of Karnataka, AIR 2013 SC 329.

(ii) Merely because the appellants were of the opinion that the deceased, as a good daughter-in-law, would look after them in old age could not be said to an abetment of suicide; Nachhattar Singh v. State of Punjab, (2011) Tr See 542; JT 2011" (7)'SEG47-(2011)

3 SCALE 41.

(iii) In order to convict a person under section 306 of the Code there has to be a clear

mens rea to commit the offence. It also requires an active act or direct act which lead the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he/she committed suicide; M. Mohan v. State, AIR 2011 SC 1238: (2011) 3 SCC 626: JT 2011 (3) SC 32: (2011) 3 SCALE 78. Euthanasia — Difference between “active” and “passive” euthanasia The difference between “active” and “passive” euthanasia is that in active euthanasia, something is done to end the patient's life, while in passive euthanasia, something is not done that would have preserved the patient’s life. Passive euthanasia is withdrawing medical treatment with a deliberate intention of causing the patient’s death; Anina Ramchandran Shanbaug

v. Union of India, AIR 2011 SC 1290: (2011) 4 SCC 454: JT 2011 (3)

SC 300: (2011) 3 SCALE 298. Sec. 302 and Sec. 306 - Basic distinction Two offences under section 302 and section 306 are of distinct and different categories; Sangarabonia Sreenu v. State of Andhra Pradesh, (1997) 4 Supreme 214. Sentence For offence under section 306 the sentence may extend to ten years. In case the husband is found to have harassed his wife to such an extent as to drive her to commit suicide, sentence of five years would be proper sentence for the crime with the amount of fine of Rs. 20000 to be paid to the parents of the deceased; Prema S. Rao v. Yadla Srinivasa Rao, AIR 2003 SC 11. Suicide—Meaning thereof “Sui” means “self” and “cide” means “killing”, thus implying an act of self-killing. In short a person committing suicide must commit it by himself, irrespective of the means employed by him in achieving his object of week himself; M. Mohan v. State, AIR 2011 SC 238. (2071) 3 SCC 626: JT 2011 (3) SC 32: (2011) 3 SCALE 78.

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.]

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

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

522

The Indian Penal Code

[Sec. 307

Illustrations

(a) A shoots at Z with intention to kill him, under such circumstances that, if death

ensued. A would be guilty of murder. A is liable to punishment under this section. (b) A, with the intention of causing the death of a child of tender years, exposes it 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 A’s keeping; A has not yet committed the offence defined in this section. A places the food on Z’s table or delivers it to Z’s servant to place it on Z’s table.

A has committed the offence defined in this section.

CLASSIFICATION

OF OFFENCE

Para I: Punishment—Imprisonment for 10 years and fine—Cognizable—Nonbailable—Triable by Court of Session—Non-compoundable. Para II: Punishment—Imprisonment for life, or imprisonment for 10 years and fine— Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable. Para III: Punishment—Death, or imprisonment for 10 years and fine—Cognizable— Non-bailable—Triable by Court of Session—Non-compoundable. COMMENTS

Knowledge The intention of knowledge of the accused must be such as is necessary to constitute murder; Hari Kishan and State of Haryana v. Sukhbir Singh, (1989) Cr LJ 116: AIR 1988 SC 2127.

Scope and applicability (i) The question of intention to kill or the knowledge of death in terms of section 307, is a question of fact and not one of law. It would all depend on the facts of a given case; Vasant Virthu Jadhav v. State of Maharashtra, (1997) 2 Crimes 539 (Bom).

(ii) The important thing to be borne in mind in determining the question whether an offence under section 307, is made out is the intention and not the injury (even if simple or minor); Vasant Virthu Jadhav v. State of Maharashtra, (1997) 2 Crimes 539 (Bom).

(iii) It is not necessary that injury, capable of causing death, should have been inflicted. What is material to attract, the provisions of section 307 is the guilty intention or knowledge with which the all was done, irrespective of its result. The intention and knowledge are the matters of inference from totality of circumstances and cannot be measured merely from the results; Ansarudin v. State of Madhya Pradesh, (1997) 2 Crimes 157 (MP).

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 1. Ins. by Act 12 of 1891, sec. 2 and Sch. II.

Sec. 311]

The Indian Penal Code

523

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.

CLASSIFICATION OF OFFENCE Para I: Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Nonbailable—Triable by Court of Session—Non-compoundable.

Para II: Punishment—Imprisonment for 7 years, or fine, or both Cognizable—Nonbailable—Triable by Court of Session—Non-compoundable.

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]. CLASSIFICATION

OF OFFENCE

Punishment—Simple imprisonment for 1 year, or fine or both—Cognizable— Bailable—Triable by any Magistrate—Non-compoundable. COMMENTS

‘Attempts to commit suicide’ as under sections 306 and 307 A person who jumps into a well in order to avoid and escape from her husband

and subsequently comes out of the well herself, cannot be convicted under this section if there is no evidence to show that she wanted

to commit suicide; Emperor v. Dhirajia,

AIR 1940 All 486. Right to die vis-a-vis Right not to die The Supreme Court has set aside its earlier judgment in P. Rathinam/ Nagbhushan Patnaik v. Union of India, JT 1994 (3) SC 392, wherein the Court had struck down section

309 as unconstitutional. In a country where one-half of its population still live below the poverty line, the right to die by suicide cannot be granted to any person. Article 21 of the Constitution, which gives right to life and personal liberty, by no stretch of imagination can be said to impliedly include right to death by committing suicide. The section is also not violative of article 14. There is no requirement of awarding any minimum sentence. The sentence of imprisonment or fine is not compulsory but discretionary; Gian Kaur v. State of Punjab, JT 1996 (3) SC 339.

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 7[imprisonment for life], and shall also be liable to fine.

CLASSIFICATION OF OFFENCE Punishment—Imprisonment for life and fine—Cognizable—Non-bailable— Triable by Court of Session—Non-compoundable. 1. Subs. by Act 8 of 1882, sec. 7, for “and shall also be liable to fine”. 2 Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

524

The Indian Penal Code

[Sec. 312

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. CLASSIFICATION OF OFFENCE Para I: Punishment—Imprisonment for 3 years, and fine or both—Non-cognizable—

Bailable—Triable by Magistrate of the first class—Compoundable by the woman to whom miscarriage is caused with the permission of the Court. Para II: Punishment—Imprisonment for 7 years and _ fine—Non-cognizable— Bailable—Triable by Magistrate of the first class—Compoundable by the woman to whom miscarriage is caused with the permission of the Court.

313. Causing miscarriage without woman’s

consent.—Whoever

commits

the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with '[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. CLASSIFICATION

OF

OFFENCE

Para I: Punishment—Imprisonment for life, or imprisonment for 10 years and fine— Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

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; If act done without woman’s 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. CLASSIFICATION

OF OFFENCE

Para I: Punishment—Imprisonment for 10 years and _ fine—Cognizable—Nonbailable—Triable by Court of Session—Non-compoundable. Para II: Punishment—Imprisonment for life, or as above—Cognizable—Nonbailable—Triable by Court of Session—Non-compoundable.

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

Sec. 319]

The Indian Penal Code

525

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 10 years, or fine, or bailable—Triable by Court of Session—Non-compoundable.

both—Cognizable—Non-

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 10 years and Triable by Court of Session—Non-compoundable.

fine—Cognizable—Non-bailable—

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. CLASSIFICATION

OF OFFENCE

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

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 die 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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.

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

526

The Indian Penal Code

[Sec. 320

320. Grievous hurt.—The following kinds of hurt only are designated as “grievous” :— First.— Emasculation. Secondly.— Permanent privation of the sight of either eye. Thirdly.—

Permanent privation of the hearing of either ear,

Fourthly— Privation of any member or joint. Fifthly—

Destruction or permanent member or joint.

impairing

of the powers

Sixthly.—

Permanent disfiguration of the head or face.

of any

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. COMMENTS

The act of squeezing the testicles of a person would be an offence of causing grievous hurt; State of Karnataka v. Shivalingaiah, (1988) Cr LJ 394: AIR 1988 SC 115.

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 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 when he both causes grievous hurt and intends or to cause grievous hurt. But he is said voluntarily intending or knowing himself to be likely to cause he actually causes grievous hurt of another kind.

cause grievous hurt except knows himself to be likely to cause grievous hurt, if grievous hurt of one kind,

Illustration

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

COMMENTS Explanation The offence of grievous hurt is not caused unless the offender both causes grievous hurt and intends, or knows himself to be likely, to cause grievous hurt; Ramkaran Mohton

v. State, AIR 1958 Pat 452.

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.

Sec. 326A]

The Indian Penal Code CLASSIFICATION

OF

527

OFFENCE

Punishment—Imprisonment for 1 year, or fine of 1,000 rupees, or both—Noncognizable—Bailable—Triable by any Magistrate—Compounded by the person to whom the hurt is caused. COMMENTS

Essential ingredients of an offence if hurt actually caused is simple, a person cannot be held guilty of voluntarily causing grievous hurt even if it was in his contemplation. If he intended, or knew himself to be likely to cause only simple hurt, he cannot be

convicted for the offence under section other words, to constitute the offence of correspondence between the result and Ramkaran Mohton v. State, AIR 1958 Pat

325 even if the resultant hurt was grievous. In voluntarily causing hurt, these must be complete the intention or the knowledge of the accused; 452.

324. Voluntarily causing hurt by dangerous weapons or means.—Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any pore 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 yee a with imprisonment of either description for a term which may extend to three years, or with fine, or with both. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 3 years, or fine, or bailable—Triable by any Magistrate—Non-compoundable.

both—Cognizable—*Non-

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 7 years, and fine—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person to whom hurt is caused with the permission of the court.

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 ro of either description for a term which may extend to ten years, and shall also be liable to fine. CLASSIFICATION

OF OFFENCE

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

2(326A. Voluntarily causing grievous hurt by use of t or partial damage or payee to, or causes disfigures or disables, any part or parts of the body of grievous hurt by throwing acid on or by administering acid

acid, etc——Whoever burns or maims or a person or causes to that person, or by

* Subs. for “bailable” by Act 25 of 2005, sec. 42(f)(iii) (enforcement date yet to be notified).

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956). 2. Ins. by Act 13 of 2013, sec. 5 (w.r.e.f. 3-2-2013).

528

The Indian Penal Code

[Sec. 326A

using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be etae with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine: Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim: Provided further that any fine imposed under this section shall be paid to the victim.] CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for not less than 10 years but which may extend to imprisonment for life and fine to be paid to the victim—Cognizable—Non-bailable— Triable by Court of Session.

1[326B. throws

Voluntarily

or attempts

throwing

to throw

or attempting

acid on any person

acid to any person, or attempts to use causing permanent or partial damage disfigurement or disability or grievous with imprisonment of either description

to throw

acid.—Whoever

or attempts

to administer

any other means, with the or deformity or burns or hurt to that person, shall for a term which shall not

intention of maiming or be punished be less than five years but which may extend to seven years, and shall also be liable to fine. xplanation 1—For the purposes of section 326A and this section, “acid” includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability. Explanation 2.—For the purposes of section 326A and this section, permanent or partial damage or deformity shall not be required to be irreversible.] CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 5 years but which may extend to 7 years and with fine—Cognizable—Non-bailable—Triable by Court of Session.

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 to do anything

in such sufferer

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. CLASSIFICATION

OF OFFENCE

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

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 an 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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 10 years and Triable by Court of Session—Non-compoundable.

fine—Cognizable—Non-bailable—

329. habe geen, Aete grievous hurt to extort , or to constrain to an illegal act—Whoever voluntarily causes grievous hurt for the pu of extorting from the sufferer or from any person interested in the su any property or valuable security, or of constraining the sufferer or any person 1. Ins. by Act 13 of 2013, sec. 5 (w-re.f. 3-2-2013).

*

Sec. 332]

The Indian Penal Code

529

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

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. (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. CLASSIFICATION

OF OFFENCE

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

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 soe!Soe 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 = plat with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 10 years and Triable by Court of Session—Non-compoundable.

fine—Cognizable—Non-bailable—

332. Voluntarily colpac, 3hurt 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, that person in punished with to three years,

or in consequence of anything done or attempted to be done by the lawful discharge of his duty as such public servant, shall be imprisonment of either description for a term which may extend or with fine, or with both. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Nonbailable—Triable by Magistrate of the first class—Non-compoundable. 1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

530

The Indian Penal Code

[Sec. 332

STATE AMENDMENT Maharashtra.—In section 332, for the words “three years”, substitute the words “five ears”. :

[Vide Maharashtra Act XL of 2018, sec. 2].

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. CLASSIFICATION

OF

OFFENCE

Panamera for 10 years and fine—Cognizable—Non-bailable— Triable by Court of Session—Non-compoundable. 334. Voluntarily causing hurt on provocation.—Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be pre! to cause hurt to any person other than the person who gave the provocation, s

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. CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 1 month, or fine of 500 rupees, or both—Noncognizable—Bailable—Triable by any Magistrate—Compoundable by the person to whom the hurt is caused.

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 4 years, or fine of 2000 rupees, or both—CognizableBailable—Triable by Magistrate of the firstclass—Compoundable by the person to whom hurt is caused. 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.

:

CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 3 months, or fine of 250 rupees, Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

or

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 nn eg as to endanger human life, or the personal safety of others, shallbe punis 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. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 6 months, or fine of 500 rupees, or both—Cognizable— Bailable—Triable by any Magistrate—Compoundable by the person to whom hurt is caused with the permission of the court.

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

Sec. 342]

The Indian Penal Code

531

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 2 years, or fine of 1,000 rupees, or both—Cognizable— Bailable—Triable by any Magistrate—Compoundable by the person to whom hurt is caused with the permission of the court. COMMENTS

Issue of punishing negligence is to make a clear distinction between negligence and recklessness and to reserve criminal punishment for the later. If the conduct in question involves elements of recklessness, then it is punishable and should not be described as merely negligent. If, however, there is nothing to suggest that the actor was aware of the risk deliberately taken, then he is morally blameless and should face at the most, a civil

action for dmages; Dr. P.B. Desai v. State of Maharashtra, AIR 2014 SC 795.

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.

340. Wrongful confinement.—Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person. Illustrations (a) A causes Z to go within a walled space, and locks Z in. A is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z. (b) A places men with firearms at the outlets of a building, and tells Z that they will

fire at Z if Z attempts to leave the building.

341. Punishment

A wrongfully confines Z.

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. CLASSIFICATION

OF OFFENCE

Punishment—Simple imprisonment for 1 month, or fine of 500 rupees, or both— Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person restrained or confined.

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 1 year, or fine of 1,000 rupees, or both—Cognizable— Bailable—Triable by any Magistrate—Compoundable by the person restrained or confined.

532

The Indian Penal Code

343. Wrongful

confinement

for three or more

[Sec. 343

days.—Whoever

wrong-

fully 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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable— Triable by any Magistrate—Compoundable by the person confined.

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person confined.

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 2 years in addition to imprisonment under any other section—Cognizable—Bailable—Triable by Magistrate of the first class—Noncompoundable.

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 2 years, in addition to imprisonment under any other section—Cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the person confined.

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. 350]

The Indian Penal Code CLASSIFICATION

OF

533

OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

Of Criminal Force and Assault 349. Force.—A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything so situated that such

contact affects that other’s sense of feeling: Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter described. First.— By his own bodily power. Secondly.— By disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person. Thirdly— By inducing any animal to move, to change its motion, or to cease to move.

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

(a) Z is sitting in a moored

boat on a river. A unfastens the moorings, and thus

intentionally causes the boat to drift down the stream. Here A intentionally causes motion

to Z, and he does this by disposing substances in such a manner that the motion is produced without any other act on any person’s part. A has therefore intentionally used

force to Z; and if he has done so without Z’s consent, in order to the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z.

534

The Indian Penal Code

[Sec. 350

(b) Z is riding in a chariot. A lashes Z’s horses, and thereby causes them to quicken their pace. Here Z has caused change of motion to Z by inducing the animals to change their motion. A has therefore used force to Z; and if A has done this without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z. (c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here A has caused 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 Z’s consent, in order to the commission of an offence. A has used criminal force to Z. (d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z; and if he has done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used

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

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

351. Assault—Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person

present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit 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.

Ms z=

Sec. 354]

The Indian Penal Code

535

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

OF

OFFENCE

Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—NonCognizable—Bailable—Triable by any Magistrate—Compoundable by the person assaulted or to whom criminal force is used. COMMENTS Thumb impression taken forcibly Forcibly taking the thumb-impression of a person on a blank piece of paper amounts to an offence of assault or use of criminal force punishable under this section; Jadunandan

Singh v. Emperor, AIR 1941 Pat 129.

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 Ves 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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or bailable—Triable by any Magistrate—Non-compoundable. STATE

both—Cognizable—Non-

AMENDMENT

Maharashtra.—In section 353, for the words “two years”, substitute the words “five ears”. [Vide Maharashtra Act XL of 2018, sec. 3].

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 one year but which may extend to five years, and shall also be liable to fine.] CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 1 year which may extend to 5 years, and with fine— Cognizable—Non-bailable—Triable by any Magistrate. STATE AMENDMENTS Andhra Pradesh.—For section 354, substitute the following section, 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 ey a or knowing it to be likely that he will thereby outrage her modesty, shall be 1. Subs. by Act 13 of 2013, sec. 6, for “shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both” (w.r.e.f. 3-2-2013).

536

The Indian Penal Code

(Sec. 354

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 Andhra Pradesh Act 6 of 1991]. Chattisgarh.—In section 354, insert the following proviso, namely:— “Provided that where offence is committed, under this section by a relative, guardian or teacher or a person in a position of trust or authority towards the person assaulted, he shall be punishable with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years and shall also be liable to fine.” [Vide Chattisgarh Act 25 of 2015, sec. 3 (w.e.f. 21-7-2015).] Madhya Pradesh.—After section 354, insert the following section, namely:—

“354A. Assault or use of Criminal force to woman with intent to disrobe her.— Whoever 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 i such assault, he will thereby outrage or causes to be outraged the modesty of the woman by disrobing or coinpel 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’, substitute the word ‘non-bailable’. [Vide Orissa Act 6 of 1995, sec. 3 (w.e.f. 10-3-1995)].

COMMENTS

Ingredients What constitutes an outrage to female modesty is nowhere defined. The essence of a woman’s modesty is her sex. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive. Modesty in this section is an attribute associated with female human beings as a class. It is a virtue which attaches to a female owing to her sex. The act of pulling a woman, removing her saree, coupled with a request for sexual intercourse, is such as would be an outrage to the modesty of a woman; and knowledge, that modesty is likely to be outraged, is sufficient to constitute the offence without any deliberate intention having such outrage alone for its object. As indicated above, the word ‘modesty’ is not defined in 1.P.C.; Raju Pandurang Mahale v. State of Maharashtra, AIR 2004 SC 1677.

1[354A. Sexual harassment and punishment for sexual harassment.—(1) A

man committing vat of the following acts— (i) physical contact and advances involving unwelcome and explicit sexual overtures; or (ii) a demand or request for sexual favours; or (iii) showing pornography against the will of a woman; or (iv) making sexually coloured remarks, shall be guilty of the offence of sexual harassment. (2) Any man who commits the offence specified in clause (i) or clause (ii) or

clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both. (3) Any man who commits the offence specified in clause (iv) of sub-section

(1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.] 1. Ins. by Act 13 of 2013, sec. 7 (w.ref. 3-2-2013).

a ee a ee some

Sec. 354D]

The Indian Penal Code CLASSIFICATION

OF

537

OFFENCE

Sexual harassment of the nature of unwelcome physical contact and advances or a demand or request for sexual favours, showing pornography.—Punishment—Imprisonment which may extend to 3 years or with fine or with both—Cognizable—Bailable—Triable by any Magistrate. Sexual harassment of the nature of making sexually coloured remark.—Punishment— imprisonment which may extend to 1 year or with fine or with both—Cognizable— Bailable—Triable by any Magistrate.

‘[354B. Assault or use of criminal force to woman with intent to disrobe.— Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.] CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment of not less than 3 years but which may extend to 7 years and with fine—Cognizable—Non-bailable—Triable by any Magistrate.

'(354C. Voyeurism.—Any man who watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine. Explanation 1—For the purpose of this section, “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be maseeted to provide privacy and where the victim’s genitals, posterior or breasts are exposed or covered pay in underwear; or the victim is using a ayaare i or the victim is doing a sexual act that is not of a kind ordinarily done in public. Explanation 2.—Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section.] CLASSIFICATION

OF OFFENCE

Para I: Punishment—Imprisonment of not less than 1 year but which may extend to 3 years and with fine for first Se acaoPaLATAG HORE eae by any Magistrate. Para II: Punishment—Imprisonment of not less than 3 years but which may extend to 7 years and with fine for second or subsequent conviction—Cognizable—Non-bailable— Triable by any Magistrate.

(354D. Stalking.—(1) Any man who—

(i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or

(ii) monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking: Provided that such conduct shall not amount to stalking if the man who j pursued it proves that— (i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or (ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or (iii) in the particular circumstances such conduct was reasonable and justified. 1. Ins. by Act 13 of 2013, sec. 7 (w.r.e.f. 3-2-2013).

[Sec. 354D

The Indian Penal Code

538

(2) Whoever commits the offence of stalking shall be punished on first conviction with

imprisonment of either description for a term which may extend to three years, and shall also be fiable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. CLASSIFICATION

OF

OFFENCE

Para I: Punishment—Imprisonment upto 3 years and with fine for first conviction— Cognizable—Bailable—Triable by any Magistrate. Para II: Punishment—Imprisonment upto 5 years and with fine for second or subsequent conviction—Cognizable—Non-bailable—Triable by any Magistrate. STATE & UT AMENDMENT Chattisgarh.—After section 354D, insert the following, namely:—

“354E. Liability person present who fails to prevent the commission of offence under

section

354, 354A,

354B,

354C,

354D.—Whoever,

bein

resent

at the

time

of

commission of an offence under section 354, section 354A, section 354B, section 354C or section 354D and being able to prevent such offence, fails to prevent the commission of such offence or not being in position to prevent the commission of such offence, fails to

give information of the commission of such offence to the

nearest magistrate or police officer, by any mode, with the intention of screening the offender from legal punishment, shall be liable for abetment of such offence and shall be punished with imprisonment of either description which may extend to three years or with fine or with both.” [Vide Chattisgarh Act 25 of 2015, sec. 4 (w.e.f. 21-7-2015).]

Union Territory of Jammu and Kashmir.—After section 354D, insert the following section, ETE “354E. Sextortion.—(1) Whoever,— (a) being in a position of authority; or

(b) being in a fiduciary relationship; or (c)

being a

public servant,

abuses such authority or fiduciary relationship or misuses his official position to employ physical or non physical forms of coercion to extort or demand sexual favours from any woman in exchange of some benefits or other favours that such person is empowered to grant or withhold, shall be guilty of offence of sextortion. Explanation —For the purpose of this section, “sexual favour’ shall mean and include any kind of unwanted sexual activity ranging from sexually suggestive conduct, sexually explicit actions such as touching, exposure of private Body Parts to sexual intercourse, including exposure over the electronic mode of communication.

(2) Any person who commits the offence of sextortion shall be punished with rigorous imprisonment for a term which shall not be less than three years but may extend to five years and with fine.”.

[Vide the Jammu and

Kashmir Reorganisation (Adaptation of Central Laws) Order,

2020 (w.e.f. 18-3-2020), S.O. 1123(E), dated 18th March, 2020, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), No. 1016, dated 18th March, 2020.] 355. Assault or criminal force with intent to dishonour person, otherwise than on

ave 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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-Cognizable— Bailable—Triable by any Magistrate—Compounded by the person assaulted or to whom criminal force is used. STATE AMENDMENT Andhra Pradesh.—Offence under section 355 is non-cognizable, bailable and triable by a hag wig [Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e-f. aura 356. Assault or criminal force in attempt to commit theft person.—Whoever assaults or uses criminal to any person, in yr

carried by a TSto commit

theft on any property which that person is then wea A or carrying, shall be punished car gmt pe either description for a term which may extend to two years, or with

fine, or wit

:

Sec. 361]

The Indian Penal Code CLASSIFICATION

OF

539

OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable— Triable by any Magistrate—Non-compoundable. 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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 1 year, or fine of 1,000 rupees, or both—Cognizable— Bailable—Triable by any Magistrate—Compoundable by the person assaulted or to whom the force was used with the permission of the court. 358. Assault or criminal force on grave provocation.—Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. Explanation.—The last section is subject to the same Explanation as section 352. CLASSIFICATION

OF

OFFENCE

Punishment—Simple imprisonment for one month, or fine of 200 rupees, or both— Non-cognizable—Bailable—Triable by any Magistrate—Compoundable by the person assaulted or to whom criminal force is used.

Of Kidnapping, Abduction, Slavery and Forced Labour 359. Kidnapping.—Kidnapping is of two kinds: kidnapping from '[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 '[India]. 361. Kidnapping from lawful guardianship.—Whoever takes or entices any minor under 2[sixteen] years of age if a male, or under *[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 lawful custody of such child, unless such act is committed for an immoral or unlawful purpose. STATE AMENDMENT Manipur.—In section 361 for the words ‘eighteen’, substitute the word ‘fifteen’. [Vide Manipur Act 30 of 1950, sec. 3 (w.e.f. 16-4-1950), read with Act 81 of 1971,

sec. 3 (w.e.f. 25-1-1972)]. COMMENTS

Inducement not immediate cause

The accused was

for kidnapping a minor

girl, below 15 years of age from

the lawful guardianship of her father. It was established that the accused had an earlier stage solicited or induced minor girl to leave her father’s protection by conveying or feticating an encouraging suggestion, that he would give her shelter. Holding the 1. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. (w.e.f. 1-4-1951), to read as above.

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

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

540

The Indian Penal Code

[Sec. 361

accused liable for kidnapping under section 363, the Supreme Court said that the mere circumstances that his act was not the immediate cause of her leaving her parental home or guardian’s custody would constitute no valid defence and would not absolve him from the offence of kidnapping. The question truly falls for determination on the facts and circumstances of each case; Thakorilal D Vadgama v. State of Gujarat, AIR 1973 SC 2314: (1973) 2 SCC 413. Lawful guardian Where facts indicate that a girl left her father’s protection, knowing and having capacity to know the full import of what she was doing and voluntarily joined the accused, the offence of kidnapping cannot be said to have been made out; S. Varadrajan v. State of Madras, AIR 1965 SC 942. Use of word ‘keeping’: Meaning of The use of the word “keeping” in the context connotes the idea of charge, protection, maintenance and control; further the guardian’s charge and control appears to be compatible with the independence of action and movement

in the minor, the guardian’s

protection and control of the minor being available, whenever necessity arises. On plain reading of this section the consent of the minor who is taken or enticed is wholly immaterial: it is only the guardian’s consent which takes the case out of its purview. Nor is it necessary that the taking or enticing must be shown to have been by means of force or fraud. Persuasion by the accused person which creates willingness on the part of the minor to be taken out of the keeping of the lawful guardian would be sufficient to attract the section; Prakash v. State of Haryana, AIR 2004 SC 227.

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. COMMENTS

Abduction distinguished from kidnapping It is well known that the ingredients

of the two

offences—‘kidnapping’

and

‘abduction’—are entirely different. These are two distinct offences; Abhaya Jena v. State of Orissa, (1997) Crimes 531 (Ori).

363. Punishment

for kidnapping.—Whoever

kidnaps any person

from

'[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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable. STATE

AMENDMENT

Uttar Pradesh.—Offence under section 363, LP.C. is non-bailable. [Vide Uttar Pradesh Act 1 of 1984, sec. 12 (w.e-f. 1-5-1984)].

7[363A. Kidnapping or maiming a minor for purposes of begging.— (1) Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purpose of begging shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (2) Whoever maims any minor in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine. 1. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. (w.e.f. 1-4-1951), to read as above. 2. Ins. by Act 52 of 1959, sec. 2 (w.e.f. 15-1-1960).

Sec. 364A]

The Indian Penal Code

541

(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; (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.] “ CLASSIFICATION

OF

OFFENCE

Para I: Punishment—Imprisonment for 10 years and _ fine—Cognizable—Nonbailable—Triable by Magistrate of the first class—Non-compoundable. Para II: Punishment—Imprisonment for life and fine—Cognizable—Non-bailable— Triable by Court of Session—Non-compoundable.

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 '[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 sacrificed (b) A murdered.

kidnaps Z from 7[India], intending or knowing it to be likely that Z may be to an idol. A has committed the offence defined in this section. forcibly carries or entices B away from his home in order that B may be A has committed the offence defined in this section. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

3[364A. 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 1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956). 2. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. (w.e.f. 1-4-1951), to read as above.

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

The Indian Penal Code

542

[Sec. 364A

causes hurt or death to such person in order to compel the Government or [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 punishable with death, or imprisonment for life, and shall also be liable to fine.] CLASSIFICATION OF OFFENCE Punishment—Death, or imprisonment for life and fine—Cognizable—Non-bailable— Triable by Court of Session—Non-compoundable.

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, ai shall also be liable to fine. CLASSIFICATION

OF OFFENCE

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

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 an 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; “[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 be punishable as aforesaid]. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 10 years and Triable by Court of Session—Non-compoundable.

fine—Cognizable—Non-bailable—

COMMENTS

Mere abduction of women not sufficient to attract offence under Section 366. It is necessary to prove that accused abducted woman with intent to compel her to marry against her will or to force or seduce her to illicit intercourse; Kavita Chandrakant Lakhani v. State of Maharashtra, AIR 2018 SC 2099.

3[366A. Procuration of minor girl—Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do ag with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be pale with imprisonment which may extend to ten years, and shall also liable to fine.] CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 10 years and Triable by Court of Session—Non-compoundable.

5[366B. Importation of girl from foreign

fine—Cognizable—Non-bailable—

country.—Whoever imports into

‘[India] from any country outside India *[or from the State of Jammu and Kashmir] any girl under the age of twenty-one years with intent that she may be, Subs. by Act 24 of 1995, for “any other person” (w.e.f. 26-5-1995). Added by Act 20 of 1923, sec. 2. Ins. by Act 20 of 1923, sec. 3. me all call The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. (w.e.f. 1-4-1951), to read as above. am Ins. by Act 3 of 1951, sec. 3 and Sch. (w.e.f. 1-4-1951).

Sec. 369]

The Indian Penal Code

543

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.] CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 10 years and Triable by Court of Session—Non-compoundable.

fine—Cognizable—Non-bailable

COMMENTS

Age of the prosecutrix (i) Where the age of prosecutrix was 14 years at the time of incident not proved while test report suggested her age about 40 years and further she had willingly gone

with accused without making complaints to any body on way thus no offence is made out and as such conviction is liable to set aside; Shakeel alias Pappoo v. State of Uttar Pradesh, 2000 Cr LJ 153 (All).

(ii) Consent of a minor prosecutrix does not matter if she was taken to separate places for making sexual intercourse away from her lawful guardians, her name as different in FIR does not matter as it was her pet name, under such circumstances accused is guilty of kidnapping and raping a minor for days long; Mohandas Suryavanshi v. State of Madhya Pradesh,

1999 Cr LJ 3451 (MP).

367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc—Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subject to grievous hurt, or slavery, or to 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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 10 years and _ fine—Cognizable—Non-bailable— Triable by Court of Session—Non-compoundable.

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. CLASSIFICATION

OF

OFFENCE

Punishment—Punishment for kidnapping or abduction—Cognizance—Non-bailable— Triable by court by which the kidnapping or abduction is triable—Non-compoundable.

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 7 years and _ fine—Cognizable—Non-bailable— Triable by Magistrate of the first class—Non-compoundable. 1. Certain words omitted by Act 3 of 1951, sec. 3 and Sch. (w.e.f, 1-4-1951).

[Sec. 370

The Indian Penal Code

544

11370. Trafficking of person.—(1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person

or persons, by— First.—

using threats, or

Secondly.— using force, or any other form of coercion, or Thirdly.—

by abduction, or

Fourthly.— by practising fraud, or deception, or Fifthly— by abuse of power, or Sixthly— by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control

over

the

person

recruited,

transported,

harboured,

transferred or received,

commits the offence of trafficking. Explanation 1.—The expression “exploitation” shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs.

Explanation 2.—The consent of the victim is immaterial in determination of

the offence of trafficking. (2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine. (3) Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. (4) Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. (5) Where the offence involves the trafficking of more

than one minor, it

shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine. (6) If a person is convicted of the offence of trafficking of minor on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine.

(7) When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.] CLASSIFICATION

OF OFFENCE

Trafficking of person —Punishment—Imprisonment of not less than 7 years but which may extend to 10 years and with fine—Cognizable—Non-bailable—Triable by Court of Session. 1. Subs. by Act 13 of 2013, sec. 8, for section 370 (w.r.e.f. 3-2-2013). Section 370, before substitution, stood as under: “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 ext. ad to seven years, and shall also be liable to fine.”.

Sec. 372]

The Indian Penal Code

545

Trafficking of more than one person.—Punishment—Imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine—Cognizable—Non-

bailable—Triable by Court of Session. Trafficking of a minor—Punishment—Imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine—Cognizable—Non-bailable— Triable by Court of Session.

Trafficking of more than one minor —Punishment—Imprisonment of not less than 14 years but which may extend to imprisonment for life and with fine—Cognizable—Nonbailable—Triable by Court of Session. Person convicted of offence of trafficking of minor on more than one occasion.—Punishment— Imprisonment for life which shall mean the remainder of that person’s natural life and with fine—Cognizable—Non-bailable—Triable by Court of Session.

Public servant or a police officer involved in trafficking of minor—Punishment— Imprisonment for life which shall mean the remainder of that person’s natural life and with fine—Cognizable—Non-bailable—Triable by Court of Session.

(370A. Exploitation of a trafficked person.—(1) Whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for

sexual exploitation in any manner, shall be punished with rigorous imprisonment 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.

(2) Whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to five years, and shall also be liable to fine.] CLASSIFICATION

OF OFFENCE

Exploitation of a trafficked child —Punishment—Imprisonment of not less than 5 years but which may extend to 7 years and with fine—Cognizable—Non-bailable—Triable by Court of Session. Exploitation of a trafficked person —Punishment—Imprisonment of not less than 3 years but which may extend to 5 years and with fine—Cognizable—Non-bailable—Triable by Court of Session.

371. Habitual dealing in slaves.—Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with [imprisonment for life], or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years, and fine— Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

372. Selling minor for purposes of prostitution, etc.—Whoever sells, lets to hire, or otherwise disposes of any “[person under the age of eighteen years with 1. Subs. by Act 13 of 2013, sec. 8, for section 370 (w.r.e.f. 3-2-2013).

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

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

546

The Indian Penal Code

{Sec. 372

intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be} employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine. '[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 Il_—For the purposes of this section “illicit intercourse” means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.] CLASSIFICATION

OF

OFFENCE

Punishment—Impi.sonment for 10 years and Triable by Court of Session—Non-compoundable.

fine—Cognizable—Non-bailable—

373. Buying minor for purposes of prostitution, etc—Whoever buys, hires or otherwise obtains possession of any *[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 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. [Explanation I—Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the

age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution. Explanation Il.—‘Miicit intercourse” has the same meaning as in section 372.] CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 10 years and Triable by Court of Session—Non-compoundable.

fine—Cognizable—Non-bailable—

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Bailable— Triable by any Magistrate—Non-compoundable. 1. Ins. by Act 18 of 1924, sec. 3.

2. Subs. by Act 18 of 1924, sec. 2, for certain words. 3.

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

Sec. 375]

The Indian Penal Code

547

'{Sexual offences] ?[375. Rape.—A man is said to commit “rape” if he— (a)

(b)

penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other

person; or inserts, to any extent, any object or a part of the body, not being the

penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or (c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman

or makes her to do so with him or any other person; or

(d)

applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:— First—Against her will. Secondly.—Without her consent. Thirdly— With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt. Fourthly.— With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fifthly.— With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. 1. Subs. by Act 43 of 1983, sec. 3, for the heading “Of rape” (w.e.f. 25-12-1983). 2. Subs. by Act 13 of 2013, sec. 9 (w.r.e.f. 3-2-2013), for section 375. Earlier section 375 was substituted by Act 43 of 1983, sec. 3 (w.e.f. 25-12-1983). Section 375, before substitution by

Act 13 of 2013, stood as under: “375. Rape—A man is said to commit “rape” ’ who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:— First.— Against her will. Secondly.— Without her consent. Thirdly.— With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt. Fourthly— With her consent, when the man knows that he is not her husband, and that

her consent is given because she believes that he is another man to whom

Fifthly—

Sixthly—

she is or believes herself to be lawfully married. 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. With or without her consent, when she is under sixteen years of age.

Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to | the offence of rape. under being not wife the wife, own his with man a se by l intercour n.—Sexua Exceptio fifteen years of age, is not rape.”.

548

The Indian Penal Code

Sixthly—

[Sec. 375

With or without her consent, when she is under eighteen

years of age. Seventhly.—When Explanation 1.—For the labia majora. Explanation 2.—Consent woman by words, gestures communicates willingness

she is unable to communicate consent. purposes of this section, “vagina” shall also include

means an unequivocal voluntary agreement when the or any form of verbal or non-verbal communication, to participate in the specific sexual act: Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exception 1—A medical procedure or intervention shall not constitute rape. Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.] COMMENTS

Rape or consensual sex Intercourse under promise to marry constitutes rape only if from initial stage accused had no intention to keep promise. An accused can be convicted for rape only if the court reaches a conclusion that the intention of the accused was miala fide, and that he had clandestine motives; Deepak Gulati v. State of Haryana, AIR 2013 SC 2071.

'[376. Punishment for rape.—(1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment 1. Subs. by Act 13 of 2013, sec. 9, for section 376 (w.r.e.f. 3-2-2013). Earlier section 376 was

substituted by Act 43 of 1983, sec. 3 (w.e.f. 25-12-1983). Section 376, before substitution by Act 13 of 2013, stood as under:

“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 women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisco. vent 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 (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

(c)

on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or being on the management or on the staff of a jail, remand home or other place

of custody established by or under any law for the time being in force or of a woman’s or children’s institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or Contd. on next page

Sec. 376]

The Indian Penal Code

549

of either description for a term which '[shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine]. (2) Whoever,—

(a)

(b)

(c) (d)

(e) (f)

being a police officer, commits rape— (i) within the limits of the police station to which such police officer is appointed; or (ii) in the premises of any station house; or (iii) On a woman in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or being a public servant, commits rape on a woman in such public servant's custody or in the custody of a public servant subordinate to such public servant; or being a member of the armed forces deployed in area by the Central or a State Government commits rape in such area; or 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 women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such

woman; or Contd. from previous page (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 years. Explanation 1.—Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section. Explanation 2—“Women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected woman or children or a widows’ home or

by any other name, which is established and maintained for the reception and care of woman or children. Explanation 3.—“Hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.”. 1. Subs. by Act 22 of 2018, sec. 4(a), for “shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine” (w.re.f, 21-4-2018).

The Indian Penal Code

550

{[Sec. 376

(g) commits rape during communal or sectarian violence; or (h) commits rape on a woman knowing her to be pregnant; or hana |

(j) commits rape, on a woman incapable of giving consent; or (k) being in a position of control or dominance over a woman, commits rape on such woman; or (I) commits rape on a woman

suffering

from

mental

or physical

disability; or

while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or (n) commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine. Explanation.—For the purposes of this sub-section,— (a) “armed forces” means the naval, military and air forces and includes

(m)

any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any

auxiliary forces that are under the control of the Central Government or the State Government; (b) “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; (c) “police officer” shall have the same meaning as assigned to the expression “police” under the Police Act, 1861 (5 of 1861);

(d) “women’s or children’s institution” means an institution, whether

called an orphanage or a home for neglected women or children or a widow’s home or an institution called by any other name, which is established and maintained for the reception and care of women or children.]

*[(3) Whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: 1. Clause (i) omitted by Act 22 of 2018, sec. 4(b) (w.re.f. 21-4-2018). Clause (i), before omission, stood as under:

“(i) commits rape on a woman when she is under sixteen years of age; or”. 2. Ins. by Act 22 of 2018, sec. 4(c) (w.re.f. 21-4-2018).

Sec. 376AB}

The Indian Penal Code

551

Provided further that any fine imposed under this sub-section shall be paid

to the victim.]

CLASSIFICATION

OF

OFFENCE

Rape—Punishment—Rigorous imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine—Cognizable—Non-bailable—Triable

by Court of Session.

Rape by a police officer or a public servant or member of armed forces or a person being on the management or on the staff of a jail, remand home or other place of custody or women’s or children’s institution or by a person on the management or on the staff of a hospital, and rape committed by a person in a position of trust or authority towards the person raped or by a near relative of the person raped —Punishment—Rigorous imprisonment of not less than 10 years but which may extend to imprisonment for life which shall mean the remainder of that person’s natural life and with fine—Cognizable—Non-bailable—Triable by Court of Session. Persons Committing Offence of Rape on a woman under sixteen years of age—Punishment— Rigorous imprisonment for a term which shall not be less than 20 years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life and with fine—Cognizable—Non-bailable—Triable by Court of session. COMMENT

Even assuming that Prosecutrix was of easy virtue, she had right of refuse to submit herself to sexual intercourse to anyone; State (Govt. of NCT of Delhi) v. Pankaj Chaudhary & ors., LNIND 2018 SC 565: AIR 2018 SC 5412.

[376A. Punishment for causing death or resulting in persistent vegetative state of victim.—Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts

an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to

imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, or with death.] CLASSIFICATION

OF

OFFENCE

Punishment—Rigorous imprisonment of not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life or with death—Cognizable—Non-bailable—Triable by Court of Session.

2(376AB. Punishment for rape on woman

under twelve years of age.—

Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine or with death: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: 1. Subs. by Act 13 of 2013, sec. 9, for section 376A (w.r.c.f, 3-2-2013). Earlier section 376A was substituted by Act 43 of 1983, sec. 3 (w.e.f. 25-12-1983). Section 376A, before substitution by

Act 13 of 2013, stood as under: “376A. 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 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.”. 2. Ins. by Act 22 of 2018, sec. 5 (w.r.e.f. 21-4-2018).

552

The Indian Penal Code

[Sec. 376AB

Provided further that any fine imposed under this section shall be paid to the victim.] CLASSIFICATION

OF

OFFENCE

Punishment—Rigorous iniprisonment of not less than 20 years which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life and with fine or with death—Cognizable—Non-bailable—Triable by Court of Session.

11[376B. Sexual intercourse by husband upon his wife during separation.— Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description, for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine. Explanation.—In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 375.] CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for not less than 2 years but which may extend to 7 years and with fine—Cognizable (but only on the complaint of the victim)—Bailable—Triable by Court of Session.

7[376C. Sexual intercourse by a person in authority.—Whoever, being—

(a) in a position of authority or in a fiduciary relationship; or (b) a public servant; or (c) 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 a women’s or children’s institution; or 1. Subs. by Act 13 of 2013, sec. 9, for section 376B (w.r.e.f. 3-2-2013). Earlier section 376B was substituted by Act 43 of 1983, sec. 3 (w.e.f. 25-12-1983). Section 376B, before substitution by

Act 13 of 2013, stood as under: “376B. 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.”. 2. Subs. by Act 13 of 2013, sec. 9, for section 376C (w.r.e.f. 3-2-2013). Earlier section 376C was substituted by Act 43 of 1983, sec. 3 (w.e.f. 25-12-1983). Section 376C, before substitution by Act 13 of 2013, stood as under:

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

Explanation 1.—"Superintendent” in relation to jail, remand home or other place of custody or a women’s or children’s institution 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 “women’s or children’s institution” shall have the same meaning as in Explanation 2 to sub-section (2) of section 376.”

—

Sec. 376D]

The Indian Penal Code

552A

(d)

on the management of a hospital or being on the staff of a hospital, abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual

intercourse

with him, such sexual

intercourse

not amounting

to the of-

fence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine. Explanation 1.—In this section, “sexual intercourse” shall mean any of the acts mentioned

in clauses (a) to (d) of section 375.

Explanation 2.—For the purposes of this section, Explanation 1 to section 375 shall also be applicable. Explanation 3.—Superintendent”, in relation to a jail, remand home or other place of custody or a women’s or children’s institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which such person can exercise any authority or control over its inmates.

Explanation 4—The expressions “hospital” and “women’s or children’s institution” shall respectively have the same meaning as in Explanation to subsection (2) of section 376.] CLASSIFICATION

OF

OFFENCE

Punishment—Rigorous imprisonment for not less than 5 years but which may extend to 10 years and with fine—Cognizable—Non-bailable—Triable by Court of Session.

11[376D. Gang rape—Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than

twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine: Provided that such fine shall be just and reasonable to meet the medical

expenses and rehabilitation of the victim: Provided further that any fine imposed under this section shall be paid to the victim.] 1. Subs. by Act 13 of 2013, sec. 9, for section 376D (w.r.e.f. 3-2-2013). Earlier section 376D was substituted by Act 43 of 1983, sec. 3 (w.e.f. 25-12-1983). Section 376D, before substitution by

Act 13 of 2013, stood as under: ”376D. Intercourse by any member of the management or staff of a hospital with any woman in that hospital—Whoever, being on the management of a hospital or being on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman in that hospital, such sexual intercourse not amounting

to the offence of rape, shall be

punished with imprisonment of either description for 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.”.

552B

The Indian Penal Code CLASSIFICATION

OF

[Sec. 376D

OFFENCE

Punishment—Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life and with fine to be paid to the victim—Cognizable—Nonbailable—Triable by Court of Session.

11376DA. Punishment for gang rape on woman under sixteen years of age.—Where a woman under sixteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine:

Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this section shall be paid to the victim.] CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life and with fine—Cognizable—Non-bailable—Triable by Court of Session.

11376DB. Punishment for gang rape on of age.—Where a woman under twelve years more persons constituting a group or acting intention, each of those persons shall be deemed

woman under twelve years of age is raped by one or in furtherance of a common to have committed the offence

of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this section shall be paid to the victim.] CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life and with fine or with death—Cognizable—Nonbailable—Triable by Court of Session.

>[376E. Punishment for repeat offenders.—Whoever has been previously convicted of an offence punishable under section 376 or section 376A or “[section 376AB or section 376D or section 376DA or section 376DB,] and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death.] 1. Ins. by Act 22 of 2018, sec. 6 (w.re.f. 21-4-2018). 2. Ins. by Act 13 of 2013, sec. 9 (w.r.e.f. 3-2-2013). 3. Subs. by Act 22 of 2018, sec. 7 , for “section 376D” (w.re-f. 21-4-2018).

Sec. 378]

The Indian Penal Code CLASSIFICATION

_

OF

553

OFFENCE

_Punishment—Imprisonment for life which shall mean imprisonment for the remainder of that person's natural life or with death—Cognizable—Non-bailable—Triable by Court of Session

:

STATE

AMENDMENTS

Chattisgarh.—After section 376E, insert the following, namely:—

_“376F. Liability of person in-charge ofworkplace and others fo give information about offence-—W hoever, being person in-charge of any work place or any other person present at such place, hatin knowledge that an offence under section 376 or section 376D, is being committed at such place and being in a position to prevent commission of such offence fails so, to prevent such offence or to give information of the commission of such offence, to any magistrate or police officer, by an mode, with the intention of screening the offender from legal punishment, shall be liable to be punished for abetment of such offence with imprisonment of either description which may extend to three years and fine and no such person shall incur any liability for giving such information. Explanation —Work-place includes any mode of transport owned, hired or otherwise engaged by the person in-charge of the work place for the conveyance of the woman, who was subjected to such offence, to and from her residence to such work-place.”

[Vide Chattisgarh Act 25 of 2015, sec. 5 (w.e.f. 21-7-2015).]

377.

Of Unnatural offences.—Whoever

Unnatural

Offences voluntarily

against the order of nature with any man, woman

has

carnal

intercourse

or 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. Explanation—Penetration is sufficient to constitute the carnal intercourse

necessary to the offence described in this section. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine— Cognizable—Non-Bailable—Triable by Magistrate of the first class—Non-compoundable. Consensual

sexual

COMMENTS relationship between two adult homosexuals,

heterosexuals

or

lesbians is no more an offence under section 377 of the code; Navtej Singh Johar v. Union of India, AUR Online 2018 SC 146 [Writ Petition (Criminal) — 76 of 2016, decided on 6-6-2018]

Ingredients The following ingredients are required, namely the order of nature;

Childline India Foundation v.

(1) carnal intercourse and (2) against Allan John Waters, (2011) 6 SCC 261: JT

2011 (3) SC 570: (2011) 3 SCALE 639: 2011 Cr LJ 2305.

CHAPTER XVII OF OFFENCES AGAINST PROPERTY Of Theft 378. Theft.—Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person’s consent, moves that property in order to such eal 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 ob theft as soon as it is severed from the earth. Explanation 2.—A moving effected by the same act which affects the severance may be a theft. Explanation 3.—A person is said to cause a thing to move by removing an dbatacle 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 Ps ie motion so caused, is moved by that animal. may be express or definition the Explanation 5.—The consent mentioned in or by any person possession, in implied, and may be given either by the person implied. or express having for that purpose authority either 1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f, 1-1-1956).

554

The Indian Penal Code

[Sec. 378

Illustrations (a) A cuts down a tree on Z’s

ground, with the intention of dishonestly taking the

(c) A meets a bullock carrying

a box of treasure. He drives the bullock in a certain

tree out of Z’s possession without Z’s consent. Here, as soon as A has severed the tree in order to suc ay 2 he has committed theft. (b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A’s intention be dishonestly to take the dog out of Z’s possession without Z’s consent. A has committed theft as soon as Z’s dog has begun to follow A.

direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure. (d) A, being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly

runs away with the plate, without Z’s consent. A has committed theft. ; (e) Z, going on a journey, entrusts his plate to A, the keeper of the warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not therefore be taken out of Z’s possession, and A has not committed theft, though he may have committed criminal breach of trust. (f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s possession, and if A dishonestly removes it, A commits theft. (g) A finds a ring lying on the highroad, not in the possession of any person. A by taking it, commits no theft, though he may commit criminal ony en ge of property. A sees a ring belonging to Z lying on a table in Z’s house. Not venturing fo ep dae oa the ns maim) 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 Z’s hand, and carries it away. Here A, though he may have committed

criminal trespass and assault, has not

committed theft, in as much as what he did was not done dis poe & (j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, in as much as he takes it dishonestly. (k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property in as much as he takes it dishonestly. (1) A takes an article belonging to Z out of Z’s possession, without Z’s consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has therefore committed theft. (m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express consent for the purpose merely of reading it, and with the intention of returning it. Here, it is probable that A may have conceived that he had Z’s implied consent to use Z's book. If this was A’s impression, A has not committed theft. (n) A_asks charity from Z’s wife. She gives A money, food and clothes, which A knows to belong to Z her husband. Here it is probable thaf A may conceive that Z’s wife is authorised to give away alms. If this was A’s impression, A has not committed theft. (o) A is the paramour of Z’s wife. She gives a valuable property, which A knows to belong to her husband Z, and to be such property as she has no authority from Z to give. If A takes the property dishonestly, he commits theft. (p) A, in good faith, believing proper ope to Z to be A’s own property, takes that property out of B’s possession. Here, as A does not take dishonestly, he does not commit theft. COMMENTS Ingredients The delay in hearing of appeal for long period is no cause for not interfering with an order of acquittal which was based on conjectures and surmises, resulting in gross failure of justice; State of Rajasthan v. Shanker, 2000 Cr LJ 266 (Raj). Taking need not be permanent It is not necessary that the taking should be of a permanent character, or that the accused should have derived any profit. A temporary removal of an office file from the office of a Chief Engineer and making it available to a private person for a day or two amounts to the offence of theft; Pyare Lal Bhargava v. State of Rajasthan, AIR 1963SC 1094. 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.

Sec. 382]

The Indian Penal Code

555

CLASSIFICATION OF OFFENCE _ Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Nonbailable—Triable by any Magistrate—Compoundable by the owner of the property stolen. STATE AMENDMENTS Haryana.—After section 379, insert section 379A and 379B, namely:— “379A.

Snatching—(1)

Whoever,

with the intention

to commit

theft, suddenly

or quickly or forcibly seizes or secures or grabs or takes away from any person or from his possession any moveable property, and makes or attempts to make with such property, is said to commit santching. escape (2) Whoever, commits snatching, shall be punished with rigorous imprisonment for a term, which shall not be less than five years but which may extend to ten

years, and shall also be liable to fine of rupees twenty-five thousand. 379B. Snatching with hurt, wrongful restraint or fear of hurt—Whoever, in order to commit snatching, or in committing the snatching, causes hurt or wrongful restraint or fear of hurt; or after committing the offence of snatching, causes hurt or wrongful restraint or fear of hurt in order to effect his escape, shall be punished with rigorous imprisonment which shall not be less than ten years but which may extend to fourteen years, and shall also be liable to fine of rupees twenty-five thousand.”.

[Vide Haryana Act 18 of 2015, sec. 2 (w.e.f. 3-9-2015).

Union Territory of Chandigarh.—Same as the Indian Penal Code (Haryana Amendment) Act, 2014 (Haryana Act 18 of 2015), as in force in the State of Haryana on the date of

publication of this notification, subject to the following modifications, namely: B) in section 1, after figures “2014”, insert the words “as extended to the Union

Territory of Chandigarh”; (b) in section 2, for the words “State of Haryana”, substitute the words “Union Territory of Chandigarh”. [Vide G.S.R. 383(E), dated

29th May, 2019, published in the Gazette of India, Extra.,

Pt.Il, sec. 3(i), No. 322, dated 29th May, 2019.]

Punjab.—After section 379, the following sections shall be inserted, namely:—

“379A. Snatching —Whoever, with the intention to commit theft, suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his possession any moveable property, and makes or attempts to make escape with such property, is said to commit snatching. 379B. Punishment for Snatching

—(1) Whoever, commits snatching, shall be

punished

with imprisonment for a term, which shall not be less than five years, but which may extend to ten years and shall also be liable to fine of rupees ten thousand. (2) If in order to the committing of snatching, or in committing the kag the offender causes hurt, or wrongful restraint or fear of hurt or after committing the offence of snatching, causes hurt or wrongful restraint or fear of hurt in order to effect his escape, shall be punished with per, ae for a term, which shall not be less than ten years and shall.also be liable to fine of rupees ten thousand. [Vide The Indian Penal Code (Punjab Amendment) Act, 2010 (Punjab Act No. 31 of 2014),

sec. 2 (w.e.f. 12-9-2014). It received assent of the President on 12th September, 2014 Vide Notification No.33-Leg./2014, dated 5th November, 2014.]

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 custod

of property, shall be punished with imprisonment of either description for a term whic may extend to seven years, and shall also be liable to fine. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 7 years and_ fine—Cognizable—Non-bailable— Triable by any Magistrate—Non-compouridable. STATE AMENDMENT Tamil

Nadu.—Renumber

section 380 as sub-section

(1) of that section and after

sub-section q) as so renumbered, add the following sub-section, 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 Bg hons 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 Th. or a term of less than two years.” a sentence of et the judgment im Act 28 of 1993, sec. 2 (w.e.f. 13-7-1993)]. (Vide Tamil Nadu 381. Theft by clerk or servant of property in possession of master.—Whoever, bein in the Sppeily of a clerk or servant, commits theft a clerk or servant, or being employed of his master or employer, shall be punished possession in Sg seof any property in the with jo geen

and

of either description for a term which may extend to seven years,

also be liable to fine.

556

The Indian Penal Code

[Sec. 382

CLASSIFICATION OF OFFENCE : Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable— Triable by any Magistrate—Compounded by the owner of the property stolen with the permission of the court. pt es 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 on property in Z’s possession; and, while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section. (b) A picks Z’s pocket, having posted several of his companions

near him, in order

that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section. CLASSIFICATION OF OFFENCE Punishment—Rigorous imprisonment for 10 years and fine—Cognizable—Nonbailable—Triable by Magistrate of the first class—Non-compoundable. Of Extortion 383. Extortion——Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any 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 Z’s child in wrongful confinement, unless Z wil! 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 club-men to plough up Z’s 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. 7

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 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. CLASSIFICATION

OF OFFENCE

CLASSIFICATION

OF OFFENCE

CLASSIFICATION

OF OFFENCE

_ Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Nonbailable—Triable by any Magistrate—Non-compoundable. 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 pers in fear, of any injury, shall be punished with imprisonment of either description or a term which may extend to two years, or with fine, or with both. :

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable— Triable by any Say alka ec cohen 386. Extortion by putting a person in fear of death or grievous hurt—Whoever commits extortion y 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 Seacription for a term which may extend to ten years, and shall also be liable to fine. _ Punishment—Imprisonment for 10 years and fine—Cognizable—Non-bailable— Triable by Magistrate of the first class—Non-compoundable. 387. Putting person in fear of death or of grievous hurt, in order to commit extortion.—Whoever, in order to the committin di extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. CLASSIFICATION OF OFFENCE Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable— Triable by Magistrate of the first class—-Non-compoundable, = ply

Sec. 390}

The Indian Penal Code

557

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 ‘[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]. CLASSIFICATION

OF

OFFENCE

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

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 '[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]. CLASSIFICATION

OF

OFFENCE

Para I: Punishment—Imprisonment for 10 years and fine—Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable. Para II: Punishment—Imprisonment for life—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

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 person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. Explanation.—The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint. Illustrations takes Z’s money and jewels from Z’s clothes fraudulently and down (a) A holds Z without Z’s consent. Here A has committed theft, and in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery. (b) A meets Z on the high roads, shows a pistol, and demands Z’s purse. Z in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him 1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

7

{[Sec. 390

The Indian Penal Code

558

in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery. (c) A meets Z and Z’s child on the high road. A takes the child and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z. (d) A obtains property from Z by saying—“Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees”. This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of

his child. COMMENTS

In order that theft may constitute robbery, prosecution has to establish— (a) if in order to the committing of theft; or (b) in committing the theft; or

(c) in carrying away or attempting to carry away property obtained by theft; (d) the offender for that end i.e. any of the ends contemplated by (a) to (c);

(e) 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 instant wrongful restraint. In other words, theft would only be robbery if for any of the ends mentioned in (a) to (c) the offender 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 instant wrongful restraint. If the ends does not fall within (a) to (c) but, the offender still causes or attempts

to cause to any person death or hurt or wrongful restraint or fear of instant death or of instant hurt or instant wrongful restraint, the offence or (b) or (c) have to be read conjunctively with (d) and (c) co-exist with (d) and (e) or there is a nexus between amount to robbery; State of Maharashtra v. Joseph Mingel

would not be robbery. That (a) (e). It is only when (a) or (b) or any of them and (d), (e) would Koli, (1997) 2 Crimes 228 (Bom).

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”. COMMENTS

Dacoity — Defined When robbery is either committed or an attempt to commit it is made by five or more persons then all such persons, who are present or aiding in its commission or in an attempt to commit

it, would

commit

the offence of dacoity; State of Maharaslitra v.

Joseph Mingel Koli, (1997) 2 Crimes 228 (Bom).

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. CLASSIFICATION

OF OFFENCE

Para I: Punishment—Rigorous imprisonment for 10 years and fine—Cognizable— Non-bailable—Triable by Magistrate of the first class—Non-compoundable. Para II: Punishment—Rigorous imprisonment for 14 years, and fine—Cognizable— Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

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.

Sec. 396]

The Indian Penal Code CLASSIFICATION

OF

559

OFFENCE

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

394. Voluntarily causing hurt in committing 3 a ine” any person, in committing or in attempting to commit robbery, voluntarily causes Fart such person, and any other person jointly concerned in committing or attempting to commit such robbery, 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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and fine— Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable. COMMENTS Ingredients Not only the person who actually causes hurt but an associate of his/her would equally be liable for the mischief contemplated by this section; Shravan Dashrath Darange v. State of Maharashtra,

(1997) 2 Crimes 47 (Bom).

395. Punishment for dacoity—Whoever commits dacoity 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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable. COMMENTS Witness Where the presence of informant and other witnesses at the time and place of incident was established and their positive evidence regarding the way in which the dacoity was committed found reliable having no previous enmity with accused, no case of false implication established therefore, conviction of accused under section 395 was just and proper; Chhedu v. State of Uttar Pradesh, 2000 Cr LJ 78 (All).

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

OF OFFENCE

Punishment—Death, imprisonment for life, or rigorous imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable. COMMENTS “Dacoity” and “dacoity with murder” To constitute an offence of “dacoity”, robbery essentially should be committed by five or more persons. Similarly, to constitution offence of “dacoity with murder” any one

of the five or more persons should commit a murder while committing the dacoity, then everyone of such person so committing, attempting to commit or aiding, by fiction of law, would be deemed to have committed the offence of murder; Ma Alimed v. State

Uttar Pradesh, AIR 2011 SC 3114: (2011) 8 SCC 300: JT 2011 (9) SC 272: 2011 Cr LJ 4399.

279: (2011) 8 SCAL

Ingredients (i) When prosecution failed to establish any nexus between death and commission of dacoity charge under section 396 will fail; Wakil Singh v. State of Bihar, (1981) BLJ 462. (ii) In circumstantial evidences utter importance is of linking of chain, as soon as

the chain of link is broken, the value of circumstantial evidence gets reduced; State v. Lakshmisher Das, 1999 Cr LJ 2839 (Kant). 1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

560

The Indian Penal Code

[Sec. 396

Punishment (i) On considering special facts of the case, i.e., the age of accused persons and their status in life as also their antecedents, sentence of 10 years in place of sentence

of life

imprisonment would meet the ends of justice; K.M. Ibrahim alias Bava v. State of Karnataka,

2000 Cr LJ 197 (Karn). (ii) When it is evidentially proved that accused were participating in loot and murder during transaction of offence, each of them is liable to be punished under section 396; Kunwar Lal v. State of Madhya Pradesh, 1999 Cr LJ] 3632 (MP).

397. Robbery, or dacoity, with attempt to cause death or grievous hurt.—

If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or

grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years. CLASSIFICATION

OF

OFFENCE

Punishment—Rigorous imprisonment for not less than 7 years—Cognizable—Nonbailable—Triable by Court of Session—Non-compoundable. COMMENTS

Deadly weapon (i) There can be no quarrel that knife is a deadly weapon within the meaning of section 397; State of Maharashtra v. Vinayak Tukaram

(ii) An act would

only fall within

Utekar, (1997) 2 Crimes 615 (Bom).

the mischief of this section

if at the time of

committing robbery or dacoity the offender— (a) uses any deadly weapon; or (b) causes grievous hurt to any person; or (c) attempts to cause death or grievous hurt to any person; Shravan Dashrath Datrange v. State of Maharashtra, (1997) 2 Crimes 47 (Bom).

Purport behind word ‘uses’ What is essential to satisfy the word “uses” for the purposes of section 397, I.P.C. is the robbery being committed by an offender who was armed with a deadly weapon which was within the vision of the victim so as to be capable of creating a terror in the mind of victim and not that it should be further shown to have been actually used for cutting, stabbing, shooting, as the case may be; Ashifaq v. State (Governmentof NCT of

Delhi), AIR 2004 SC 1253. Recovery of weapon When identification of articles alleged to have been recovered from accused is not properly proved nor victim could identify accused in identification parade or in court accused cannot be convicted under section 397; Bhurekhan v. State of Madhya Pradesh, AIR 1982 SC 948: (1982) Cr LJ 818: (1982) 1 SCC 174: (1982) SCC (Cr) 128.

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. CLASSIFICATION

OF OFFENCE

Punishment—Rigorous imprisonment for not less than 7 years—Cognizable—Nonbailable—Triable by Court of Session—Non-compoundable.

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.

Sec. 403]

The Indian Penal Code CLASSIFICATION

OF

OFFENCE

Punishment—Rigorous imprisonment for 10 years and bailable—Triable by Court of Session—Non-compoundable.

400. after the purpose for life],

561

fine—Cognizable—Non-

Punishment for belonging to gang of dacoits.—Whoever, at any time passing of this Act, shall belong to a gang of persons associated for the of habitually committing dacoity, shall be punished with '[imprisonment or with rigorous imprisonment for a term which may extend to ten

years, and shall also be liable to fine. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

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. CLASSIFICATION

OF

OFFENCE

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

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

OF

OFFENCE

Punishment—Rigorous imprisonment for 7 years and bailable—Triable by Court of Session—Non-compoundable.

fine—Cognizable—Non-

Of Criminal Misappropriation of Property 403. Dishonest misappropriation of property—Whoever dishonestly mis-

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

(a) A takes property belonging to Z out of Z’s possession, in good faith, believing, at 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 Z’s library in Z’s absence, and takes away a book without Z’s express consent. Here, if A was under the impression that he had Z’s implied consent to take the book for the purpose of reading it, A has not committed

theft. But, if A afterwards sells the book for his own benefit, he is guilty

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

562

The Indian Penal Code

[Sec. 403

(c) A and B, being joint owners of a horse, A takes the horse out of B’s possession, intending to use it. Here, as A has a right to use the horse, he 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 I—A dishonest misappropriation misappropriation within the meaning of this section.

for

a

time

only

is a

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 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, is

a question of fact. It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if, at

the time of appropriating it, he does not believe it to be his own property, or in good faith believe that the real owner cannot 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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Compoundable by the owner of the property misappropriated.

Sec. 405]

The Indian Penal Code

563

COMMENTS

Dishonest misappropriation or conversion of property The words ‘converts to his own use’ necessarily connote the use or dealing with the property in derogation of the rights of the owner; Ramaswami Nadar v. State of Madras, AIR 1958 SC 56.

Ingreidents It has been held that the word ‘dishonestly’ and ‘misappropriate’ are necessary ingredients of an offence under section 403. Any dispute being about recovery of money is purely of civil nature. Hence a criminal complaint regarding such a matter is not maintainable,

U. Dhar v. State of Jharkhand, AIR 2003 SC 974.

404. Dishonest misappropriation of property possessed by deceased person at the time of his death.—Whoever dishonestly misappropriates or converts to his own use property, knowing that such property was in the possession of a deceased person at the time of that person’s decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may

extend to three years, and shall also be liable to fine; and if the offender at the time of such person’s decease was employed by him as a clerk or servant, the imprisonment may extend to seven years. Illustration

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

OF OFFENCE

Punishment—Imprisonment for 3 years and _ fine—Non-Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable. If by clerk or person employed by deceased: Punishment—Imprisonment for 7 years and _fine—Non-Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.

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”.

\{Explanation ?[1]—A person, being an employer “[of an establishment

whether exempted under section 17 of the Employees’ Provident Funds and Miscellaneous

Provisions

Act,

1952 (19 of 1952), or not] who

deducts

the

employee’s contribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the 1. Ins. by Act 40 of 1973, sec. 9 (w.e.f. 1-11-1973).

2. Explanation renumbered as Explanation 1 by Act 38 of 1975, sec. 9 (w.e.f. 1-9-1975). 3. Ins. by Act 33 of 1988, sec, 27 (w.e.f. 1-8-1988).

564

The Indian Penal Code

[Sec. 405

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 appropriate 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 Z’s direction. Z remits a lakh of rupees to A, with directions to A to invest the same in Company’s paper. A dishonestly disobeys the direction and employs the money in his own business. A has committed criminal breach of trust. (d) But if A, in the last illustration, not dishonestly but in good faith, believing that it will be more for Z’s advantage to hold shares in the Bank of Bengal, disobeys Z’s directions, and buys shares in the Bank of Bengal, for Z, instead of buying Company's paper, here, though Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust. (e) A, a revenue-officer, is entrusted with public money and is either directed by law,

or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust. (f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust. COMMENTS

Criminal Conspiracy Sanction for prosecution is not necessary if a public servant is charged for offence of entering into a criminal conspiracy for committed breach of trust; State of Kerala v. Padmanabham

Nair, 1999 Cr LJ 3696 (SC).

Criminal breach of trust: Meaning and extent It must be proved that the beneficial interest in the property in respect of which the offence is alleged to have been committed was vested in some person other than the accused, and that the accused held that property on behalf of that person. A relationship 1. Ins. by Act 38 of 1975, sec. 9 (w.e.f. 1-9-1975).

i

|

Sec. 409]

The Indian Penal Code

565

is created between the transferor and transferee, whereunder the transferor remains the owner of the property and the transferee has legal custody of the property for the benefit of the transferor himself or transferee has only the custody of the property for the benefit of the transferor himself or someone else. At best, the transferee obtains in the property entrusted to him only special interest limited to claim for his charges in respect of its safe retention, and under no circumstances does he acquire a right to dispose of that property in contravention of the condition of the entrustment; Jaswantrai Manilal Akhaney

v. State of Bombay, AIR 1956 SC 575.

Entrustment The word entrusted in the section is very important unless there is entrustment, there can be no offence under the section; Ramaswami Nadar v. State of Madras, AIR 1958 SC 56. Necessary requirements The basic requirements to bring home the accusations under section 405 of the Code are the requirements to prove conjointly (i) entrustment and (ii) whether the accused was

actuated by dishonest intention or not, misappropriated it or converted it to his own use to the detriment of the persons who entrusted it; Sadhupati Nageswara Rao v. State

of Andhra Pradesh, AIR 2012 SC 3242: (2012) 8 SCC 547: 2012 (7) JT 512: 2012 (7) SCALE 63: 2012 Cr LJ 4317.

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 3 years and fine, or both—Cognizable—Nonbailable—Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable— Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which the breach of trust has been committed.

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. CLASSIFICATION

Punishment—Imprisonment

for 7 years

OF OFFENCE

and

fine—Cognizable—Non-bailable—

Triable by Magistrate of the first class—Compounded by the owner of the property in respect of which the breach of trust has been committed with the permission of the court.

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

y ‘

566

The Indian Penal Code

[Sec. 409

[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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and fine— Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable. COMMENTS Ingredients of offence Prosecution has to prove that the accused, a public servant or a banker or agent was entrusted with the property of which he is duly bound to account for and that he committed criminal breach of trust; Sadhupati Nageswara Rao v. State of Andhra Pradesh,

AIR 2012 SC 3242: (2012) 8 SCC 547: 2012 (7) JT 512: 2012 (7) SCALE 63: 2012 Cr LJ 4317.

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”, *[whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without “[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 with imprisonment of either description

for a term which may extend to three years, or with fine, or with both. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Nonbailable—Triable by any Magistrate—Compoundable by the owner of the prop»rty stolen. STATE

AMENDMENT

Tamil Nadu.—Renumber section 411 as sub-section (1) of that section sub-section (1), as so renumbered, add the following sub-section, namely:—

and

after

“(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 exceed to three years and with fine which shall not be less than two thousand rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than two years.”. [Vide Tamil Nadu Act 28 of 1993, sec. 3 (w.e.f. 13-7-1993)].

1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956). 2. The words “the” and “offence of” rep. by Act 12 of 1891, sec. 2 and Sch. I and Act 8 of 1882, sec. 9, respectively. 3. Ins. by Act 8 of 1882, sec. 9. 4. The words “British India” have successively been subs. by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. (w.e.f. 1-4-1951), to read as above.

.

ers eee a ee

Sec. 415]

The Indian Penal Code

567

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 '[imprisonment for life], or with rigorous imprisonment

for a term which may extend to ten years, and shall also be liable to fine. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable. COMMENTS

(i) When no part of prosecution case is found reliable including the alleged recovery of stolen property at the instance of accused it seems to be on effort by police to involve the accused persons by hook or by crook therefore conviction of co-accused is also liable to be set aside; State v. Chhotey Lal, 1999 Cr LJ 3411 (Del).

(ii) When articles were received soon after dacoity and proved to have been stolen in dacoity, offence falls under section 412 and not under section 395; Amar Singh v. State of Madhya Pradesh, AIR 1982 SC 129: (1982) Cr LJ 610.

413. Habitually dealing in stolen property—Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property,

shall be punished with '[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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Nonbailable—Triable by any Magistrate—Compoundable by the owner of the property stolen.

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

568

The Indian Penal Code

[Sec. 415

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 dishonored, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats. (e) A, by pledging as diamonds article which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats. (f) A intentionally deceives Z into a belief that

A means to repay any money that Z

may lend to him and thereby dishonestly induces Z to lend him money. A not intending to repay it. A cheats. (g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly

induces Z to advance money upon the faith of such 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 A’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats. (i) A sells and 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 o: mortgage money from Z. A cheats.

416. Cheating by personation.—A person is said to “cheat by personation” if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is. Explanation.—The offence is committed whether the individual personated is a real or imaginary person. Illustration

(a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation. (b) A cheats by pretending to be B, a person who is deceased. A cheats by personation.

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

OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Compoundable by the person cheated.

Sec. 421]

The Indian Penal Code

569

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Compoundable by the person cheated with the permission of the court.

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable— Triable by any Magistrate—Compoundable by the person cheated.

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 exte.id to seven years, and shall also be liable to fine. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable— Tricvle by Magistrate of the first class—Compoundable by the person cheated with the permission of the court. COMMENTS

Ingredients (i) There has to be a dishonest intention from the very beginning, which is sine qua non to hold the accused guiity for commission of the said offence; Joseph Salvaraj v. State

of Gujarat, AIR 201} SC 2258: (2011) 7 SCC 59: JT 2011 (7) SC 53: (2011) 6 SCALE 731. (ii) Even if the allegation made in the complaint are accepted to be true and correct,

the appellants cannot be said to have committed any offence of cheating. Since the appellants were not in picture at all the time when the complainant alleges to have spent money in improving the bottling plant, neither any guilty intention can be attributed to them nor there can possibly be any intention on their part to deceive complainant; Ajay Mitra v. State of Madhya Pradesh, AIR 2003 SC 1069. (iii) The offence of cheating is established when the accused thereby induced that person to deliver any property or to do or to omit to do something which he would otherwise not have done or omitted; Maliadeo Prasad v. State of Bengal, AIR 1954 SC 724.

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 transfer or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby

[Sec. 421

The Indian Penal Code

570

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable— Bailable—Triable by any Magistrate—Compoundable by the creditor who are affected thereby.

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable— Bailable—Triable by any Magistrate—Compoundable by the creditors who are affected

thereby. 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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Compoundable by the person affected thereby.

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Compoundable by the person affected thereby.

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”.

OR ER E y

»La

Sec. 428]

The Indian Penal Code

571

Explanation 1.—It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not. Explanation 2—Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly. Illustrations

(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief. (b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief. (c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief. (d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief. (e) A, having insured a ship, voluntarily causes the same to be cast away, with the

intention of causing damage to the under-writers. A has committed mischief. (f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief. (g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief. (h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z’s crop. A has committed mischief. 426.

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. CLASSIFICATION

Punishment—Imprisonment

OF OFFENCE

for 3 months,

or

fine, or

both—Non-cognizable—

Bailable—Triable by any Magistrate—Compoundable by the person to whom or damage is caused.

the loss

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Compoundable by the person to whom the loss or damage is caused.

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.

572

The Indian Penal Code CLASSIFICATION

OF

[Sec. 428

OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable— Triable by any Magistrate—Compoundable by the owner of the animal.

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—Bailable— Triable by any Magistrate of the first class—Compoundable by the owner of the cattle

or animal. 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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—Bailable— Triable by Magistrate of the first class—Compoundable by the person to whom the loss or damage is caused.

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. CLASSIFICATION

OF OFFENCE

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

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. CLASSIFICATION

OF OFFENCE

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

433. Mischief by destroying, moving or rendering less useful a light-house or sea-mark.—Whoever commits mischief by destroying or moving any lighthouse or other light used as a sea-mark or any sea-mark or buoy or other thing

Sec. 437]

The Indian Penal Code

573

placed as a guide for navigators, or by any act which renders any such lighthouse, 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. CLASSIFICATION

OF

OFFENCE

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

434. Mischief by destroying or moving, etc., a land-mark fixed by public authority.—Whoever commits mischief by destroying or moving any land-mark fixed by the authority of a public servant, or by any act which renders such land-mark

less useful as such, shall be punished

with imprisonment

of either

description for a term which may extend to one year, or with fine, or with both. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Non-compoundable.

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 '[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. CLASSIFICATION

OF OFFENCE

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

436. Mischief by fire or explosive substance with intent to destroy house,

etc.—Whoever commits mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with 7[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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

fine—

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 10 years and Triable by Court of Session—Non-compoundable.

fine—Cognizable—Non-bailable—

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

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

574

The Indian Penal Code

[Sec. 438

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 '[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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 10 years and Triable by Court of Session—Non-compoundable.

440. Mischief

committed

fine—Cognizable—Non-bailable—

after preparation made

for causing death

or

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

OF OFFENCE

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

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.—For section 441, substitute the following section, namely:— “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 there with intent thereby to intimidate, insult or annoy any such person or with intent to commit an offence, 1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

i

Sec. 445]

The Indian Penal Code

575

or having lawfully entered into or upon such property, remains there with the intention of taking unauthorised possession or making unauthorised use of such property and fails to withdraw such property or its possession or use, when called upon to do so by that another person by notice in writing, duly served on him, is said to commit “criminal trespass.” [Vide Orissa Act 22 of 1986, sec. 2 (w.e.f. 6-12-1986)].

Uttar Pradesh.—For section 441, substitute the following:— “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 Law (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”. [Vide Uttar Pradesh Act 31 of 1961, sec. 2 (w.e.f. 13-11-1961)]. COMMENTS

A trespass becomes a criminal trespass if it is with an intention to annoy or to do something illegal; Noorul Huda Maqbool Ahmed v. Ram Deo Tyagi, (2011) 7 SCC 95: JT 2011 (7) SC 189: (2011) 6 SCALE 644: 2011 Cr LJ 4264.

442. House trespass.—Whoever commits criminal trespass by entering into

or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit “house-trespass”. Explanation.—The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house-trespass. 443.

Lurking

house-trespass.—Whoever

commits

house-trespass

having

taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit “lurking house-trespass”. 444. Lurking house-trespass by night—Whoever commits lurking housetrespass after sunset and before sunrise, is said to commit “lurking housetrespass 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— First.—If he enters or quits through a passage by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass. Secondly.—If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or

through any passage to which he has obtained access by scaling or climbing . over any wall or building. Thirdly.—If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-

[Sec. 445

The Indian Penal Code

576

trespass by any means by which that passage was not intended by the occupier of the house to be opened. Fourthly.—lf 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 housetrespass.

Fifthly.—If he effects his entrance or departure by using criminal force or committing an assault or by threatening any person with assault. Sixthly.—If he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by

himself or by an abettor of the house-trespass. Explanation.—Any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of

the house within the meaning of this section. Illustrations

(a) A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand through the aperture. This is house-breaking. (b) A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking. (c) A commits house-trespass by entering Z’s house through a window. This is housebreaking. (d) A commits house-trespass by entering Z’s house through the door, having opened a door which was fastened. This is house-breaking. (e) A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting a wire through a hole in the door. This is house-breaking. (f) A finds the key of Z’s house door, which Z had lost, and commits house-trespass by entering Z’s house, having opened the door with that key. This is house-breaking. (g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits house-trespass by entering the house. This is house-breaking. (h) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking.

446. House-breaking

by night—Whoever

commits

house-breaking

after

sunset and before sunrise, is said to commit “house-breaking by night”. 447. Punishment for criminal trespass.—Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—Cognizable— Bailable—Triable by any Magistrate—Compoundable by the person in possession of the property trespassed upon. COMMENTS

Mere vague allegations are not sufficient for conviction under section 447 for criminal trespass; Bhaskar Chattoraj v. State of West Bengal, (1991) Cr LJ 429 (SC).

448. Punishment for house-trespass.—Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may

Sec. 452]

The Indian Penal Code

577

extend to one year, or with fine which may extend to one thousand rupees, or with both. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for one year, or fine of 1,000 rupees, or both— Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person in possession of the property trespassed upon.

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 '[imprisonment for life], or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for life, or rigorous imprisonment for 10 years and fine—Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

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 '[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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 10 years and Triable by Court of Session—Non-compoundable.

fine—Cognizable—Non-bailable—

451. House-trespass in order to commit imprisonment.—Whoever commits house-trespass any offence punishable with imprisonment, shall be of either description for a term which may extend

offence punishable with in order to the committing of punished with imprisonment 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. CLASSIFICATION

OF OFFENCE

Para I: Punishment—Imprisonment for 2 years and fine—Cognizable—Bailable— Triable by any Magistrate—Compoundable by the person in possession of the house trespassed upon. Para II: Punishment—Imprisonment for 7 years and fine—Cognizable—Nonbailable—Triable by any Magistrate—Non-compoundable.

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 7 years and Triable by any Magistrate—Non-compoundable.

fine—Cognizable—Non-bailable—

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

578

The Indian Penal Code

[Sec. 453

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 2 years and Triable by any Magistrate—Non-compoundable.

fine—Cognizable—Non-bailable—

454. Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment.—Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offence punishable with

imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years. CLASSIFICATION

OF

OFFENCE

Para I : Punishment—Imprisonment for 3 years and fine—Cognizable—Nonbailable—Triable by any Magistrate—Non-compoundable. Para II : Punishment—Imprisonment for 10 years and fine—Cognizable—Nonbailable—Triable by Magistrate of the first class—Non-compounded. STATE Tamil

Nadu.—Renumber

AMENDMENT

section 454 as sub-section

(1) of that section and

after

sub-section (1), add the following sub-section, namely:—

“(2) Whoever commits lurking house-trespass or house-breaking in any building used as a place of worship, in order to the committing of the offence of theft of any idol or icon from such building, shall notwithstanding anything contained in sub-section (1), be punished with rigorous imprisonment which shall not be less than three years but which may extend to ten years and with fine which shall not be less than five thousand rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three years.” [Vide Tamil Nadu Act 28 of 1993, sec. 4 (w.e.f. 13-7-1993)].

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. CLASSIFICATION

OF OFFENCE

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

456. Punishment for lurking house-trespass or house-breaking by night.— Whoever commits lurking house-trespass by night, or house-breaking by night,

Sec. 458]

The Indian Penal Code

579

shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 3 years and _ fine—Cognizable—Non-bailable— Triable by any Magistrate—Non-compoundable.

457. offence trespass offence

Lurking house-trespass or house-breaking by night in order to commit punishable with imprisonment.—Whoever commits lurking houseby night, or house-breaking by night, in order to the committing of any 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. CLASSIFICATION

OF

OFFENCE

Para I: Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable— Triable by Magistrate of the first class—Non-compoundable. Para II: Punishment—Imprisonment for 14 years and fine—Cognizable—Nonbailable—Triable by Magistrate of the first class.

STATE Tamil

Nadu.—Renumber

AMENDMENT

section 457 as sub-section

(1) of that section and after

sub-section (1), as so renumbered, add the following sub-section, 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.” [Vide Tamil Nadu Act 28 of 1993, sec. 5 (w.e.f. 13-7-1993)]. Uttar Pradesh.—Renumber section 457 as sub-section (1) of that section and after sub section (1), as so renumbered, add the following sub-section, 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 buildings shall notwithstanding any thing contained in sub-section (1) be punished with rigorous imprisonment which shall not be less than three years but which may extend to fourteen years and with fine which shall not be less than five thousand rupees: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than three

years.” [Vide 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 housetrespass 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.

580

The Indian Penal Code CLASSIFICATION

OF

[Sec. 458

OFFENCE

Punishment—Imprisonment for 14 years and fine—Cognizable—Non-bailable— Triable by Magistrate of the first class—Non-compoundable.

459. Grievous hurt caused whilst committing lurking house trespass or house-breaking.—Whoever, whilst committing lurking house-trespass or housebreaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, 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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

fine—

460. All persons jointly concerned in lurking house-trespass or housebreaking by night punishable where death or grievous hurt caused by one of them.—If, at the time of the committing of lurking house-trespass by night or house-breaking by night, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass by night or housebreaking by night, 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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

fine—

COMMENTS

House lurking - Requirement to establish common intention To establish an offence under section 460 of the Code, it may not be necessary for the prosecution to establish common intention or object. Suffice it will be to establish that they acted jointly and committed the offence stated in section 460. The principle of constructive liability is applicable in distinction to contributory liability; Haradhan Das v. State of West Bengal, 2012 (12) JT 490: 2012 (12) SCALE 416.

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or bailable—Triable by any Magistrate—Non-compoundable.

both—Cognizable—Non-

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable— Triable by any Magistrate—Non-compoundable. 1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

Sec. 464]

The Indian Penal Code

CHAPTER

581

XVIII

OF OFFENCES RELATING TO DOCUMENTS AND TO ‘'[***] PROPERTY MARKS 463. Forgery.—*[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. COMMENTS

The basic elements of forgery are—(1) the making of a false document or part of it and (2) such making should be with such intention as is specified in the section, viz., (a)

to cause damage or infringe to (i) the public, or (ii) any person; or (b) to support any claim or title; or (c) to cause ay person to part with property, or (d) to cause any person to enter into an express or implied contract; or (e) to commit fraud or that fraud

may

be

committed; Sushil Suri v. Central Bureau of Investigation, AIR 2011 SC 1713: (2011) 5 SCC 708: JT 2011 (5) SC 480: (2011) 5 SCALE 412: 2011 Cr LJ 2939.

464. Making a false document.—’[A person is said to make a false document or false electronic record— First—Who dishonestly or fradulently— (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) (d)

affixes any *[electronic signature] on any electronic record; makes any mark denoting the execution of a document

authenticity of the *[electronic signature],

or the

with the intention of causing it to be believed that such document or part of document, electronic record or [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 *[electronic

igriattire} either by himself or by any other person, whether such person be living or dead at the time of such alteration; or Thirdly—Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his *[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 believed by B that Z so wrote the letter. A has committed forgery. (b) A, without Z’s authority, affixes Z’s seal to a document purporting to be a conveyance of an estate from Z to A, with the intention of sellin,

thereby

of obtaining from B the

ha een

A has committed

e estate to B, and

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. 1. The words “TRADE OR” omitted by Act 43 of 1958, sec. 135 and Sch. (w.e.f. 25-11-1959). 2. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for certain words (w.e.f. 17-10-2000). 3. Subs. by Act 10 of 2009, sec. 51(e), for “digital signature” (w.e.f. 27-10-2009).

582

The Indian Penal Code

[Sec. 464

(d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable and authorizes B to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payment. 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 B’s authority, intending to discount it as a genuine bill with a banker and intending to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by leading

him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery. (f) Z’s will contains these words—“I direct that all my remaining property be equally divided between A, B and C.” A dishonestly scratches out B’s name,

intending that it

may be believed that the whole was left to himself and C. A has committed forgery. (g) A endorses a Government promissory note and makes it payable to Z or his order by writing on the bill the words “Pay to Z or his order” and signing the endorsement. B dishonestly erases the words “Pay to Z or his order”, and thereby converts the special endorsement into a blank endorsement. B commits forgery. (h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his

estate, executes a conveyance of the same estate to B, dated six months earlier than the date of the conveyance to Z, intending it to be believed that he had conveyed the estate to B before he conveyed it to Z. A has committed forgery. (i) Z dictates his will to A. A intentionally writes down a different legatee 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 B’s name without B’s authority, certifying that A is a man of good character and in distressed circumstances 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 B’s authority writes a letter and signs it in B’s name certifying to A’s character, intending thereby to obtain employment under Z. A has committed forgery in as much as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract for service.

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

(a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed forgery. (b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty of forgery. (c) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person whose order it was payable; here A has committed forgery. (d) A purchases an estate sold under execution of a decree against B. B, after the

seizure of the estate, in collusion with Z, executes a lease of the estate of Z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in his own name, commits forgery by antedating it. (e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and with intent to defraud his creditors; and in order to give a colour to the transaction, writes

Sec. 467]

The Indian Penal Code

583

a promissory note binding himself to pay to B a sum for value received, and antedates the note, intending that it may be believed to have been made before. A was on the point of insolvency. A has committed forgery under the first head of the definition.

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

'[Explanation 3.—For the purposes of this section, the expression “affixing *[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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.

466. Forgery of record of Court or of public register, etc.—*[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. '[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.] CLASSIFICATION

OF OFFENCE

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

467. Forgery of valuable security, will, etc—Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a

son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, 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 “[imprisonment for life], or with 1. Ins. by Act 21 of 2000, sec. 91 and Sch. I (w.e.f. 17-10-2000). 2. Subs. by Act 10 of 2009, sec. 51(e), for “digital Signature” (w.e.f. 27-10-2009). 3. Subs. by Act 21 of 2000, sec. 91 and Sch. |, for “Whoever forges a document” 17-10-2000).

(w.e-f.

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

584

The Indian Penal Code

[Sec. 467

imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. CLASSIFICATION

OF

OFFENCE

Para I: Punishment—Imprisonment for life, or imprisonment for 10 years and fine—Non-cognizable—Non-bailable—Triable by Magistrate of the first class—Noncompoundable. Para II: Punishment—Imprisonment for life, or imprisonment for 10 years and fine— Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

468. Forgery for purpose of cheating.—Whoever commits forgery, intending that the '[document or electronic record 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. CLASSIFICATION

OF

OFFENCE

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

469.

Forgery

for purpose

of harming

reputation.—Whoever

commits

forgery, *[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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 3 years and fine—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

470. Forged *[document or electronic record].—A false *[document or electronic record] made wholly or in part by forgery is designated “a forged 3[document or electronic record]”. 471. Using as genuine a forged *[document or electronic record].—Whoever fraudulently or dishonestly uses as genuine any “[document or electronic record] which he knows or has reason to believe to be a forged *[document or

electronic record], shall be punished in the same manner as if he had forged such *[document or electronic record]. CLASSIFICATION

OF OFFENCE

Punishment—Punishment for forgery of such document—Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.

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 1. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “document forged” (w.e.f. 17-10-2000). 2. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “intending that the document forged” (w.e-f. 17-10-2000). 3. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “document” (w.e.f. 17-10-2000).

Sec. 475]

The Indian Penal Code

585

counterfeit, shall be punished with '[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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for life, or imprisonment for 7 years and fine— Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable. 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. CLASSIFICATION

OF

OFFENCE

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

474. Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it as genuine.—*[Whoever has in his possession any document or electronic record, knowing the same to be

forged and intending that the same shall fraudulently or dishonestly be used as 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 '[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. CLASSIFICATION

OF OFFENCE

Para I: Punishment—Imprisonment for 7 years and fine—Cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable. Para II: Punishment—Imprisonment for life, or imprisonment for 7 years and fine— Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

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

2. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for certain words (w.e.f. 17-10-2000).

586

The Indian Penal Code

[Sec. 475

imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for life, or imprisonment for 7 years and fine—Noncognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

476. Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material.—Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating '[any document 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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Non-bailable— Triable by Magistrate of the first class—Non-compoundable. 477. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or

valuable security —Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect of such documents, shall be punished with 2[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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for life, or imprisonment for 7 years and fine—Noncognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

5[477A. 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 “[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 “[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. Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “any document” (w.e.f. 17-10-2000). Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956).

Added by Act 3 of 1895, sec. 4. = oF Subs. by Act 21 of 2000, sec. 91 and Sch. I, for “book, paper, writing” (w.e-f. 17-10-2000).

||

Sec. 484]

The Indian Penal Code

587

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.] CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Non-cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.

'[Of 7[***] Property and Other Marks] 3[478. Trade marks.—[Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958, sec. 135 and Sch. (w.e.f. 25-11-1959).]}}

*[479. Property mark.—A mark used for denoting that movable property belongs to a particular person is called a property mark.] (480. Using a false trade mark.—[Rep. by the Trade and Merchandise Marks Act, 1958 (43 of 1958), sec. 135 and Sch. (w.e.f 25-11-1959).}]

°[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, belong to a person to whom they do not belong, is said to use a false property mark.] 7[482. Punishment for using a false property mark.—Whoever uses *[***] 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.] CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Compoundable by the person to whom loss or injury is caused by such use.

9[483.

Counterfeiting

a

property

mark

used

by

another.—Whoever

counterfeits any '°[***] 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.] CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Compoundable by the person to whom loss or injury is caused by such use.

(484.

Counterfeiting

a mark

used

by a public

servant—Whoever

counterfeits any property mark used by a public servant, or any mark used by Subs. by Act 4 of 1889, sec. 3, for the heading. The word “Trade,” omitted by Act 43 of 1958, sec. 135 and Sch. (w.e.f. 25-11-1959).

Section 478 was earlier substituted by Act 4 of 1889, sec. 3. Subs. by Act 4 of 1889, sec. 3, for section 479. Section 480 was earlier substituted by Act 4 of 1889, sec. 3. Subs. by Act 4 of 1889, sec. 3, for section 481. Subs. by Act 4 of 1889, sec. 3, for section 482. The words “any false trade mark or” omitted by Act 43 of 1958, sec. 135 and Sch. (w.e-f. PNAWSONS 25-11-1959). 9. Subs. by Act 4 of 1889, sec. 3, for section 483. 10. The words “trade mark or” omitted by Act 43 of 1958, sec. 135 and Sch. (w.e.f. 25-11-1959). 11. Subs. by Act 4 of 1889, sec. 3, for section 484.

588

The Indian Penal Code

[Sec. 484

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.] CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 3 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

1[485. Making

or possession

of any

instrument

for counterfeiting

a

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

OF

OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable.

*[486. Selling goods marked with a counterfeit property mark.—*[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— (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.] CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Compoundable by the person to whom loss or injury is caused by such use.

*[487. Making a false mark upon any receptacle containing goods.— Whoever makes any false mark upon any case, package or other receptacle 1. Subs. by Act 43 of 1958, sec. 135 and Sch., for section 485 (w.e.f. 25-11-1959). Earlier section 485 was substituted by Act 4 of 1889, sec. 3. 2. Subs. by Act 4 of 1889, sec. 3, for section 486. 3. Subs. by Act 43 of 1958, sec. 135 and Sch., for certain words (w.e.f. 25-11-1959).

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

Sec. 489A]

The Indian Penal Code

589

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.] CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Non-compoundable.

'[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.] CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 3 years, or fine, or bobth—Non-cognizable—Bailable— Triable by any Magistrate—Non-compoundable.

*[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.] CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 1 year, or fine, or bobth—Non-cognizable—Bailable— Triable by any Magistrate—Non-compoundable.

3[Of Currency-Notes and Bank-Notes] 3[489A. Counterfeiting currency-notes or bank-notes.—Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any currency-note or bank-note, shall be punished with “[imprisonment for life], or with imprisonment of either description for a term which may extend to ten

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

Punishment—Imprisonment

OF OFFENCE

for life, or imprisonment

for 10 years and

fine—

Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable. . . . .

Subs. by Act 4 of 1889, sec. 3, for section 488. Subs. by Act 4 of 1889, sec. 3, for section 489. Added by Act 12 of 1899, sec. 2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956). Subs. by Act 35 of 1950, sec. 3 and Sch. Il, for “489C and 489D”. Uwonrne

590

The Indian Penal Code

[Sec. 489B

1[489B. Using as genuine, forged or counterfeit currency-notes or banknotes.—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 banknote, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with 7[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.] CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

fine—

1[489C. Possession of forged or counterfeit currency-notes or bank-notes.— Whoever has in his possession any forged or counterfeit currency-note or banknote, 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.] CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 7 years, or fine, or both—Cognizable—Bailable— Triable by Court of Session—Non-compoundable.

'[489D. 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 7[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.] CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for life, or imprisonment for 10 years and Cognizable—Non-bailable—Triable by Court of Session—Non-compoundable.

fine—

°[489E. Making or using documents resembling currency-notes or banknotes.—({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. 1. Added by Act 12 of 1899, sec. 2. 2. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.ef. 1-1-1956). 3. Ins. by Act 6 of 1943, sec. 2.

|

|

Sec. 494]

The Indian Penal Code

591

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

Punishment—Fine of 100 Magistrate—Non-compoundable.

OF THE

CRIMINAL

OF

OFFENCE

rupees—Non-Cognizable—-Bailable—Triable

CHAPTER XIX BREACH OF CONTRACTS

by

any

OF SERVICE

490. Breach of contract of service during voyage or journey.—/Rep. by the Workmen's Breach of Contract (Repealing) Act, 1925 (3 of 1925), sec. 2 and Sch.] 491. Breach of contract to attend on and supply wants of helpless person.— Whoever, being bound by a lawful contract to attend on or to supply the wants

of any person who, by reason 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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 3 months, or fine of 200 rupees, or both—Noncognizable—Bailable—Triable by any Magistrate—Compoundable by the person with whom the offender has contracted.

492. Breach of contract to serve at distant place to which servant is conveyed at master’s expense.—{Rep. by the Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), sec. 2 and Sch.]

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. CLASSIFICATION

OF OFFENCE

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

Ingredients

Ingredients of section 493 of the Code can be said to be finally satisfied when it is proved — (a) deceit causing false belief of existence of a lawful marriage and (b) es IE. a cohabitation or sexual intercourse with the person causing such belief. It is not necessary to establish the factum of marriage according to personal law but the proof of inducement by a man deceitfully of a woman to change the status from that of an unmarried to that of a lawfully married woman and then make that woman cohabit with him establishes

an offence under section 493; Ram Chandra Bhagat, v. State of Jharkhand, 2012 (11) JT 277: 2012 (11) SCALE 115: 2012 (8) SLT 523.

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

592

The Indian Penal Code

[Sec. 494

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 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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the husband or wife of the person so marrying with the permission of the court. STATE AMENDMENT Andhra Pradesh.—Punishment—Imprisonment for 7 years and fine—Cognizable— Non-bailable—Triable by Magistrate of the first class—Non-compoundable. [Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)].

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 10 years and fine—Non-cognizable—Bailable— Triable by Magistrate of the first class—Non-compoundable. STATE AMENDMENT Andhra Pradesh.—Punishment—Imprisonment for 10 years and fine—Cognizable— Non-bailable—Triable by Magistrate of the first class—Non-compoundable. [Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)]

COMMENTS

Offence under section 495 of the Code is an aggravated form of bigamy. Circumstance of aggravation is the concealment of former marriage of the person with whom second marriage is contracted; Subash Babu v. State of Andhra Pradesh, AIR 2011 SC 3031: (2011) 7 SCC 616: JT 2011 (8) SC 483: (2011)

7 SCALE 671: 2011 Cr LJ 4373.

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable. STATE AMENDMENT Andhra Pradesh.—Punishment—Imprisonment for 7 years and fine—Cognizable— Non-bailable—Triable by Magistrate of the first class—Non-compoundable. [Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)].

Sec. 498A]

The Indian Penal Code

593

“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, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 5 years, or fine, or both—Non-cognizable—Bailable— Triable by Magistrate of the first class—Compoundable by the husband of the woman. STATE AMENDMENT Andhra Pradesh.—Punishment—Imprisonment for 5 years, or fine, or both— Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable. [Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)]. COMMENT

Only man can be proceeded against and punished for offence of adultery as section expressly provides that wife cannot be punished under this section even as an abettor; W. Kalyani v. State, (2011) 13 SCALE

154: 2011 (8) SLT 711.

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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Compoundable by the husband of the woman and the woman.

'(CHAPTER XXA OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND 498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means— (a) any 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 (b)

life, limb or health (whether mental or physical) of the woman; or 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.] CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 3 years and fine-Cognizable if information relating to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf—Non-bailable— Triable by Magistrate of the first class—Non-compoundable. 1. Chapter XXA (containing section 498A) ins. by Act 46 of 1983, sec. 2 (w.e.f. 25-12-1983).

*

The Supreme Court of India, in the case of Joseph Shine vs Union of India [Writ Petition (Criminal) No 194 of 2017] on 27th September, 2018, struck down section 497 of the Indian

Penal Code as unconstitutional being violative of Article 14, 15 and 21 of the Constitution.

594

The Indian Penal Code

[Sec. 498A

COMMENTS

Commission of cruelty The adverse effects on the mental health in the parental home though on account of the acts committed in the matrimonial home would amount to commission of cruelty within the meaning of Section 498A at the parental home; Rupali Devi. v. State of Uttar Pradesh; LNIND

2019 SC 331.

Demand for Dowry and Ill-treatment (i) The wife petitioned for divorce on the ground of persistent demand made on her by her husband and in-laws. The High Court took the view that there was nothing wrong in these demands as money was needed by the husband for his personal use and in such a case wife should extend help. Reversing the judgment, the Supreme Court held that demand for dowry is prohibited under the law. That itself was bad enough; Shoblia Rani v. Madhukar, AIR 1988 SC 121; see also Prakash Kaur v. Harijinderpal Singh, AIR 1999 Raj 46. (ii) The husband and his parents were greedy people. Their desire for dowry was insatiable. They went on demanding dowry even after two years of marriage, and since the parents of wife could not meet these, they started ill-treating her with a view to coercing her parens to give dowry. The Delhi High Court held that this amounted to cruelty; Adarsh Parkash v. Sarita, AIR 1987 Del 203.

Demand for money Demand for money after four years of marriage for a specific purpose, no where related to marriage demand but causing of harassment to deceased wife so much so that she was bound to end her life is sufficient for conviction under section 498A; State of Punjab v. Daljit Singh, 1999 Cr LJ 2723 (P&H). Drunkenness No doubt drinking is a constituent of culture all over the world, and is almost a cult in certain societies. Yet, even here as elsewhere a habit of excessive drinking is a vice and cannot be considered a reasonable wear and tear of married life. No reasonable person marries to bargain to endure habitual drunkenness, a disgusting conduct. And yet it is not an independent ground of any matrimonial relief in India. But it may constitute treatment with cruelty, if indulged in by a spouse and continued, in spite of remonstrances, by the other. It may cause great anguish and distress to the wife who never suspected what she was bargaining for and may sooner or later find living together not only miserable but unbearable. If it was so, she may leave him and may, apart from cruelty, even complain of constructive desertion; Rita v. Brij Kishore, AIR 1984 Del 291. Effect on pensionary benefit of father of husband Mere filing of the petition by the appellant would not come in the way of the father of husband receiving pensionary and other benefits which are permissible for him under the law; Veena v. State Government of NCT Delhi, AIR 2011 SC 3469: 2011 (3) SLT 747.

Object Section 498A was added with a view to punishing husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hyper-technical view would be counter productive and would act against interests of women and against the object for which the provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent woman from settling earlier. That is not the object of Chapter XXA; B.S. Joshi v. State of Haryana,AIR 2003 SC 1386.

Section 498A vis-a-vis section 113 of Evidence Act Section 498A of the Indian Penal Code or section 113A of the Indian Evidence Act has not introduced invidious classification qua the treatment of a married woman by her husband or relatives of her husband vis-a-vis the other offenders. On the other hand, such women form a class apart whom from those who are married more than seven years earlier to the commission of such offence, because, with the passage of time after marriage and birth of children, there are remote chances of treating a married woman with cruelty by her husband or his relatives. Thus, the classification is reasonable and has close nexus with the object sought to be achieved, i.c., eradication of the evil of dowry in the Indian social set-up and to ensure that the married women live with dignity at their matrimonial homes; Krishan Lal v. Union of India, 1994 Cr L} 3472.

Sec. 499]

The Indian Penal Code

595

Unhappiness between husband and wife Where the prosecution relied only on incident of unhappiness of deceased with her husband and the allegation was only in form of suggestion, it does not establish criminal offence under either or both of the charges, hence conviction under section 498A is improper; State v. K. Sridhar, 2000 Cr LJ 328 (Kant).

Wilful Conduct The allegations against the husband were that he abused and beat his wife, forced her to have a common kitchen with a harijan family, accused her of adultery and of carrying in her womb someone else’s child, pressurizing her to agree for an abortion, and such other acts. This amounted to a wilful conduct of cruelty towards wife; Rishi Kumar v. State of Haryana, Criminal Appeal No. 335-B of 1985.

CHAPTER XXI OF DEFAMATION 499. Defamation.—Whoever, by words either spoken or intended to be read,

or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. Explanation 1—It may amount to defamation to impute anything to a

deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.—No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful. Illustrations (a) A says—“Z is an honest man; he never stole B’s watch”; intending to cause it to be believed that Z did steal B’s watch. This is defamation, unless it fall within one

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

First Exception —Imputation of truth which public good requires to be made or published.—It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact. Second Exception.—Public conduct of public servants.—It is not defamation to express in a good faith any opinion whatever respecting the conduct of a

596

The Indian Penal Code

[Sec. 499

public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further. Third Exception —Conduct of any person touching any public question.— It is not defamation to express in good faith any opinion whatever respecting 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 Z’s conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending a such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharges of the duties of which the public is interested.

Fourth Exception.—Publication of reports of proceedings of Courts.—It is

not defamation to publish substantially true report of the proceedings of a Court of Justice, or of the result of any such proceedings. Explanation.—A Justice of the Peace or other officer holding an inquiry in open Court preliminary to a trial in a Court of Justice, is a Court within the | meaning of the above section. Fifth Exception.—Merits of case decided in Court or conduct of witnesses and others concerned.—It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court of Justice, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further. Illustrations (a) A says—“I think Z’s evidence on that trial is so contradictory that he must be stupid or dishonest”. A is within this exception if he says this is in good faith, in as much | as the opinion which he expresses respects Z’s character as it appears in Z’s conduct as

a witness, and no further. (b) But if A says—“I do not believe what Z asserted at that trial because I know

him to be a man without veracity”; A is not within this exception, in as much as the opinion which he expresses of Z’s character, is an opinion not founded on Z’s conduct as a witness.

Sixth Exception —Merits of public performance.—It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further. Explanation.—A performance may be substituted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public. Illustrations

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

Sec. 499]

The Indian Penal Code

597

(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—”Z’s book is foolish; Z must be a weak man. Z's book is indecent; Z must be a man of impure mind”. A is within the exception, if he says this in good faith, in as much as the opinion which he expresses of Z respects Z’s character only so far as it appears in Z’s book, and no further. (e) But if A says—“I am not surprised that Z’s book is foolish and indecent, for he is a weak man and a libertine”. A is not within this exception, in as much as the opinion which he expresses of Z’s character is an opinion not founded on Z’s book.

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

in matters to which such lawful authority relates. Illustration

A Judge censuring in good faith the conduct of a witness, or of an officer 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 school-master, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier—are within 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 accuse Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, a child, to Z’s father—A is within this exception.

Ninth Exception.—Imputation made in good faith by person for protection of his or other's interests.—It is not defamation to make an imputation on the

character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good. ree er

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

the exception, own interests. an imputation for the public

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.

598

The Indian Penal Code

[Sec. 499

COMMENTS

Imputation without publication ' In section 499 the words “makes or publishes any imputation” should be interpreted as words supplementing to each other. A maker of imputation without publication is i

not liable to be punished under that section; Bilal Ahmed Kaloo v. State of Andhra Pradesh, | (1997) 7 Supreme Today 127. 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. : CLASSIFICATION

OF

OFFENCE

Para I: Punishment—Simple imprisonment for 2 years, or fine, or both—Noncognizable—Bailable—Triable by Court of Session—Compoundable by the person defamed with the permission of the court. Para II: Punishment—Simple imprisonment for 2 years, or fine, or both—Noncognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the person defamed.

| —

{

— i :

COMMENTS

A person cannot be said to have committed an offence under section 500, or 501 or 502 or 504 of the Code merely because some news item or article is published attributing certain utterances to that person; Laloo Prasad v. State of Bihar, (1997) 2 Crimes 498 (Pal)

501. Printing or engraving matter known to be defamatory.—Whoever prints or engraves any matter, knowing or having good reason to believe

that such matter is defamatory of any person, shall be punished with simple ~ imprisonment for a term which may extend to two years, or with fine, or with : both. CLASSIFICATION

OF OFFENCE

Para I: Punishment—Simple imprisonment for 2 years, or fine, or both—Non-| eeeeeta sak oa by Court of Session—Compoundable by the person

efamed.

Para II: Punishment—Simple imprisonment for 2 years, or fine, or both—Noncognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the person defamed.

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 wit fine, or with both. CLASSIFICATION

OF OFFENCE

Para I: Punishment—Simple imprisonment for 2 years, or fine, or both—Non re a es by Court of Session—Compoundable by the

efamed.

Para II: Punishment—Simple imprisonment for 2 years, or fine, or both—Non cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the person defamed.

CHAPTER XXII OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE 503. Criminal intimidation.—Whoever threatens another with any inju 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, 0 to cause that person to do any act which he is not legally bound to do, or omit to do any act which that person is legally entitled to du, as the means o avoiding the execution of such threat, commits criminal intimidation. Explanation.—A threat to injure the reputation of any deceased person i whom the person threatened is interested, is within this section.

.

Sec. 505]

The Indian Penal Code

598A

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

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

OF

OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Compoundable by the person insulted. Section

COMMENTS 504 comprises of the following ingredients, viz., (a) intentional insult, (b) the

insult must be such as to give provocation to the person insulted, and (c) the accused must intend or know that such provocation would cause another to break the public peace or to commit any other offence. The intentional insult must be of such a degree that should rovoke a ape to break the public peace or to commit any other offence. The person who intentionally insults intending or knowing it to be likely that it will give provocation to any other person and such provocation will cause to break 5re peace or to commit any other offence, in such a situation the ingredients of section are satisfied. One of the essential elements constituting the offence is that there should have been an act or conduct amounting to intentional insult and the mere fact that the accused abused the complainant, as such, is not sufficient by itself to warrant a conviction under section 504; Fiona Shrikhande v. State of Maharashtra, AIR 2014 SC 957.

'[505. Statements

conducing

to public mischief.—[(1)]

Whoever

makes,

publishes or circulates any statement, rumour or report,— (a) with intent to cause, or which is likely to cause, any officer, soldier, 3{sailor or airman] in the Army, *{Navy or Air Force] *[of India] to mutiny or otherwise disregard or fail in his duty as such; or (b)

(c)

with intent to cause, or which is likely to cause,

fear or alarm to the

ublic, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility; or 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 *[three years], or with fine, or with both. 7[(2) Statements creating or promoting enmity, hatred or ill-will between classes.—Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.] 7[(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 1. Subs. by Act 4 of 1898, sec. 6, for section 505. Section 505 renumbered as sub-section (1) of that section by Act 35 of 1969, sec. 3 (w.e.f. wipe 4-9-1969). by Act 10 of 1927, sec. 2 and Sch. |, for “or sailor”. . Subs. by Act 10 of 1927, sec. 2 and Sch. I, for “or Navy”. . Subs. by A.O. 1950 for “of Her Majesty or in the Imperial Service Troops”. The words “or the Royal Indian Marine” occurring after the words “Majesty” were omitted by Act 35 of 1934, sec. 2 and Sch.

41 of 1961, sec. 4, for “two years” (w.e.f. 12-9-1961). of 1969, sec. 3(i) (w.e.f. 4-9-1969). 35 Act by No Ins.

598B

The Indian Penal Code

[Sec. 505

or in an 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 it '[in good faith and] without any such intent as aforesaid.] CLASSIFICATION

OF

OFFENCE

Para I: Punishment—Imprisonment for 3 years, or fine, or both—Non-cognizable— Non-bailable—Triable by any Magistrate—Non-compoundable. Para II: Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-

bailable—Triable by any Magistrate—Non-compoundable. Para III: Punishment—Imprisonment for 5 years and bailable—Triable by any Magistrate—Non-compoundable.

fine—Cognizable—Non-

COMMENTS

Mens rea Mens rea is a necessary postulate for the offence under section 505(2) of the Code; Bilal Ahmed Kaloo v. State of Andhra Pradesh, (1997) 7 Supreme Today 127.

|

Mischief leading to breach of public peace Publication or circulation is sine qua non under section 505(2) of the Code; Bilal Ahmed

Kaloo v. State of Andhra Pradesh, (1997) 7 Supreme Today 127.

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

If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or *{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 | 7] description for a term which may extend to seven years, or with fine, or with | both. CLASSIFICATION

OF OFFENCE

|

Para I: Punishment—Imprisonment for 2 years, or fine, or both—Non-cognizable- | Bailable—Triable by any Magistrate—Compoundable by the person intimidated. Para II: Punishment—Imprisonment for 7 years, or fine, or both—Non-cognizable— | Bailable—Triable by Magistrate of the first class—Compoundable by the person| intimidated.

STATE

AMENDMENT

Uttar Pradesh.—Imprisonment of 7 years, or fine or both—Cognizable—Nonbailable—Triable by Magistrate of the first class—Non-compoundable. Vide Notification No. 777/VIII 9-4(2)—87, dated 31st July, 1989, published in U.P. Gazette, Extra., Pt. A, Sec. (kha), dated 2nd August, 1989. 1. Ins. by Act 35 of 1969, sec. 3(ii) (w.e.f. 4-9-1969).

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

|

Sec. 509]

The Indian Penal Code

598C

COMMENTS

Threat to reputation Where criminal intimidation was committed by threatening X and his daughter with injury to their reputation by having the indecent photographs published; the intent mentioned was to cause alarm to X and his daughter, hence the appellant was clearly

guilty of the criminal intimidation and it was held that the conviction of the appellant under section 506 is correct; Romesh Chandra v. State, AIR 1960 SC 154.

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. CLASSIFICATION

OF

OFFENCE

Punishment—Imprisonment for 2 years, in addition to the punishment under above section—Non-cognizable—Bailable—Triable by Magistrate of the first class—Noncompoundable.

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 offender to cause him offender to cause him description for a term

if he does not do the thing which it is the object of the to do, or if he does the thing which it is the object of the to omit, shall be punished with imprisonment of either which may extend to one year, or with fine, or with both. Illustrations

(a) A sits dhurna

at Z’s door with the intention of causing it to be believed that,

by so sitting, he renders Z an object of Divine displeasure. defined in this section.

A has committed the offence

(b) A threatens Z that, unless Z performs a certain act, A will kill one of A’s 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. CLASSIFICATION

OF OFFENCE

Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Compoundable by the person induced.

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 of such woman, '[shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.]

1. Subs. by Act 13 of 2013, sec. 10, for “shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both” (w.r.e.f. 3-2-2013).

; 598D

The Indian Penal Code CLASSIFICATION

[Sec. 509

OF OFFENCE

Punishment—Simple imprisonment for 3 years and with fine—Cognizable—Bailable— Triable by any Magistrate—Compoundable by the woman whom it was intended to insult or whose privacy was intruded upon with the permission of the court.

STATE

AMENDMENTS

Chattisgarh.—After section 509, insert the following, namely:—

“509A. Sexual harassment by relative—Whoever, being related to a woman through blood, adoption or marriage, and not being her husband, takes the advantage of his proximity and induces, seduces or threatens such woman with intent to insult her modesty by word, gesture or act shall be punished with rigorous imprisonment which shall not be less than one year but which may extend to five years and shall also be liable to fine. 509B.

Sexual

harassment

by

electronic

modes—Whoever,

by

means

of

telecommunication device or by any other electronic mode including internet, makes,

creates, solicits or initiates

the transmission

of any comment,

request,

suggestion, proposal, image or other communication, which is obscene, lewd, lascivious, filthy or indecent with intent to harass or cause or having knowledge that it would harass or cause annoyance or mental agony to a woman shall be punished with rigorous imprisonment for a term which shall not be less than six months but may extend to two years and shall also be liable to fine.” [Vide Chattisgarh Act 25 of 2015, sec. 6 (w.e.f. 21-7-2015).]

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. CLASSIFICATION

OF OFFENCE

Punishment—Simple imprisonment for 24 hours, or fine of 10 rupees, or both—Noncognizable—Bailable—Triable by any Magistrate—Non-compoundable.

CHAPTER XXlll OF ATTEMPTS TO COMMIT

OFFENCES

511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.—Whoever attempts to commit an offence punishable by this Code with [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 with *[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. 1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f. 1-1-1956). 2. Subs. by Act 26 of 1955, sec. 117 and Sch., for certain words (w.e-f. 1-1-1956).

—

Sec. 511]

The Indian Penal Code

598E

(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the attempt in consequence of Z’s having nothing in his pocket. A is guilty under this section.

CLASSIFICATION OF OFFENCE Punishment—Imprisonment for life or imprisonment not exceeding half of the longest term provided for the offence, or fine, or both—According as the offence is cognizable or non-cognizable—According as the offence attempted by the offender is bailable or not—Triable by the court by which the offence attempted is triable—Non-compoundable. COMMENTS

Moral guilt and injury

Section 511 is a general provision dealing with attempts to commit offences not made punishable by other specific sections. It makes punishable all attempts to commit offences punishable with imprisonment and not only those punishable with death. An attempt is made punishable, because every attempt, although it falls short of success, must create alarm, which by itself is an injury, and the moral guilt of the offender is the same as if he had succeeded. Moral guilt must be united to injury in order to justify punishment. As the injury is not as great as if the act had been committed, only half the punishment is awarded. Attempt to commit an offence can be said to begin when the preparations are complete and the culprit commences to do something with the intention of committing the offence and which is a step towards the commission of the offence. The moment culprit commences to do an act with the necessary intention, he commences his attempt to commit the offence. The word “attempt” is not itself defined, and must, therefore, be taken in its ordinary meaning. This is exactly what the provisions of section 511 require; Koppula Venkat Rao v. State of Andhra Pradesh, (2004) 3 SCC 602.

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MODEL

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713

CHARGE

UNDER

SECTION

(COMMON

INTENTION)

h, ~wdtatenneesnas (mame and office of Magistrate/Sessions baie eee (name of the accused) as follows:—

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Judge), do hereby charge

....... pm/am

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detail of the act) punishable under section 34, IPC, in furtherance of a common intention or you and ............ .(names of other accused persons) participated in the meeting, (give the details of common intention) and you are guilty under Section .............. (mention the section of the IPC), read with section 34, IPC and within the cognizance of this Court. Accordingly, I hereby direct that you be tried by this court on the said charge. Date and Seal of Court

MODEL

FORM

(ENHANCED

Signature of Magistrate /Sessions Judge

OF CHARGE PUNISHMENT

UNDER AFTER

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PREVIOUS

75 OF IPC

CONVICTION)

| RSE PPT (name and office of the Magistrate/Sessions Judge) do hereby charge

WOU

peanogens voc(name of the accused) as follows:— That you, on ......day of ....... TO), sites’ about ....... pm/am committed an offence punishable under section ....... IPC (mention the section) and within my cognizance, that you, the said.............. stand further charged that before committing the said offence you had been convicted on.............. of an offence punishable under the section ........ of IPC RB BOTTA OF on aiscaceese. years and the said conviction is still in force and that you are thereby liable to enhanced punishment under section 75 of IPC. And I hereby direct that you be tried by the said Court of Session on the said charge.

Date and Seal of Court

Signature of Magistrate /Sessions Judge ARR

MODEL

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(ABETMENT

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714

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in consequence of the abetment, and thereby committed an offence punishable under section 115 of IPC and within my cognizance. And, I hereby direct that you be tried by the said Court on the said charge. Date and Seal of Court

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Signature of Magistrate /Sessions Judge/ High Court Judge

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(CRIMINAL CONSPIRACY) Lica ss oencseee (name and office of the Magistrate /Court of Session) hereby charge you Pena (name of the accused) as follows:

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not illegal by illegal means) and besides the above said agreement that you did some acts, in pursuance of the said agreement to commit the offence of ...... section of IPC punishable with death or imprisonment for life or rigorous imprisonment for a term of Biases years or upwards or a criminal conspiracy other than a criminal conspiracy to commit an offence punishable under section 120B of IPC, and within my cognizance. And I hereby direct that you be tried by the said Court on the said charge. Date and Seal of Court

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Signature of Magistrate /Sessions Judge

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FOR MURDER)

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SECTION

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FORM

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UNDER

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376 OF IPC

(RAPE) Ry akanasadveans (name and office of the Magistrate/Session Judge/High Court Judge) hereby charge you ............1000 (name of the accused) as follows:—

That on ....... day of....... DD vee¥ic at about....... pm/am you committed rape on ....... (name of the woman raped), and thereby committed an offence punishable under section 376 of IPC and within the cognizance of this Court. And I hereby direct that you be tried by the said Court by this Court.

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IN THE MATTER OF mo

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Petitioner

vs. State

Respondent (1) That the petitioner.............. (name of accused) was arrested................. on day of

ey 20.......for the alleged offences under .............IPC (mention petitioner has been in Judicial custody since the date of arrest till date.

the section). The

(2) That the prosecution did not file charge sheet even after the expiry of 90 or 60 days (mention the exact days till the date of application) under section 167(2)(a) of Cr PC

and the petitioner .............. (name of accused) is ready and willing to furnish the sureties as may be directed by this Hon’ble Court. It is therefore prayed that this Hon’ble Court may be pleased to release the petitioner ee eee (name of accused) on bail and pass such other suitable orders as the court may think fit and proper.

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To

The Hon’ble Chief Justice and his Companion Justices of the said Hon’ble Court. The humble petition of the petitioner above named respectfully showeth:

1. That petitioner was served with the order dated .................. passed by the District fe authorising his detention under section 3 of the National Security Act, 1980 while he was still in prison in connection with another criminal case. 2. That petition is now confined at .......:.cccscceseeeereee Jail. The copy of the said detention order is enclosed herewith and marked as Annexure ‘A’. 3. That the detention order has been made in mala fide exercise of power and the instances cited in the grounds of detention did not relate to public order. They merely relate to law and order and some of them were stated as well. 4. That all the materials and the grounds on which the District Magistrate felt satisfied that it was necessary to detain him with a view to prevent him from acting in a manner prejudicial to the maintenance of public order were not supplied to him and as such he was not given an opportunity for making an effective representation in that regard. (State other grounds on which the order of detention is challenged). PRAYER Petitioner, therefore, humbly prays that your Lordships may be graciously pleased to issue a Rule calling upon the Respondents to show cause why writ in the nature of habeas corpus calling upon them to produce the petitioner before this Hon’ble Court be not accepted and he be set at liberty forthwith. Date:

PETITIONER

Criminal Pleadings

720

BAIL

APPLICATION UNDER SECTION 439 OF THE CRIMINAL PROCEDURE, 1973 In the High Court of ..

CODE

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- sp enayeol Ohara

In the matter of: POtIHONET/ACCUISRIN, «.5 52ers cecntes eam caeeorencensensrs ipetowee (Presently lodged in Central Jail Tihar)

vs. GollectorOf(Giistsins. ..;sv2cnis-:s-sceesverss cheese bes+5iia tieseensbocesee

(Application under section 439 (praying for releasing of the petitioner/accused on bail) To

The Hon’ble Chief Justice and his Companion Justices of the said High Court...... The humble petition of the petitioner above-named: MOST RESPECTFULLY SHEWETH: k That the petitioner/accused was apprehended by the Customs Officers of ésgsan aye teee ON uoeseesececeseeeeeeee LN Connection with an alleged offence punishable under section 135 of the Customs Act, 1962 in connection with recovery of 20 gold biscuits weighing __........... .. gms valued at Rs.. aypreenees and.‘currency ‘worth Rs. pedDitndvavbenctiiedbtinan from the luggage which ‘does not belong to the petitioner. BRIEF FACTS OF THE CASE. That the petitioner/accused informed the officers that he had no connection with the seized goods, the petitioner was forced, induced and threatened to make involuntary statement by the Customs Officers under section 108 of the Customs Act, 1962. That the petitioner/accused is innocent and has not committed any offence whatsoever. That the petitioner/accused was produced in the court of Ld. Session Judge on ieeveverwtneroonesnnestees and bail application moved by him was rejected on ...........00.. That the petitioner/accused is a respectable man of the society and he has never come to the adverse notice of any law enforcing authority. That the petitioner /accused is not a previous convict. That the petitioner/accused is a permanent resident of ...... living with the family members and as such there is no chance of his absconding from trial. That the investigations of the case qua the petitioner/ accused is over and no useful purpose would be served if the accused /petitioner is denied bail. . That the bail application moved before the Sessions Court was dismissed BE That the petitioner/accused is ready to abide by any condition imposed by this

Hon'ble Court. 12. That no similar Bail application has been filed on behalf of the petitioner/accused in this Hon’ble Court or in any other High Court.

Criminal Pleadings

721

PRAYER In view of the foregoing it is most respectfully prayed that: (a) the petitioner/accused may kindly be admitted to bail on such terms and conditions as this Hon’ble Court may deem fit and proper in the interest of justice and /or; (b) pass any further order or orders as this Hon’ble Court may deem fit and proper in the interest of justice. Prayed accordingly.

PETITIONER/ACCUSED through COUNSEL

Dated:

APPLICATION

UNDER SECTION 439(1)(b) OF THE CRIMINAL PROCEDURE, 1973

CODE

OF

[Special Powers of High Court or Court of Session to grant bail— Under section 439(1)(b) Condition imposed by Magistrate to be modified or set aside.] Celene MiI6e. NG. issn

ri bds. ack vea As acens ODD isiecies In re

RII

5 «3,bidedee Miesk tale eis

Dincies, Girth PR

5. fais eee

ERGO i295 80 Sie

asta OD eR hibits tikes web vines 8 Sim RINT

beih ast of LP.C. vinci ieee

Micabs

[Application under section 439(1)(b)] The humble application on behalf of the applicant most respectfully sheweth: 1. That the applicant is innocent and has been falsely implicated in the case due to enmity. 2. That the applicant’s name is not mentioned in the F.LR. 3. That there was no recovery of any incriminating articles from the possession of the applicant.

4. That the learned Judicial Magistrate 1st Class was pleased to release the applicant on bail on the executing of bond with two sureties of Rs................ each but imposed condition on the applicant, such as: (i) the applicant shall leave the town Of .........s.:sscsssseseeees BRIE: scnepecesercttucntvegesiis must not enter into the town until the disposal of the case, (ii) the applicant should report to the Officer-in-Charge Of the «0... Police Station twice in a week.

722

Criminal Pleadings

5. That the applicant has been living in the said town with his family for about 10 years and has been earning his livelihood by working in a ................+

6. That the applicant will be put to immense difficulties if he were to leave the town so much so that he will be out of work and the members of his family including the applicant shall have to face starvation. PRAYER The applicant, therefore, prays that this Hon’ble Court be pleased to set aside the said conditions imposed by the learned Judicial Magistrate and/or to modify them. Dated:

BAIL

APPLICANT

APPLICATION UNDER OF CRIMINAL

SECTION 389(3) OF THE PROCEDURE, 1973

CODE

(Suspension of sentence pending the appeal, release of appellant on bail) In the Court of Shri........ Judicial Magistrate (First Class)

State

Complainant

vs. Accused

Respondent 78 wvsicveseneseccuteoiin IPC Police Station ..............

[Application under section 389(3)] The humble application of the applicant respectfully showeth: i, “ip the applicant has been convicted and sentenced by the court in the above case veserensrseiatawonins month’s rigorous imprisonment. ¥J “ae the applicant was on bail during the trial by this Hon’ble Court and never abused the privilege of bail given to him. 3. That the case is of minor nature and the applicant is entitled to be given the benefit of doubt. 4. That the filing of appeal/revision shall take sometime, and convict applicant shall suffer irreparable loss till he is heard by the appellate court. 5. That the applicant is the sole earning member in his family and he is the only person who can arrange for a proper conduct of the appeal against his conviction above mentioned. 6. That the applicant contested the case during the appeal/trial and intends now to go up in the appeal to file which the applicant requires time during which it is necessary for him to be on bail.

Criminal Pleadings

723

PRAYER

It is, therefore, respectfully prayed that this Hon’ble Court may be pleased to grant bail for the applicant to enable him to file the appeal and get orders for bail from the appellate court. Dated:

COUNSEL FOR THE APPLICANT

APPLICATION

UNDER SECTION 444 OF THE CRIMINAL PROCEDURE, 1973

CODE

OF

(Discharge of sureties) a” nes

lepaitinieetine enema.

AN © INS. oo ctecorne

alll Ml

©

eeBee

etintiartectsess icc OF 20. \-..ccteeae

State

Complainant vs.

Accused

Respondent a EE

Oe

See

OPE cee

ee

of LP.C.

MONOID 0525.5 odstenccvedeseeen sede aciacc evnede ahs mene recalicas

(Application under section 444) The humble application on behalf of the applicant.

MOST RESPECTFULLY SHEWETH: 1. That the applicant is one of the sureties for the accused ................. in the above case. 2. That the accused ..............4+. is present in the court today. 3. That the applicant is leaving ................. and is not likely to return before the expiry of a couple of years within which he will not be able to exercise proper control over the accused and discharge the responsibility that he has undertaken. PRAYER The applicant, therefore, prays that the Hon’ble Court be pleased to allow the applicant to withdraw as a surety and take action as provided by law for the discharge of the applicant from the responsibilities.

Place:

APPLICANT

724

Criminal Pleadings

PETITION

UNDER

SECTION

317 OF

Cr PC

(INQUIRIES AND TRIAL IN ABSENCE OF ACCUSED) IN Tite COm gyOF settee (NAME OF COURT) AT Fe cicnps cece (NAME OF PLACE) Cri. Case No, ....ss32 OF 20)... 0.55

IN THE MATTER OF eae

Tie tere: Sone

Petitioner

vs.

State

Respondent (1) That the petitioner

.............. (name

of accused)

charged

with.......

(mention

sections of IPC) and his attendance is not necessary for following reasons ..........-.-.--.Sac adsdevetessudcesaiwiinias ene (mention the reasons).

It is therefore prayed that Your Honour may be pleased to dispense with the attendance of petitioner .............. (name of accused) for the present and proceed with the matter in the interest of Justice and may pass such other order or orders as this court may think fit and proper. Signature of Accused See eee n eee eeeeneweeeenneeeeeneees

PLACE. 6 63 ssvcceeves

Signature of Advocate

AFFIDAVIT

IN SUPPORT

TRIAL

OF AN

APPLICATION

FOR

UNDER SECTION 437 OF Cr PC (BAIL IN NON-BAILABLE OFFENCE)

IN THE SESSIONS COURT OF....... Cr. Misc. (Bail) Application No. ....... of 2D....... vivevesensenitibennratybrutvares

Applicant

vs. storvetoresrtervevnerevvenreee Respondent Affidavit of .............. (name of the deponent) s/o.............. (name of the father of the deponent), aged.............. (age of deponent), resident of.............. (place of residence). 1. That the deponent referred to above is the accused in Sessions Case No. ....... of sevens 20..... which is allegedly for an offence punishable under section 307 read with sections 120B and 34 of the Indian Penal Code.

2. That the deponent is fully familiar with the facts and the circumstances of the case and is competent to depose to the facts mentioned hereunder. 3. That the deponent is not guilty of the offence with which he is charged, and is innocent. He has been falsely implicated in the said Sessions case for having allegedly

Criminal Pleadings

725

committed the offence referred to above due to past enmity with the de facto complainant who had given the First Information Statement to the Police. The aforesaid case arose out of the First Information Statement referred to above. The FIR dated ....... of y.|Leer lodged by the.............. (name of the complainant) at Police Station.............. (name of Police Station) was that he arrived at the residence of .............. (mention the

place of residence of the original complainant), at ....... pm/am on the day of....... BO oats ; got hold of his collar, threatened to strangulate him and also hit his head with a revolver. A true copy of the FIR has been filed before this Hon’ble Court. 4. That the aforesaid facts stated in the FIR are totally false and concocted and are born out of the figment of the wild imagination of the informant and the Police .............. (name of Police Officer) who have registered the crime.

5. That despite the fact that the deponent was arrested a few days ago, no weapon or other material object was discovered/recovered from his person or as shown by him. The memo of arrest which is produced herewith will clearly bear this fact out.

6. That there is no independent evidence from any reliable witnesses to the occurrence and the entire prosecution case is a cock and bull story. 7. That no occurrence of a criminal nature much less like the one alleged against the deponent, has ever taken place. 8. That the deponent is unnecessarily detained and his freedom of movement and action is curtailed on total violation of his fundamental rights. 9. That the deponent is the only earning member of his family who earns out his livelihood as a daily labourer. His big family consists of his aged parents as well. Unless he is enlarged on bail, the petitioner’s family will be reduced to starvation. 10. That the deponent is willing to provide two solvent sureties in the event of granting of bail by this Hon’ble Court. He also undertakes to abide by all the conditions this Hon’ble Court deems fit to impose for the purpose of enlarging him on bail. He will co-operate with the investigation and not try to influence any witnesses. 11. That the deponent has not filed any bail application earlier, nor any bail application is pending before this court or any other court. Verified that the contents of paras 1 to 11 of this affidavit are based on personal knowledge of the deponent and nothing material to the case has been hidden from the affidavit. Signed and verified at.............. p ORIEN, or uoue day of....... | Deponent Solemnly affirmed and signed by the deponent, who is personally known to me in

my Office at.............. on this ....... day of....... BDeisioaios 2”. en ispscaginicarvnseecvsate

Seal and Signature of Advocate

726

Criminal Pleadings

AFFIDAVIT IN THE UNDER SECTION

COUNTER

BAIL APPLICATION 437 OF Cr PC

FILED

In the Sessions Court of.............-

Affidavit in Cri. Misc. (Bail) Application No. ....... of 20....... HPT

Me ARS

aE

Applicant

vs. a

ee Affidavit Of:22-525----3 SIDS

Respondent ai , aged....... president wl. 5. 5.65.02

1. I, the above mentioned deponent do hereby solemnly affirm and state on oath as follows:— 2. That I am the Circle Inspector attached to the .............. Police Station, .............. I

am investigating officer in the crime covered by the above case. I am fully conversant with the facts and the circumstances of the case and I am authorised and competent to file this counter affidavit in the Bail Application of the accused.............. (name of the accused). 3. That all the averments in the affidavit of the accused applicant, save and except those which are specifically admitted hereunder, are denied as untrue and incorrect. 4. That the averments in paras 1 to 3 of the affidavit being matters of record deserve no reply. 5. That with regard to the averments in paras 3 to 11, it is respectfully submitted that the same are not true or correct. There is prima facie evidence to convict the applicant for the offence with which he is charged. As an investigating officer |was able to recover the revolver used by the applicant from the hidden place in his residence soon after his arrest. The place where the revolver was kept was pointed out by the applicant himself. 6. That further investigation revealed that there was serious dispute between the complainant informant and the applicant and there was civil litigation between the parties in which the complainant (victim) eventually succeeded. The accused was nursing hatred against the victim and he has been telling everybody that he would be doing away with the life of the victim (informant).

7. That the applicant is a person wielding considerable influence among the political circles. He is affluent and there is every possibility of his interfering with the investigation making use of his political connections and influencing the witnesses with his money power, if he is set at large. This will seriously affect the investigation and prosecution of the case.

8. That his remand to, and continuance in, custody till the investigation is very essential for an effective and complete investigation of the case. It is, therefore, just and necessary that the bail application filed by the applicant be dismissed.

Verified that the contents of paras 1 to 8 of this affidavit are true to my personal knowledge and belief and nothing material has been concealed therefrom. Signed and verified at.............. .

ee

ee

, 20....

PP

ret

ere err ry

Criminal Pleadings

727

Solemnly affirmed and signed before me by the deponent, who is personally known to me on this.............. day of ....... | an in my office at .......

AA en RR eee eee Re ee ee eee nee eee eee e es eeeeenenenneeeeeeeee

DECLARATION OF AN ACCUSED AT THE TIME OF HIS RELEASE FROM JAIL UNDER SECTION 356 OF Cr PC (NOTIFICATION

OF ADDRESS

BY CONVICT)

Rate. Fe, 8 (mame of accused) Ss/o.............. (mame of father of accused), Boy se oe village.............(mame of village), Thana.................(mame of Thana),

DRE

2 oct ciescs(mame

of

District),

do

hereby

declare

that

I shall

reside

at

Seuadbebantacd (name of Village) and I shall inform to the ........................(mame of police station)

whenever I shall change my place of residence.

Signature of accused Datectits..:.

Countersigned by Superintendent of Jail

Attested by the Jailor

DI sideesesxcs

Dates}

asa. 50s.

APPLICATION FOR CONDONING DELAY IN FILING COMPLAINT UNDER SECTION 473, Cr PC (EXTENTION OF PERIOD OF LIMITATION) IN THE COURT OF.............. (PLACE OF COURT) Complainant vs.

on dnadelapasus re dexe

Opposite party The humble petition of.............. (name of complainant) most respectfully sheweth: 1. That the petitioner...........:s:ssesssssvssssssessssesessssenscssssssesssennsnsssnseneees(name of petitioner),

(name of father of petitioner), resident of .............. (name of place of ee resident), aged .............. (years) was attacked by the opposite party about ....... hours in night. 2. That some people after hearing the shout of the petitioner intervened in the occurrence and rescued the petitioner from the trap of the opposite party.

728

Criminal Pleadings

3. That the petitioner received serious injuries and his two legs were fractured in the abovementioned attack and hence he remained in the hospital.............. (name and place of hospital) from date....... 40: sack date and because unable to make complaint within the Sea spauscannes prescribed period from the date of occurrence before this Honourable Court as prescribed Wi -2.2-21sn00-7 of Cr PC (mention the section). A medical certificate has been

attached herewith petition. Therefore it is prayed that your Honour may be pleased to extend the period of limitation in the interest of justice. Signature of Petitioner Signature and Seal saetee |e

Advocate ee ee

a

een ere rerre eens or

Daterds 2.2.32

PETITION

FOR WITHDRAWAL OF A CASE BY UNDER SECTION 257 OF Cr PC

THE

PARTY

(WITHDRAWAL OF COMPLAINT) INTHE COURT OF}. so s0se0s0000 (NAME AND PLACE OF COURT) Criv Case No. «20.0. Ot Zi.

ceducsdeacdededt ates

Petitioner

vs. State

Respondent This humble petition most respectfully sheweth:

1. That the accused.............. (name of the accused), aged .............. (enter the age) is charged with the .............. sections of IPC (mention the sections of IPC) in the

abovementioned case. 2. That the ACCused ........600602 (name of the accused) belongs to the same blood relation of the complainant.

Gv ERIN ONL, syascxevessurd GEY OF... ae some people in the same locality themselves intervened in the matter and an amicable settlement was brought among the complainant cevevrasesed (name of the complainant) and the accused..............(mame of the accused) and

they both were agreed to withdraw the abovementioned case and finally the complainant is ready to withdraw the case and not to proceed further. It is, therefore, prayed that this court may be pleased to allow the complainant to withdraw the case from this Honourable court and the accused may be allowed to be acquitted from the abovementioned case.

PIM ghys crevesess

Signature and Seal of Advocate

Criminal Pleadings PETITION

UNDER

(DISPENSING

OF

PERSONAL

ACCUSED IN: THE COURT

SECTION

729 205

OF

ATTENDANCE

Cr

PC

OF

BY MAGISTRATE)

OF.............: (NAME

OF THE COURT)

AM ites tie (NAME OF PLACE) Cri. CaseNes 15.2. Be

sre

of 20s...233

ee

Petitioner vs.

State

Respondent

1. That the petitioner .............. (name of petitioner) herein submits that a case has been initiated against him under Sections .............. IPC (mention to sections) and the petitioner is charge-sheeted under ............. Sections of Cr PC (mention the section).

2. That the petitioner has appeared through his counsel on the various dates of hearing.

3. That the petitioner is a very old man of about .............. years age and he is unable to attend this Hon’ble Court for every date of hearing. 4. That the petitioner is the neighbour of the complainant and is known to all the witnesses and there is no problem of identification at trial and his appearance in the last trial. 5. It is therefore prayed that this Hon’ble Court may be pleased to grant exemption from personal appearance and may permit him to be represented by advocate in ctinns sth (name of advocate) and also pass such other suitable orders as this Hon’ble Court may think it fit and proper.

Signature of Accused

Signature of Advocate

PETITION FOR UNDER (DISPENSING

AND

IN. THE COURT

EXAMINATION OF A WITNESS SECTION 284 OF Cr PC

COMMISSION

OF ATTENDANCE

OF WITNESS)

OF; ),..:0000.