Description
Bharat’s Law of Crimes (in 3 Volumes) by Ratanlal & Dhirajlal
CHAPTER I
INTRODUCTION
Preamble
- Title and extent of operation of the Code
- Punishment of offences committed within India
- Punishment of offences committed beyond, but which by law may be tried within, India
- Extension of Code to extra-territorial offences
- Certain laws not to be affected by this Act
CHAPTER II
GENERAL EXPLANATIONS
- Definitions in the Code to be understood subject to exceptions
- Sense of expression once explained
- Gender
- Number
- “Man”, “Woman”
- “Person”
- “Public”
- (Repealed)
- “Servant of Government”
- (Repealed)
- (Repealed)
- “Government”
- “India”
- “Judge”
- “Court of Justice”
- “Public servant”
- “Movable property”
- “Wrongful gain”
“Wrongful loss”
“Gaining wrongfully”, “Losing wrongfully”
- “Dishonestly”
- “Fraudulently”
- “Reason to believe”
- Property in possession of wife, clerk or servant
- “Counterfeit”
- “Document”
29A. “Electronic record”
- “Valuable security”
- “A will”
- Words referring to acts include illegal omissions
- “Act”, “Omission”
- Acts done by several persons in furtherance of common intention
- When such an act is criminal by reason of its being done with a criminal knowledge or intention
- Effect caused partly by act and partly by omission
- Co-operation by doing one of several acts constituting an offence
- Persons concerned in criminal act may be guilty of different offences
- “Voluntarily”
- “Offence”
- “Special law”
- “Local law”
- “Illegal”, “Legally bound to do”
- “Injury”
- “Life”
- “Death”
- “Animal”
- “Vessel”
- “Year”, “Month”
- “Section”
- “Oath”
- “Good faith”
52A. “Harbour”
CHAPTER III
OF PUNISHMENTS
- “Punishments”
53A. Construction of reference to transportation
- Commutation of sentence of death
- Commutation of sentence of imprisonment for life
55A. Definition of “appropriate Government”
- (Repealed)
- Fractions of terms of punishment
- (Repealed)
- (Repealed)
- Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple
- (Repealed)
- (Repealed)
- Amount of fine
- Sentence of imprisonment for non-payment of fine
65 Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable
- Description of imprisonment for non-payment of fine
- Imprisonment for non-payment of fine, when offence punishable with fine only
- Imprisonment to terminate on payment of fine
- Termination of imprisonment on payment of proportional part of fine
- Fine leviable within six years or during imprisonment. Death not to discharge property from liability
- Limit of punishment of offence made-up of several offences
- Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which
- Solitary confinement
- Limit of solitary confinement
- Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction
CHAPTER IV
GENERAL EXCEPTIONS
- Act done by a person bound, or by mistake of fact believing himself bound, by law
- Act of Judge when acting judicially
- Act done pursuant to the judgment or order of Court
- Act done by a person justified, or by mistake of fact believing himself justified by law
- Accident in doing a lawful act
- Act likely to cause harm, but done without criminal intent, and to prevent other harm
- Act of a child under seven years of age
- Act of a child above seven and under twelve of immature understanding
- Act of a person of unsound mind
- Act of a person incapable of judgment by reason of intoxication caused against his will
- Offence requiring a particular intent or knowledge committed by one who is intoxicated
- Act not intended and not known to be likely to cause death or grievous hurt, done by consent
- Act not intended to cause death, done by consent in good faith for person’s benefit
- Act done in good faith for benefit of child or insane person, by or by consent of guardian
- Consent known to be given under fear or misconception
Consent of insane person
Consent of child
- Exclusion of acts which are offences independently of harm caused
- Act done in good faith for benefit of a person without consent
- Communication made in good faith
- Act to which a person is compelled by threats
- Act causing slight harm
Of the right of private defence
- Things done in private defence
- Right of private defence of the body and of property
- Right of private defence against the act of a person of unsound mind, etc.
- Acts against which there is no right of private defence
Extent to which the right may be exercised
- When the right of private defence of the body extends to causing death
- When such right extends to causing any harm other than death
- Commencement and continuance of the right of private defence of the body
- When the right of private defence of property extends to causing death
- When such right extends to causing any harm other than death
- Commencement and continuance of the right of private defence of property
- Right of private defence against deadly assault when there is risk of harm to innocent person
CHAPTER V
OF ABETMENT
- Abetment of a thing
- Abettor
108A. Abetment in India of offences outside India
- Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment
- Punishment of abetment if person abetted does act with different intention from that of abettor
- Liability of abettor when one act abetted and different act done
- Abettor when liable to cumulative punishment for act abetted and for act done
- Liability of abettor for an effect caused by the act abetted different from that intended by the abettor
- Abettor present when offence is committed
- Abetment of offence punishable with death or imprisonment for life—if offence not committed
if act causing harm be done in consequence
- Abetment of offence punishable with imprisonment—if offence be not committed
if abettor or person abetted be a public servant whose duty it is to prevent offence
- Abetting commission of offence by the public or by more than ten persons
- Concealing design to commit offence punishable with death or imprisonment for life
if offence be committed — if offence be not committed
- Public servant concealing design to commit offence which it is his duty to prevent
if offence be committed
if offence be punishable with death, etc.
if offence be not committed
- Concealing design to commit offence punishable with imprisonment
if offence be committed — if offence be not committed
CHAPTER VA
CRIMINAL CONSPIRACY
120A. Definition of criminal conspiracy
120B. Punishment of criminal conspiracy
CHAPTER VI
OF OFFENCES AGAINST THE STATE
- Waging or attempting to wage war or abetting waging of war, against the Government of India
121A. Conspiracy to commit offences punishable by section 121
- Collecting arms, etc., with intention of waging war against the Government of India
- Concealing with intent to facilitate design to wage war
- Assaulting President, Government, etc., with intent to compel or restrain the exercise of any lawful power
124A. Sedition
- Waging war against any Asiatic Power in alliance with the Government of India
- Committing depredation on territories of power at peace with the Government of India
- Receiving property taken by war or depredation mentioned in sections 125 and 126
- Public servant voluntarily allowing prisoner of State or war to escape
- Public servant negligently suffering such prisoner to escape
- Aiding escape of, rescuing or harbouring such prisoner
CHAPTER VII
OF OFFENCES RELATING TO THE ARMY,
NAVY AND AIR FORCE
- Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty
- Abetment of mutiny if mutiny is committed in consequence thereof
- Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
- Abetment of such assault, if the assault is committed
- Abetment of desertion of soldier, sailor or airman
- Harbouring deserter
- Deserter concealed on board merchant vessel through negligence of master
- Abetment of act of insubordination by solider, sailor or airman
138A. (Repealed)
- Persons subject to certain Acts
- Wearing garb or carrying token used by soldier, sailor or airman
CHAPTER VIII
OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
- Unlawful assembly
- Being member of unlawful assembly
- Punishment
- Joining unlawful assembly armed with deadly weapon
- Joining or continuing in unlawful assembly, knowing it has been commanded to disperse
- Rioting
- Punishment for rioting
- Rioting, armed with deadly weapon
- Every member of unlawful assembly guilty of offence committed in prosecution of common object
- Hiring, or conniving at hiring, to persons to join unlawful assembly
- Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse
- Assaulting or obstructing public servant when suppressing riot, etc.
- Wantonly giving provocation with intent to cause riot
If rioting be committed
If not committed
153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony
Offence committed in place of worship, etc.
153AA. Punishment for knowingly carrying arms in any procession or organising, or holding or taking part in any mass drill or mass training with arms
153B. Imputations, assertions prejudicial to national integration
- Owner or occupier of land on which an unlawful assembly is held
- Liability of person for whose benefit riot is committed
- Liability of agent of owner or occupier for whose benefit riot is committed
- Harbouring persons hired for an unlawful assembly
- Being hired to take part in an unlawful assembly or riot
or to go armed
- Affray
- Punishment for committing affray
CHAPTER IX
OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
- Public servant taking gratification other than legal remuneration in respect of an official act (Omitted)
- Taking gratification, in order, by corrupt or illegal means, to influence public servant (Omitted)
- Taking gratification, for exercise of personal influence with public servant (Omitted)
- Punishment for abetment by public servant of offences defined in section 162 or 163 (Omitted)
- Public servant obtaining valuable thing, without consideration, from person concerned in proceeding or business transacted by such public servant (Omitted)
165A. Punishment for abetment of offences defined in section 161 or section 165 (Omitted)
- Public servant, disobeying law, with intent to cause injury to any person
166A.Public servant disobeying direction under law
166B. Punishment for non-treatment of victim
- Public servant framing an incorrect document with intent to cause injury
- Public servant unlawfully engaging in trade
- Public servant unlawfully buying or bidding for property
- Personating a public servant
- Wearing garb or carrying token used by public servant with fraudulent intent
CHAPTER IXA
OF OFFENCES RELATING TO ELECTIONS
171A. “Candidate”, “Electoral right” defined
171B. Bribery
171C. Undue influence at elections
171D. Personation at elections
171E. Punishment for bribery
171F. Punishment for undue influence or personation at an election
171G. False statement in connection with an election
171H. Illegal payments in connection with an election
171-I. Failure to keep election accounts
CHAPTER X
OF CONTEMPTS OF THE LAWFUL AUTHORITY OF
PUBLIC SERVANTS
- Absconding to avoid service of summons or other proceeding
- Preventing service of summons or other proceeding or preventing publication thereof
- Non-attendance in obedience to an order from public servant
174A. Non-appearance in response to a proclamation under section 82 of Act 2 of 1974
- Omission to produce document to public servant by person legally bound to produce it
- Omission to give notice or information to public servant by person legally bound to give it
- Furnishing false information
- Refusing oath or affirmation when duly required by public servant to make it
- Refusing to answer public servant authorized to question
- Refusing to sign statement
- False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation
- False information, with intent to cause public servant to use his lawful power to the injury of another person
- Resistance to the taking of property by the lawful authority of a public servant
- Obstructing sale of property offered for sale by authority of public servant
- Illegal purchase or bid for property offered for sale by authority of public servant
- Obstructing public servant in discharge of public functions
- Omission to assist public servant when bound by law to give assistance
- Disobedience to order duly promulgated by public servant
- Threat of injury to public servant
- Threat of injury to induce person to refrain from applying for protection to public servant
CHAPTER XI
OF FALSE EVIDENCE AND OFFENCES AGAINST
PUBLIC JUSTICE
- Giving false evidence
- Fabricating false evidence
- Punishment for false evidence
- Giving or fabricating false evidence with intent to procure conviction of capital offence
if innocent person be thereby convicted and executed
- Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
195A. Threatening any person to give false evidence
- Using evidence known to be false
- Issuing or signing false certificate
- Using as true a certificate known to be false
- False statement made in declaration which is by law receivable as evidence
- Using as true such declaration knowing it to be false
- Causing disappearance of evidence of offence, or giving false information to screen offender
if a capital offence
if punishable with imprisonment for life
if punishable with less than ten years imprisonment
- Intentional omission to give information of offence by person bound to inform
- Giving false information respecting an offence committed
- Destruction of document or electronic record to prevent its production as evidence
- False personation for purpose of act or proceeding in suit or prosecution
- Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
- Fraudulent claim to property to prevent its seizure as forfeited or in execution
- Fraudulently suffering decree for sum not due
- Dishonestly making false claim in Court
- Fraudulently obtaining decree for sum not due
- False charge of offence made with intent to injure
- Harbouring offender
if a capital offence
if punishable with imprisonment for life, or with imprisonment
- Taking gift, etc., to screen an offender from punishment
if a capital offence
if punishable with imprisonment for life, or with imprisonment
- Offering gift or restoration of property in consideration of screening offender
if a capital offence
if punishable with imprisonment for life, or with imprisonment
- Taking gift to help to recover stolen property, etc.
- Harbouring offender who has escaped from custody or whose apprehension has been ordered
if a capital offence
if punishable with imprisonment for life, or with imprisonment
216A. Penalty for harbouring robbers or dacoits
216B. (Repealed)
- Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
- Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
- Public servant in judicial proceeding corruptly making report, etc., contrary to law
- Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
- Intentional omission to apprehend on the part of public servant bound to apprehend
- Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed
- Escape from confinement or custody negligently suffered by public servant
- Resistance or obstruction by a person to his lawful apprehension
- Resistance or obstruction to lawful apprehension of another person
225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for
225B. Resistance or obstruction to lawful apprehension, or escape or rescue, in cases not otherwise provided for
- (Repealed)
- Violation of condition of remission of punishment
- Intentional insult or interruption to public servant sitting in judicial proceeding
228A. Disclosure of identity of the victim of certain offences, etc.
- Personation of a juror or assessor
229A. Failure by person released on bail or bond to appear in Court
- “Coin” defined
Indian coin
- Counterfeiting coin
- Counterfeiting Indian coin
- Making or selling instrument for counterfeiting coin
- Making or selling instrument for counterfeiting Indian coin
- Possession of instrument or material for the purpose of using the same for counterfeiting coin
if Indian coin
- Abetting in India the counterfeiting out of India of coin
- Import or export of counterfeit coin
- Import or export of counterfeits of the Indian coin
- Delivery of coin, possessed with knowledge that it is counterfeit
- Delivery of Indian coin, possessed with knowledge that it is counterfeit
- Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit
- Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof
- Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof
- Person employed in mint causing coin to be of different weight or composition from that fixed by law
- Unlawfully taking coining instrument from mint
- Fraudulently or dishonestly diminishing weight or altering composition of coin
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