Law of CRIMES by RATANLAL & DHIRAJLAL (Set of 3 Vols.) – 29th Edition 2023

Description

 CHAPTER I

INTRODUCTION

Preamble

1. Title and extent of operation of the Code
2. Punishment of offences committed within India
3. Punishment of offences committed beyond, but which by law may be tried within, India
4. Extension of Code to extra-territorial offences
5. Certain laws not to be affected by this Act

CHAPTER II

GENERAL EXPLANATIONS

6. Definitions in the Code to be understood subject to exceptions
7. Sense of expression once explained
8. Gender
9. Number
10. “Man”, “Woman”
11. “Person”
12. “Public”
13. (Repealed)
14. “Servant of Government”
15. (Repealed)
16. (Repealed)
17. “Government”
18. “India”
19. “Judge”
20. “Court of Justice”
21. “Public servant”
22. “Movable property”
23. “Wrongful gain”

“Wrongful loss”

“Gaining wrongfully”, “Losing wrongfully”

24. “Dishonestly”
25. “Fraudulently”
26. “Reason to believe”
27. Property in possession of wife, clerk or servant
28. “Counterfeit”
29. “Document”

29A. “Electronic record”

30. “Valuable security”
31. “A will”
32. Words referring to acts include illegal omissions
33. “Act”, “Omission”
34. Acts done by several persons in furtherance of common intention
35. When such an act is criminal by reason of its being done with a criminal knowledge or intention
36. Effect caused partly by act and partly by omission
37. Co-operation by doing one of several acts constituting an offence
38. Persons concerned in criminal act may be guilty of different offences
39. “Voluntarily”
40. “Offence”
41. “Special law”
42. “Local law”
43. “Illegal”, “Legally bound to do”
44. “Injury”
45. “Life”
46. “Death”
47. “Animal”
48. “Vessel”
49. “Year”, “Month”
50. “Section”
51. “Oath”
52. “Good faith”

52A. “Harbour”

CHAPTER III

OF PUNISHMENTS

53. “Punishments”

53A. Construction of reference to transportation

54. Commutation of sentence of death
55. Commutation of sentence of imprisonment for life

55A. Definition of “appropriate Government”

56. (Repealed)
57. Fractions of terms of punishment
58. (Repealed)
59. (Repealed)
60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple
61. (Repealed)
62. (Repealed)
63. Amount of fine
64. Sentence of imprisonment for non-payment of fine

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

66. Description of imprisonment for non-payment of fine
67. Imprisonment for non-payment of fine, when offence punishable with fine only
68. Imprisonment to terminate on payment of fine
69. Termination of imprisonment on payment of proportional part of fine
70. Fine leviable within six years or during imprisonment. Death not to discharge property from liability
71. Limit of punishment of offence made-up of several offences
72. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which
73. Solitary confinement
74. Limit of solitary confinement
75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction

CHAPTER IV

GENERAL EXCEPTIONS

76. Act done by a person bound, or by mistake of fact believing himself bound, by law
77. Act of Judge when acting judicially
78. Act done pursuant to the judgment or order of Court
79. Act done by a person justified, or by mistake of fact believing himself justified by law
80. Accident in doing a lawful act
81. Act likely to cause harm, but done without criminal intent, and to prevent other harm
82. Act of a child under seven years of age
83. Act of a child above seven and under twelve of immature understanding
84. Act of a person of unsound mind
85. Act of a person incapable of judgment by reason of intoxication caused against his will
86. Offence requiring a particular intent or knowledge committed by one who is intoxicated
87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent
88. Act not intended to cause death, done by consent in good faith for person’s benefit
89. Act done in good faith for benefit of child or insane person, by or by consent of guardian
90. Consent known to be given under fear or misconception

Consent of insane person

Consent of child

91. Exclusion of acts which are offences independently of harm caused
92. Act done in good faith for benefit of a person without consent
93. Communication made in good faith
94. Act to which a person is compelled by threats
95. Act causing slight harm

Of the right of private defence

96. Things done in private defence
97. Right of private defence of the body and of property
98. Right of private defence against the act of a person of unsound mind, etc.
99. Acts against which there is no right of private defence

Extent to which the right may be exercised

100. When the right of private defence of the body extends to causing death
101. When such right extends to causing any harm other than death
102. Commencement and continuance of the right of private defence of the body
103. When the right of private defence of property extends to causing death
104. When such right extends to causing any harm other than death
105. Commencement and continuance of the right of private defence of property
106. Right of private defence against deadly assault when there is risk of harm to innocent person

CHAPTER V

OF ABETMENT

107. Abetment of a thing
108. Abettor

108A. Abetment in India of offences outside India

109. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment
110. Punishment of abetment if person abetted does act with different intention from that of abettor
111. Liability of abettor when one act abetted and different act done
112. Abettor when liable to cumulative punishment for act abetted and for act done
113. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor
114. Abettor present when offence is committed
115. Abetment of offence punishable with death or imprisonment for life—if offence not committed

if act causing harm be done in consequence

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

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

117. Abetting commission of offence by the public or by more than ten persons
118. Concealing design to commit offence punishable with death or imprisonment for life

if offence be committed — if offence be not committed

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

if offence be committed

if offence be punishable with death, etc.

if offence be not committed

120. Concealing design to commit offence punishable with imprisonment

if offence be committed — if offence be not committed

CHAPTER VA

CRIMINAL CONSPIRACY

120A. Definition of criminal conspiracy

120B. Punishment of criminal conspiracy

CHAPTER VI

OF OFFENCES AGAINST THE STATE

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

121A. Conspiracy to commit offences punishable by section 121

122. Collecting arms, etc., with intention of waging war against the Government of India
123. Concealing with intent to facilitate design to wage war
124. Assaulting President, Government, etc., with intent to compel or restrain the exercise of any lawful power

124A. Sedition

125. Waging war against any Asiatic Power in alliance with the Government of India
126. Committing depredation on territories of power at peace with the Government of India
127. Receiving property taken by war or depredation mentioned in sections 125 and 126
128. Public servant voluntarily allowing prisoner of State or war to escape
129. Public servant negligently suffering such prisoner to escape
130. Aiding escape of, rescuing or harbouring such prisoner

CHAPTER VII

OF OFFENCES RELATING TO THE ARMY,

NAVY AND AIR FORCE

131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty
132. Abetment of mutiny if mutiny is committed in consequence thereof
133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office
134. Abetment of such assault, if the assault is committed
135. Abetment of desertion of soldier, sailor or airman
136. Harbouring deserter
137. Deserter concealed on board merchant vessel through negligence of master
138. Abetment of act of insubordination by solider, sailor or airman

138A. (Repealed)

139. Persons subject to certain Acts
140. Wearing garb or carrying token used by soldier, sailor or airman

CHAPTER VIII

OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

141. Unlawful assembly
142. Being member of unlawful assembly
143. Punishment
144. Joining unlawful assembly armed with deadly weapon
145. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse
146. Rioting
147. Punishment for rioting
148. Rioting, armed with deadly weapon
149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
150. Hiring, or conniving at hiring, to persons to join unlawful assembly
151. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse
152. Assaulting or obstructing public servant when suppressing riot, etc.
153. Wantonly giving provocation with intent to cause riot

If rioting be committed

If not committed

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

Offence committed in place of worship, etc.

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

153B. Imputations, assertions prejudicial to national integration

154. Owner or occupier of land on which an unlawful assembly is held
155. Liability of person for whose benefit riot is committed
156. Liability of agent of owner or occupier for whose benefit riot is committed
157. Harbouring persons hired for an unlawful assembly
158. Being hired to take part in an unlawful assembly or riot

or to go armed

159. Affray
160. Punishment for committing affray

CHAPTER IX

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

161. Public servant taking gratification other than legal remuneration in respect of an official act (Omitted)
162. Taking gratification, in order, by corrupt or illegal means, to influence public servant (Omitted)
163. Taking gratification, for exercise of personal influence with public servant (Omitted)
164. Punishment for abetment by public servant of offences defined in section 162 or 163 (Omitted)
165. Public servant obtaining valuable thing, without consideration, from person concerned in proceeding or business transacted by such public servant (Omitted)

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

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

166A.Public servant disobeying direction under law

166B. Punishment for non-treatment of victim

167. Public servant framing an incorrect document with intent to cause injury
168. Public servant unlawfully engaging in trade
169. Public servant unlawfully buying or bidding for property
170. Personating a public servant
171. Wearing garb or carrying token used by public servant with fraudulent intent

CHAPTER IXA

OF OFFENCES RELATING TO ELECTIONS

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

171B. Bribery

171C. Undue influence at elections

171D. Personation at elections

171E. Punishment for bribery

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

171G. False statement in connection with an election

171H. Illegal payments in connection with an election

171-I. Failure to keep election accounts

CHAPTER X

OF CONTEMPTS OF THE LAWFUL AUTHORITY OF

PUBLIC SERVANTS

172. Absconding to avoid service of summons or other proceeding
173. Preventing service of summons or other proceeding or preventing publication thereof
174. Non-attendance in obedience to an order from public servant

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

175. Omission to produce document to public servant by person legally bound to produce it
176. Omission to give notice or information to public servant by person legally bound to give it
177. Furnishing false information
178. Refusing oath or affirmation when duly required by public servant to make it
179. Refusing to answer public servant authorized to question
180. Refusing to sign statement
181. False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation
182. False information, with intent to cause public servant to use his lawful power to the injury of another person
183. Resistance to the taking of property by the lawful authority of a public servant
184. Obstructing sale of property offered for sale by authority of public servant
185. Illegal purchase or bid for property offered for sale by authority of public servant
186. Obstructing public servant in discharge of public functions
187. Omission to assist public servant when bound by law to give assistance
188. Disobedience to order duly promulgated by public servant
189. Threat of injury to public servant
190. Threat of injury to induce person to refrain from applying for protection to public servant

CHAPTER XI

OF FALSE EVIDENCE AND OFFENCES AGAINST

PUBLIC JUSTICE

191. Giving false evidence
192. Fabricating false evidence
193. Punishment for false evidence
194. Giving or fabricating false evidence with intent to procure conviction of capital offence

if innocent person be thereby convicted and executed

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

195A. Threatening any person to give false evidence

196. Using evidence known to be false
197. Issuing or signing false certificate
198. Using as true a certificate known to be false
199. False statement made in declaration which is by law receivable as evidence
200. Using as true such declaration knowing it to be false
201. Causing disappearance of evidence of offence, or giving false information to screen offender

if a capital offence

if punishable with imprisonment for life

if punishable with less than ten years imprisonment

202. Intentional omission to give information of offence by person bound to inform
203. Giving false information respecting an offence committed
204. Destruction of document or electronic record to prevent its production as evidence
205. False personation for purpose of act or proceeding in suit or prosecution
206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
207. Fraudulent claim to property to prevent its seizure as forfeited or in execution
208. Fraudulently suffering decree for sum not due
209. Dishonestly making false claim in Court
210. Fraudulently obtaining decree for sum not due
211. False charge of offence made with intent to injure
212. Harbouring offender

if a capital offence

if punishable with imprisonment for life, or with imprisonment

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

if a capital offence

if punishable with imprisonment for life, or with imprisonment

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

if a capital offence

if punishable with imprisonment for life, or with imprisonment

215. Taking gift to help to recover stolen property, etc.
216. Harbouring offender who has escaped from custody or whose apprehension has been ordered

if a capital offence

if punishable with imprisonment for life, or with imprisonment

216A. Penalty for harbouring robbers or dacoits

216B. (Repealed)

217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
219. Public servant in judicial proceeding corruptly making report, etc., contrary to law
220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
221. Intentional omission to apprehend on the part of public servant bound to apprehend
222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed
223. Escape from confinement or custody negligently suffered by public servant
224. Resistance or obstruction by a person to his lawful apprehension
225. Resistance or obstruction to lawful apprehension of another person

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

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

226. (Repealed)
227. Violation of condition of remission of punishment
228. Intentional insult or interruption to public servant sitting in judicial proceeding

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

229. Personation of a juror or assessor

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

230. “Coin” defined

Indian coin

231. Counterfeiting coin
232. Counterfeiting Indian coin
233. Making or selling instrument for counterfeiting coin
234. Making or selling instrument for counterfeiting Indian coin
235. Possession of instrument or material for the purpose of using the same for counterfeiting coin

if Indian coin

236. Abetting in India the counterfeiting out of India of coin
237. Import or export of counterfeit coin
238. Import or export of counterfeits of the Indian coin
239. Delivery of coin, possessed with knowledge that it is counterfeit
240. Delivery of Indian coin, possessed with knowledge that it is counterfeit
241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit
242. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof
243. Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof
244. Person employed in mint causing coin to be of different weight or composition from that fixed by law
245. Unlawfully taking coining instrument from mint
246. Fraudulently or dishonestly diminishing weight or altering composition of coin