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The Indian Penal Code Act, 1860 |
ACT NO.45 OF 1860
[AS ON 1956]
[6th October, 1860.]
CHAPTER I
INTRODUCTION
Preamble.- WHEREAS it is expedient to provide a general Penal Code for {Subs.by Act 3
of 1951 for “the whole of India except Part B States”} [India];
It is enacted as follows:_
1.Title and extent of operation of the Code.- This Act shall be called the Indian
Penal Code, and shall {Subs.by the A.O.1948 for “take effect * * * throughout British
India”.”The words and figures “on and from the first day of May, 1861” occurring
between the words “effect” and “throughout” were rep.by Act 12 of 1891} [extend to
the whole of India {Subs.by Act 3 of 1951 for “except Part B States”} [except the
State of Jammu and Kashmir]].
2.Punishment of offences committed within India.- Every person shall be liable to
punishment under this Code and not otherwise for every act or omission contrary to
the provisions thereof, of which he shall be guilty within {Subs., ibid., for “the
States”} [India] {The words and figures “on or after the said first day of May, 1861”
omitted by Act 12 of 1891}.
3.Punishment of offences committed beyond, but which by law may be tried within,
India.- Any person liable, by any {Subs.by the A.O.1937 for “law passed by the
Governor-General of India in Council”} [Indian law], to be tried for an offence
committed beyond { Subs., ibid., for “the States”} [India] shall be dealt with
according to the provisions of this Code for any act committed beyond {Subs., ibid.,
for “the States”} [India] in the same manner as if such act had been committed within
{Subs., ibid., for “the States”} [India].
{Subs.by Act 4 of 1898, s.2, for the original s.4.} [4.Extension of Code to extra-
territorial offences.- The provisions of this Code apply also to any offence
committed by_
{Subs.by the A.O.1950 for the original clauses (1) to (4).} [(1) any
citizen of India in any place without and beyond India;
(2) any person on any ship or aircraft registered in India wherever it may be.]
Explanation._In this section the word “offence” includes every act committed outside
{Subs., ibid., for “the States”} [India] which, if committed in {Subs., ibid., for
“the States”} [India], would be punishable under this Code.
(a) A, {Subs.by the A.O.1948 for “a coolie, who is a Native Indian subject”} [who is
{Subs.by the A.O.1950 for “a British subject of Indian domicile”} [a citizen of
India] ], commits a murder in Uganda.He can be tried and convicted of murder in any
place in {Subs.by Act 3 of 1951 for “the States”} [India] in which he may be found.
{Illustrations (b), (c) and (d) were rep.by the A.O.1950.}]
{Subs.by the A.O.1950 for the former s.5.} [5.Certain laws not to be affected by this
Act.- Nothing in this Act shall affect the provisions of any Act for punishing mutiny
and desertion of officers, soldiers, sailors or airmen in the service of the
Government of India or the provision of any special or local law.]
CHAPTER II
GENERAL EXPLANATIONS
6.Definitions in the Code to be understood subject to exceptions.- Throughout this Code every definition of an offence, every penal provision and every illustration of
every such definition or penal provision, shall be understood subject to the
exceptions contained in the Chapter entitled “General Exceptions”, though those
exceptions are not repeated in such definition, penal provision or illustration.
Illustrations
(a) The sections, in this Code, which contain definitions of offences.do not express
that a child under seven years of age cannot commit such offences; but the
definitions are to be understood subject to the general exception which provides that
nothing shall be an offence which is done by a child under seven years of age.
(b) A, a police-officer, without warrant, apprehends Z who has committed murder.Here
A is not guilty of the offence of wrongful confinement; for he was bound by law to
apprehend Z, and therefore the case falls within the general exception which provides
that “nothing is an offence which is done by a person who is bound by law to do it”.
7.Sense of expression once explained.- Every expression which is explained in any
part of this Code, is used in every part of this Code in conformity with the
explanation.
8.Gender.- The pronoun “he” and its derivatives are used of any person, whether male
or female.
9.Number.- Unless the contrary appears from the context, words importing the singular
number include the plural number, and words importing the plural number include the
singular number.
10.Man.Woman.- The word “man” denotes a male human being of any age: the word “woman”
denotes a female human being of any age.
11.Person.- The word “person” includes any Company or Association, or body of
persons, whether incorporated or not.
12.Public.- The word “public” includes any class of the public or any community.
13.[“Queen”.] Rep.by the A.O.1950.
{Subs.by the A.O.1950 for the former s.14.} [14.Servant of Government.- The words
“servant of Government” denote any officer or servant continued, appointed or
employed in India by or under the authority of Government.]
15.[Definition of “British India”.] Rep.by the A.O.1937.
16.[Definition of “Government of India”.] Rep., ibid.
{Subs., ibid., for the original s.17.} [17.Government.- The word “Government” denotes
the Central Government or the Government of a {The words “Part A” were omitted by Act
3 of 1951} State.]
{Subs.by Act 3 of 1951 for the former s.18.} [18.India.- “India” means the territory
of India excluding the State of Jammu and Kashmir.]
19.Judge.- The word “Judge” denotes not only every person who is officially
designated as a Judge, but also every person
who is empowered by law to give, in any legal proceeding, civil or criminal, a
definitive judgment, or a judgment which, if not appealed against, would be
definitive, or a judgment which, if confirmed by some other authority, would be
definitive, or
who is one of a body of persons, which body of persons is empowered by law to give
such a judgment.
Illustrations
(a) A collector exercising jurisdiction in a suit under Act 10 of 1859 is a Judge.
(b) A Magistrate exercising jurisdiction in respect of a charge on which he has power
to sentence to fine or imprisonment with or without appeal, is a Judge.
(c) A member of a panchayat which has power, under {Rep.by the Madras Civil Courts
Act, 1873 (3 of 1873)} Regulation VII, 1816, of the Madras Code, to try and determine
suits, is a Judge.
(d) A Magistrate exercising jurisdiction in respect of a charge on which he has power
only to commit for trial to another Court, is not a Judge.
20.Court of Justice.- The words “Court of Justice” denote a Judge who is empowered by
law to act judicially alone, or a body of Judges which is empowered by law to act
judicially as a body, when such Judge or body of Judges is acting judicially.
Illustration
A panchayat acting under {Rep.by the Madras Civil Courts Act, 1873 (3 of 1873)}
Regulation VII, 1816, of the Madras Code, having power to try and determine suits, is
a Court of Justice.
21.Public servant.- The words “public servant” denote a person falling under any of
the descriptions hereinafter following namely:_
{Clause First was rep.by the A.O.1950.}
Second._Every Commissioned Officer in the Military, {Subs.by Act 10 of 1927, s.2 and
Sch.I, for “or Naval”} [Naval or Air] Forces {Subs.by the A.O.1948 for “of the Queen
while serving under any Government in British India or the Crown Representative”}
[{The words “of the Dominion” were omitted by the A.O.1950} of India];
Third._Every Judge;
Fourth._Every officer of a Court of Justice whose duty it is, as such officer, to
investigate or report on any matter of law or fact, or to make, authenticate, or keep
any document, or to take charge or dispose of any property, or to execute any
judicial process, or to administer any oath, or to interpret, or to preserve order in
the Court, and every person specially authorized by a Court of Justice to perform any
of such duties;
Fifth._Every juryman, assessor, or member of a panchayat assisting a Court of Justice
or public servant;
Sixth._Every arbitrator or other person to whom any cause or matter has been referred
for decision or report by any Court of Justice, or by any other competent public
authority;
Seventh._Every person who holds any office by virtue of which he is empowered to
place or keep any person in confinement;
Eighth._Every officer of {Subs.by the A.O.1950 for “the Crown”} [the Government]
whose duty it is, as such officer, to prevent offences, to give information of
offences, to bring offenders to justice, or to protect the public health, safety or
convenience;
Ninth_Every officer whose duty it is, as such officer, to take, receive, keep or
expend any property on behalf of {Subs.by the A.O.1950 for “the Crown”} [the
Government], or to make any survey, assessment or contract on behalf of {Subs.by the
A.O.1950 for “the Crown”} [the Government], or to execute any revenue-process, or to
investigate, or to report, on any matter affecting the pecuniary interests of
{Subs.by the A.O.1950 for “the Crown”} [the Government], or to make, authenticate or
keep any document relating to the pecuniary interests of {Subs.by the A.O.1950 for
“the Crown”} [the Government], or to prevent the infraction of any law for the
protection of the pecuniary interests of {Subs.by the A.O.1950 for “the Crown”} [the
Government] and every officer in the service or pay of {Subs.by the A.O.1950 for “the Crown”} [the Government] or remunerated by fees or commission for the performance of
any public duty;
Tenth._Every officer whose duty it is, as such officer, to take, receive, keep or
expend any property, to make any survey or assessment or to levy any rate or tax for
any secular common purpose of any village, town or district, or to make, authenticate
or keep any document for the ascertaining of the rights of the people of any village,
town or district;
{Ins.by Act 39 of 1920, s.2.} [Eleventh._Every person who holds any office in virtue
of which he is empowered to prepare, publish, maintain or revise an electoral roll or
to conduct an election or part of an election.]
Illustration
A Municipal Commissioner is a public servant.
Explanation 1._Persons falling under any of the above descriptions are public
servants, whether appointed by the Government or not.
Explanation 2._Wherever the words “public servant” occur, they shall be understood of
every person who is in actual possession of the situation of a public servant,
whatever legal defect there may be in his right to hold that situation.
{Ins.by Act 39 of 1920, s.2.} [Explanation 3._The word “election” denotes an election
for the purpose of selecting members of any legislative, municipal or other public
authority, of whatever character, the method of selection to which is by, or under,
any law prescribed as by election.]
22.Movable property.- The words “movable property” are intended to include corporeal
property of every description, except land and things attached to the earth or
permanently fastened to anything which is attached to the earth.
23.Wrongful gain.- “Wrongful gain” is gain by unlawful means of property to which the
person gaining is not legally entitled.
“Wrongful loss.- “Wrongful loss” is the loss by unlawful means of property to which
the person losing it is legally entitled.
Gaining wrongfully.- A person is said to gain wrongfully when such person retains
wrongfully, as well as when such person acquires wrongfully.A person is said to lose
wrongfully when such person is wrongfully kept out of any property, as well as when
such person is wrongfully deprived of property.
24.Dishonestly.- Whoever does anything with the intention of causing wrongful gain to
one person or wrongful loss to another person, is said to do that thing
“dishonestly”.
25.Fraudulently.- A person is said to do a thing fraudulently if he does that thing
with intent to defraud but not otherwise.
26.Reason to believe.- A person is said to have “reason to believe” a thing if he has
sufficient cause to believe that thing but not otherwise.
27.Property in possession of wife, clerk or servant.- When property is in the
possession of a person’s wife, clerk or servant, on account of that person, it is in
that person’s possession within the meaning of this Code.
Explanation._A person employed temporarily or on a particular occasion in the
capacity of a clerk, or servant, is a clerk or servant, within the meaning of this
section.
28.Counterfeit.- A person is said to “counterfeit” who causes one thing to resemble
another thing, intending by means of that resemblance to practice deception, or
knowing it to be likely that deception will thereby be practised.
{Subs.by Act 1 of 1889, s.9, for the original Explanations.} [Explanation 1._It is
not essential to counterfeiting that the imitation should be exact.
Explanation 2._When a person causes one thing to resemble another thing, and the
resemblance is such that a person might be deceived thereby, it shall be presumed,
until the contrary is proved, that the person so causing the one thing to resemble
the other thing intended by means of that resemblance to practise deception or knew
it to be likely that deception would thereby be practised.]
29.Document.- The word “document” denotes any matter expressed or described upon any
substance by means of letters, figures or marks, or by more than one of those means,
intended to be used, or which may be used, as evidence of that matter.
Explanation 1._It is immaterial by what means or upon what substance the letters,
figures or marks are formed, or whether the evidence is intended for, or may be used
in, a Court of Justice, or not.
Illustrations
A writing expressing the terms of a contract, which may be used as evidence of the
contract, is a document.
A cheque upon a banker is a document.
A power-of-attorney is a document.
A map or plan which is intended to be used or which may be used as evidence, is a
document.
A writing containing directions or instructions is a document.
Explanation 2._Whatever is expressed by means of letters, figures or marks as
explained by mercantile or other usage, shall be deemed to be expressed by such
letters, figures or marks within the meaning of this section, although the same may
not be actually expressed.
Illustration
A writes his name on the back of a bill of exchange payable to his order.The meaning
of the endorsement, as explained by mercantile usage, is that the bill is to be paid
to the holder.The endorsement is a document, and must be construed in the same manner
as if the words “pay to the holder” or words to that effect had been written over the
signature.
30.Valuable security.- The words “valuable security” denote a document which is, or
purports to be, a document whereby any legal right is created, extended, transferred,
restricted, extinguished or released, or whereby any person acknowledges that he lies
under legal liability, or has not a certain legal right.
Illustration
A writes his name on the back of a bill of exchange.As the effect of this endorsement
is to transfer the right to the bill to any person who may become the lawful holder
of it, the endorsement is a “valuable security”.
31.A will.- The words “a will” denote any testamentary document.
32.Words referring to acts include illegal omissions.- In every part of this Code,
except where a contrary intention appears from the context, words which refer to acts
done extend also to illegal omissions.
33.Act.Omission.- The word “act” denotes as well a series of acts as a single act:
the word “omission” denotes as well a series of omissions as a single omission.
{Subs.by Act 27 of 1870, s.1, for the original section.} [34.Acts done by several
persons in furtherance of common intention.- When a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is
liable for that act in the same manner as if it were done by him alone.]
35.When such an act is criminal by reason of its being done with a criminal knowledge
or intention.- Whenever an act, which is criminal only by reason of its being done
with a criminal knowledge or intention, is done by several persons, each of such
persons who joins in the act with such knowledge or intention is liable for the act
in the same manner as if the act were done by him alone with that knowledge or
intention.
36.Effect caused partly by act and partly by omission.- Wherever the causing of a
certain effect, or an attempt to cause that effect, by an act or by an omission, is
an offence, it is to be understood that the causing of that effect partly by an act
and partly by an omission is the same offence.
Illustration
A intentionally causes Z’s death, partly by illegally omitting to give Z food, and
partly by beating Z.A has committed murder.
37.Co-operation by doing one of several acts constituting an offence.- When an
offence is committed by means of several acts, whoever intentionally co-operates in
the commission of that offence by doing any one of those acts, either singly or
jointly with any other person, commits that offence.Illustrations
(a) A and B agree to murder Z by severally and at different times giving him small
doses of poison.A and B administer the poison according to the agreement with intent
to murder Z.Z dies from the effects of the several doses of poison so administered to
him.Here A and B intentionally co-operate commission of murder and as each of them
does an act by which the death is caused, they are both guilty of the offence though
their acts are separate.
(b) A and B are joint jailors, and as such, have the charge of Z, a prisoner
alternatively for six hours at a time.A and B, intending to cause Z’s death knowingly
co-operate in causing that effect by illegally omitting, each during the time of his
attendance, to furnish Z with food supplied to them for that purpose.Z dies of
hunger.Both A and B are guilty of the murder of Z.
(c) A, a jailor, has the charge of Z, a prisoner.A intending to cause Z’s death,
illegally omits to supply Z with food; in consequence of which Z is much reduced in
strength, but the starvation is not sufficient to cause his death.A is dismissed from
his office, and B succeeds him.B, without collusion or co-operation with A, illegally
omits to supply Z with food, knowing that he is likely thereby cause Z’s death.Z dies
of hunger.B is guilty of murder, but, as A did not co-operate with B, A is guilty
only of an attempt to commit murder.
38.Persons concerned in criminal act may be guilty of different offences.- Where
several persons are engaged or concerned in the commission of a criminal act, they
may be guilty of different offences by means of that act.
Illustration
A attacks Z under such circumstances of grave provocation that his killing of Z would
be only culpable homicide not amounting to murder.B having ill-will towards Z and
intending to kill him, and not having been subject to the provocation, assists A in
killing Z.Here though A and B are both engaged in causing Z’s death, B is guilty of
murder, and A is guilty only of culpable homicide.
39.Voluntarily.- A person is said to cause an effect “voluntarily” when he causes it
by means whereby he intended to cause it, or by means which, at the time of employing
those means, he knew or had reason to believe to be likely to cause it.
Illustration
A sets fire, by night, to an inhabited house in a large town, for the purpose of
facilitating robbery and thus causes the death of a person.Here, A may not have
intended to cause death, and may even be sorry that death has been caused by his act:
yet, if he knew that he was likely to cause death, he has caused death voluntarily.
{Subs.by Act 27 of 1870, s.2, for the original s.40.} [40.Offence.- Except in the
{Subs.by Act 8 of 1930, s.2 and Sch.I, for “chapter”} [Chapters] and sections
mentioned in clauses 2 and 3 of this section, the word “offence” denotes a thing made
punishable by this Code.
In Chapter IV, {Ins.by Act 8 of 1913, s.2} [Chapter VA] and in the following
sections, namely sections {Ins.by Act 8 of 1882, s.1} [64, 65, 66, {Ins.by Act 10 of
1886, s.21 (1)} [67], 71], 109, 110, 112, 114, 115, 116, 117, 187, 194, 195, 203,
211, 213, 214, 221, 222, 223, 224, 225, 327, 328, 329, 330, 331, 347, 348, 388, 389
and 445, the word “offence” denotes a thing punishable under this Code, or under any
special or local law as hereinafter defined.
And in sections 141, 176, 177, 201, 202, 212, 216 and 441, the word “offence” has the
same meaning when the thing punishable under the special or local law is punishable
under such law with imprisonment for a term of six months or upwards, whether with or
without fine.]
41.Special law.- A “special law” is a law applicable to a particular subject.
42.Local law.- A “local law” is a law applicable only to a particular part of
{Subs.by the A.O.1948 for “British India”}[ {The words “the territories comprised in”
were rep.by Act 48 of 1952, s.3 and Sch II }{Subs.by Act 3 of 1951 for “the States”}
[India]].
43.Illegal.- The word “illegal” is applicable to everything which is an offence or
which is prohibited by law, or which furnishes ground for a civil action: and a
person is said to be “legally bound to do” whatever it is illegal in him to omit.
44.Injury.- The word “injury” denotes any harm whatever illegally caused to any
person, in body, mind, reputation or property.
45.Life.- The word “life” denotes the life of a human being, unless the contrary
appears from the context.
46.Death.- The word “death” denotes the death of a human being unless the contrary
appears from the context.
47.Animal.- The word “animal” denotes any living creature, other than a human being.
48.Vessel.- The word “vessel” denotes anything made for the conveyance by water of
human beings or of property.
49.Year.Month.- Wherever the word “year” or the word “month” is used, it is to be
understood that the year or the month is to be reckoned according to the British
calendar.
50.Section.The word “section” denotes one of those portions of a Chapter of this Code
which are distinguished by prefixed numeral figures.
51.Oath.- The word “oath” includes a solemn affirmation substituted by law for an
oath, and any declaration required or authorized by law to be made before a public
servant or to be used for the purpose of proof, whether in a Court of Justice or not.
52.Good faith.- Nothing is said to be done or believed in “good faith” which is done
or believed without due care and attention.
– {Ins by Act 8 of 1942, s.2.} [52A.Harbour.- Except in section 157, and in section
130 in the case in which the harbour is given by the wife or husband of the person
harboured, the word “harbour” includes the supplying a person with shelter, food,
drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a
person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension.]
CHAPTER III
OF PUNISHMENTS
53.Punishments.- The punishment to which offenders are liable under the provisions of
this Code are,_
First._Death;
{Subs.by Act 26 of 1955, s.117 and Sch., for “Secondly.-Transportation”.}
[Secondly._Imprisonment for life;]
{Clause Thirdly was rep.by Act 17 of 1949 (with effect from 6-4-1949).}
Fourthly._Imprisonment, which is of two descriptions, namely:_
(1) Rigorous, that is with hard labour;
(2) Simple;
Fifthly._Forfeiture of property;
Sixthly._Fine.
– {Ins by Act 26 of 1955, s.117 and Sch.} [53A.Construction of reference to
transportation.- (1) Subject to the provisions of sub-section (2) and sub-section
(3), any reference to “transportation for life” in any other law for the time being
in force or in any instrument or order having effect by virtue of any such law or of
any enactment repealed shall be construed as a reference to “imprisonment for life”.
(2) In every case in which a sentence of transportation for a term has been passed
before the commencement of the Code of Criminal Procedure (Amendment) Act, 1955 (26
of 1955), the offender shall be dealt with in the same manner as if sentenced to
rigorous imprisonment for the same term.
(3) Any reference to transportation for a term or to transportation for any shorter
term (by whatever name called) in any other law for the time being in force shall be
deemed to have been omitted.
(4) Any reference to “transportation” in any other law for the time being in force
shall,_
(a) if the expression means transportation for life, be construed as a
reference to imprisonment for life;
(b) if the expression means transportation for any shorter term, be deemed
to have been omitted.]
54.Commutation of sentence of death.- In every case in which sentence of death shall
have been passed {Subs.by the A.O.1950 for “the Central Government or the Provincial
Government of the Province within which the offender shall have been sentenced”} [the
appropriate Government] may, without the consent of the offender, commute the
punishment for any other punishment provided by this Code.
55.Commutation of sentence of imprisonment for life.- In every case in which sentence
of {Subs.by Act 26 of 1955, s.117 and Sch.} [imprisonment] for life shall have been
passed, {Subs.by the A.O.1950 for “the Provincial Government of the Province within
which the offender shall have been sentenced”} [the appropriate Government] may,
without the consent of the offender, commute the punishment for imprisonment of
either description for a term not exceeding fourteen years.
-{Subs., ibid., for s.55A which had been ins.by the A.O.1937.} [55A.Definition of
appropriate Government.- In sections fifty-four and fifty-five the expression
“appropriate Government” means,_
(a) in cases where the sentence is a sentence of death or is for an offence
against any law relating to a matter to which the executive power of
the Union extends, the Central Government; and
(b) in cases where the sentence (whether of death or not) is for an offence
against any law relating to a matter to which the executive power of
the State extends, the Government of the State within which the
offender is sentenced.]
56.[Sentence of Europeans and Americans to penal servitude.Proviso as to sentence for
term exceeding ten years but not for life.] Rep.by the Criminal Law (Removal of
Racial Discriminations) Act, 1949 (17 of 1949) (with effect from 6-4-1949).
57.Fractions of terms of punishment.- In calculating fractions of terms of
punishment, {Subs.by Act 26 of 1955, s.117 and Sch.} [imprisonment] for life shall be
reckoned as equivalent to {Subs.by Act 26 of 1955, s.117 and Sch.} [imprisonment] for
twenty years.
58.[Offenders sentenced to transportation how dealt with until transported.] Rep.By
the Code of Criminal Procedure (Amendment) Act, 1955 (26 of 1955), s.117 and Sch.
59.[Transportation instead of imprisonment.] Rep., ibid.
60.Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or
simple.- In every case in which an offender is punishable with imprisonment which may
be of either description, it shall be competent to the Court which sentences such
offender to direct in the sentence that such imprisonment shall be wholly rigorous,
or that such imprisonment shall be wholly simple or that any part of such
imprisonment shall be rigorous and the rest simple.
61.[Sentence of forfeiture of property.] Rep.by the Indian Penal Code (Amendment)
Act, 1921 (16 of 1921), s.4.
62.[Forfeiture of property, in respect of offenders punishable with death,
transportation or imprisonment.] Rep., ibid.
63.Amount of fine.- Where no sum is expressed to which a fine may extend, the amount
of fine to which the offender is liable is unlimited, but shall not be excessive.
64.Sentence of imprisonment for non-payment of fine.- {Subs.by Act 8 of 1882, s.2,
for “in every case in which an offender is sentenced to a fine”.} [In every case of
an offence punishable with imprisonment as well as fine, in which the offender is
sentenced to a fine, whether with or without imprisonment,]
and in every case of an offence punishable {Ins.by Act 10 of 1886, s.21 (2)} [with
imprisonment or fine, or] with fine only, in which the offender is sentenced to a
fine,]
it shall be competent to the Court which sentences such offender to direct by the
sentence that, in default of payment of the fine, the offender shall suffer
imprisonment for a certain term, which imprisonment shall be in excess of any other
imprisonment to which he may have been sentenced or to which he may be liable under a
commutation of a sentence.
65.Limit to imprisonment for non-payment of fine, when imprisonment and fine
awardable.- The term for which the Court directs the offender to be imprisoned in
default of payment of a fine shall not exceed one-fourth of the term of imprisonment
which is the maximum fixed for the offence, if the offence be punishable with
imprisonment as well as fine.
66.Description of imprisonment for non-payment of fine.- The imprisonment which the
Court imposes in default of payment of a fine may be of any description to which the
offender might have been sentenced for the offence.
67.Imprisonment for non-payment of fine, when offence punishable with fine only.- If the offence be punishable with fine only, {Ins.by Act 8 of 1882, s.3} [the
imprisonment which the Court imposes in default of payment of the fine shall be
simple, and] the term for which the Court directs the offender to be imprisoned, in
default of payment of fine, shall not exceed the following scale, that is to say, for
any term not exceeding two months when the amount of the fine shall not exceed fifty
rupees, and for any term not exceeding four months when the amount shall not exceed
one hundred rupees, and for any term not exceeding six months in any other case.
68.Imprisonment to terminate on payment of fine.- The imprisonment which is imposed
in default of payment of a fine shall terminate whenever that fine is either paid or
levied by process of law.
69.Termination of imprisonment on payment of proportional part of fine.- If, before
the expiration of the term of imprisonment fixed in default of payment, such a
proportion of the fine be paid or levied that the term of imprisonment suffered in
default of payment is not less than proportional to the part of the fine still
unpaid, the imprisonment shall terminate.
Illustration
A is sentenced to a fine of one hundred rupees and to four months’ imprisonment in
default of payment.Here, if seventy-five rupees of the fine be paid or levied before
the expiration of one month of the imprisonment, A will be discharged as soon as the
first month has expired.If seventy-five rupees be paid or levied at the time of the
expiration of the first month, or at any later time while A continues in
imprisonment, A will be immediately discharged.If fifty rupees of the fine be paid or
levied before the expiration of two months of the imprisonment, A will be discharged
as soon as the two months are completed.If fifty rupees be paid or levied at the time
of the expiration of those two months, or at any later time while A continues in
imprisonment, A will be immediately discharged.
70.Fine leviable within six years, or during imprisonment.- The fine, or any part
thereof which remains unpaid, may be levied at any time within six years after the
passing of the sentence, and if, under the sentence, the offender be liable to
imprisonment for a longer period than six years, then at any time previous to the
expiration of that period; and the death of the offender does not discharge from the
liability any property which would, after his death, be legally liable for his debts.
71.Limit of punishment of offence made up of several offences.- Where anything which
is an offence is made up of parts, any of which parts is itself an offence, the
offender shall not be punished with the punishment of more than one of such his
offences, unless it be so expressly provided.
{Ins.by Act 8 of 1882, s.4.}[Where anything is an offence falling within two or more
separate definitions of any law in force for the time being by which offences are
defined or punished, or
where several acts, of which one or more than one would by itself or themselves
constitute an offence, constitute, when combined, a different offence,
the offender shall not be punished with a more severe punishment than the Court which
tries him could award for any one of such offences.]
Illustrations
(a) A gives Z fifty strokes with a stick.Here A may have committed the offence of
voluntarily causing hurt to Z by the whole beating, and also by each of the blows
which make up the whole beating.If A were liable to punishment for every blow, he
might be imprisoned for fifty years, one for each blow.But he is liable only to one
punishment for the whole beating.
(b) But, if, while A is beating Z, Y interferes, and A intentionally strikes Y, here,
as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z,
A is liable to one punishment for voluntarily causing hurt to Z, and to another for
the blow given to Y.
72.Punishment of person guilty of one of several offences, the judgment stating that
it is doubtful of which.- In all cases in which judgment is given that a person is
guilty of one of several offences specified in the judgment, but that it is doubtful
of which of these offences he is guilty, the offender shall be punished for the
offence for which the lowest punishment is provided if the same punishment is not
provided for all.
73.Solitary confinement.- Whenever any person is convicted of an offence for which
under this Code the Court has power to sentence him to rigorous imprisonment, the
Court may, by its sentence, order that the offender shall be kept in solitary
confinement for any portion or portions of the imprisonment to which he is sentenced,
not exceeding three months in the whole, according to the following scale, that is to
say_
a time not exceeding one month if the term of imprisonment shall not exceed six
months:
a time not exceeding two months if the term of imprisonment shall exceed six months
and {Subs.by Act 8 of 1882, s.5, for “be less than a”} [shall not exceed one] year:
a time not exceeding three months if the term of imprisonment shall exceed one year.
74.Limit of solitary confinement.- In executing a sentence of solitary confinement,
such confinement shall in no case exceed fourteen days at a time, with intervals
between the periods of solitary confinement of not less duration than such periods,
and when the imprisonment awarded shall exceed three months, the solitary confinement
shall not exceed seven days in any one month of the whole imprisonment awarded, with
intervals between the periods of solitary confinement of not less duration than such
periods.
{Subs.by Act 3 of 1910 for the original section.}[75.Enhanced punishment for certain
offences under Chapter XII or Chapter XVII after previous conviction.- Whoever,
having been convicted,_
(a) by a Court in {Subs.by Act 3 of 1951 for the “States”} [India], of an
offence punishable under Chapter XII or Chapter XVII of this Code with
imprisonment of either description for a term of three years or
upwards, {The word “or” at the end of cl.(a) and cl.(b) were omitted,
ibid.}
{The word “or” at the end of cl.(a) and cl.(b) were omitted, ibid.}
shall be guilty of any offence punishable under either of those Chapters with like
imprisonment for the like term, shall be subject for every such subsequent offence to
{Subs.by Act 26 of 1955 s.117 and Sch., for “transportation for life”} [imprisonment
for life] or to imprisonment of either description for a term which may extend to ten
years.]
CHAPTER IV
GENERAL EXCEPTIONS
76.Act done by a person bound, or by mistake of fact believing himself bound, by
law.- Nothing is an offence which is done by a person who is, or who by reason of a
mistake of fact and not by reason of a mistake of law in good faith believes himself
to be, bound by law to do it.
Illustrations
(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity
with the commands of the law.A has committed no offence.
(b) A, an officer of a Court of Justice, being ordered by that Court to arrest Y,
and, after due enquiry, believing Z to be Y, arrests Z.A has committed no offence.
77.Act of Judge when acting judicially.- Nothing is an offence which is done by a
Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law.
78.Act done pursuant to the judgment or order of Court.- Nothing which is done in
pursuance of, or which is warranted by the judgment or order of, a Court of Justice,
if done whilst such judgment or order remains in force, is an offence,
notwithstanding the Court may have had no jurisdiction to pass such judgment or
order, provided the person doing the act in good faith believes that the Court had
such jurisdiction.
79.Act done by a person justified, or by mistake of fact believing himself justified
by law.- Nothing is an offence which is done by any person who is justified by law,
or who by reason of a mistake of fact and not by reason of a mistake of law in good
faith, believes himself to be justified by law, in doing it.
Illustration
A sees Z commit what appears to A to be a murder.A, in the exercise, to the best of
his judgment exerted in good faith, of the power which the law gives to all persons
of apprehending murderers in the fact, seizes Z, in order to bring Z before the
proper authorities.A has committed no offence, though it may turn out that Z was
acting in self-defence.
80.Accident in doing a lawful act.- Nothing is an offence which is done by accident
or misfortune, and without any criminal intention or knowledge in the doing of a
lawful act in a lawful manner by lawful means and with proper care and caution.
Illustration
A is at work with a hatchet; the head flies off and kills a man who is standing
by.Here, if there was no want of proper caution on the part of A, his act is
excusable and not an offence.
81.Act likely to cause harm, but done without criminal intent, and to prevent other
harm.- Nothing is an offence merely by reason of its being done with the knowledge
that it is likely to cause harm, if it be done without any criminal intention to
cause harm, and in good faith for the purpose of preventing or avoiding other harm to
person or property.
Explanation._It is a question of fact in such a case whether the harm to be prevented
or avoided was of such a nature and so imminent as to justify or excuse the risk of
doing the act with the knowledge that it was likely to cause harm.
Illustrations
(a) A, the captain of a steam vessel, suddenly and without any fault or negligence on
his part, finds himself in such a position that, before he can stop his vessel, he
must inevitably run down a boat B, with twenty or thirty passengers on board, unless
he changes the course of his vessel, and that, by changing his course, he must incur
risk of running down a boat C with only two passengers on board, which he may
possibly clear.Here, if A alters his course without any intention to run down the
boat C and in good faith for the purpose of avoiding the danger to the passengers in
the boat B, he is not guilty of an offence, though he may run down the boat C by
doing an act which he knew was likely to cause that effect, if it be found as a
matter of fact that the danger which he intended to avoid was such as to excuse him
in incurring the risk of running down C.
(b) A, in a great fire, pulls down houses in order to prevent the conflagration from
spreading.He does this with the intention in good faith of saving human life or
property.Here, if it be found that the harm to be prevented was of such a nature and
so imminent as to excuse A’s act, A is not guilty of the offence.
82.Act of a child under seven years of age.- Nothing is an offence which is done by
a child under seven years of age.
83.Act of a child above seven and under twelve of immature understanding.- Nothing is
an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and
consequences of his conduct on that occasion.
84.Act of a person of unsound mind.- Nothing is an offence which is done by a person
who, at the time of doing it, by reason of unsoundness of mind, is incapable of
knowing the nature of the act, or that he is doing what is either wrong or contrary
to law.
85.Act of a person incapable of judgement by reason of intoxication caused against
his will.- Nothing is an offence which is done by a person who, at the time of doing
it, is, by reason of intoxication, incapable of knowing the nature of the act, or
that he is doing what is either wrong, or contrary to law: provided that the thing
which intoxicated him was administered to him without his knowledge or against his
will.
86.Offence requiring a particular intent or knowledge committed by one who is
intoxicated.- In cases where an act done is not an offence unless done with a
particular knowledge or intent, a person who does the act in a state of intoxication
shall be liable to be dealt with as if he had the same knowledge as he would have had
if he had not been intoxicated, unless the thing which intoxicated him was
administered to him without his knowledge or against his will.
87.Act not intended and not known to be likely to cause death or grievous hurt, done
by consent.- Nothing which is not intended to cause death, or grievous hurt, and
which is not known by the doer to be likely to cause death or grievous hurt, is an
offence by reason of any harm which it may cause, or be intended by the doer to
cause, to any person, above eighteen years of age, who has given consent, whether
express or implied, to suffer that harm; or by reason of any harm which it may be
known by the doer to be likely to cause to any such person who has consented to take
the risk of that harm.
Illustration
A and Z agree to fence with each other for amusement.This agreement implies the
consent of each to suffer any harm which in the course of such fencing, may be caused
without foul play; and if A, while playing fairly, hurts Z, A commits no offence.
88.Act not intended to cause death, done by consent in good faith for persons
benefit.- Nothing, which is not intended to cause death, is an offence by reason of
any harm which it may cause, or be intended by the doer to cause, or be known by the
doer to be likely to cause, to any person for whose benefit it is done in good faith,
and who has given a consent, whether express or implied, to suffer that harm, or to
take the risk of that harm.
Illustration
A, a surgeon, knowing that a particular operation is likely to cause the death of Z,
who suffers under the painful complaint, but not intending to cause Z’s death, and
intending, in good faith Z’s benefit, performs that operation on Z, with Z’s
consent.A has committed no offence.
89.Act done in good faith for benefit of child or insane person, by or by consent of
guardian.- Nothing which is done in good faith for the benefit of a person under
twelve years of age, or of unsound mind, by or by consent, either express or implied,
of the guardian or other person having lawful charge of that person, is an offence by
reason of any harm which it may cause, or be intended by the doer to cause or be
known by the doer to be likely to cause to that person: Provided_
Provisos.- First._That this exception shall not extend to the intentional causing of
death, or to the attempting to cause death;
Secondly._That this exception shall not extend to the doing of anything which the
person doing it knows to be likely to cause death, for any purpose other than the
preventing of death or grievous hurt; or the curing of any grievous disease or
infirmity;
Thirdly._That this exception shall not extend to the voluntary causing of grievous
hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of
preventing death or grievous hurt, or the curing of any grievous disease or
infirmity;
Fourthly._That this exception shall not extend to the abetment of any offence, to the
committing of which offence it would not extend.
Illustration
A, in good faith, for his child’s benefit without his child’s consent, has his child
cut for the stone by a surgeon, knowing it to be likely that the operation will cause
the child’s death, but not intending to cause the child’s death.A is within the
exception, inasmuch as his object was the cure of the child.
90.Consent known to be given under fear or misconception.- A consent is not such a
consent as is intended by any section of this Code, if the consent is given by a
person under fear of injury, or under a misconception of fact, and if the person
doing the act knows, or has reason to believe, that the consent was given in
consequence of that to which he gives his consent; or
Consent of insane person.- if the consent is given by a person who, from unsoundness
of mind, or intoxication, is unable to understand the nature and consequence of that
to which he gives his consent; or
Consent of child.- unless the contrary appears from the context, if the consent is
given by a person who is under twelve years of age.
91.Exclusion of acts which are offences independently of harm caused.- The exceptions
in sections 87, 88 and 89 do not extend to acts which are offences independently of
any harm which they may cause, or be intended to cause, or be known to be likely to
cause, to the person giving the consent, or on whose behalf the consent is given.
Illustration
Causing miscarriage (unless caused in good faith for the purpose of saving the life
of the woman) is an offence independently of any harm which it may cause or be
intended to cause to the woman.Therefore, it is not an offence “by reason of such
harm”; and the consent of the woman or of her guardian to the causing of such
miscarriage does not justify the act.
92.Act done in good faith for benefit of a person without consent.- Nothing is an
offence by reason of any harm which it may cause to a person for whose benefit it is
done in good faith, even without that person’s consent, if the circumstances are such
that it is impossible for that person to signify consent, or if that person is
incapable of giving consent, and has no guardian or other person in lawful charge of
him from whom it is possible to obtain consent in time for the thing to be done with
benefit: Provided_
Provisos.- First._That this exception shall not extend to the intentional, causing of
death, or the attempting to cause death;
Secondly._That this exception shall not extend to the doing of anything which the
person doing it knows to be likely to cause death, for any purpose other than the
preventing of death or grievous hurt, or the curing of any grievous disease or
infirmity;
Thirdly._That this exception shall extend to the voluntary causing of hurt, or to the
attempting to cause hurt, for any purpose other than the preventing of death or hurt;
Fourthly._That this exception shall not extend to the abetment of any offence, to the
committing of which offence it would not extend.
Illustrations
(a) Z is thrown from his horse, and is insensible.A, a surgeon, finds that Z requires to be trepanned.A, not intending Z’s death, but in good faith, for Z’s benefit,
performs the trepan before Z recovers his power of judging for himself.A has
committed no offence.
(b) Z is carried off by a tiger.A fires at the tiger knowing it to be likely that the
shot may kill Z, but not intending to kill Z, and in good faith intending Z’s
benefit.A’s ball gives Z a mortal wound.A has committed no offence.
(c) A, a surgeon, sees a child suffer an accident which is likely to prove fatal
unless an operation be immediately performed.There is not time to apply to the
child’s guardian.A performs the operation in spite of the entreaties of the child,
intending, in good faith, the child’s benefit.A has committed no offence.
(d) A is in a house which is on fire, with Z, a child.People below hold out a
blanket.A drops the child from the housetop, knowing it to be likely that the fall
may kill the child, but not intending to kill the child, and intending, in good
faith, the child’s benefit.Here even if the child is killed by the fall, A has
committed no offence.
Explanation._Mere pecuniary benefit is not benefit within the meaning of sections 88,
89 and 92.
93.Communication made in good faith.- No communication made in good faith is an
offence by reason of any harm to the person to whom it is made, if it is made for the
benefit of that person.
Illustration
A, a surgeon, in good faith, communicates to a patient his opinion that he cannot
live.The patient dies in consequence of the shock.A has committed no offence, though
he knew it to be likely that the communication might cause the patient’s death.
94.Act to which a person is compelled by threats.- Except murder, and offences
against the State punishable with death, nothing is an offence which is done by a
person who is compelled to do it by threats, which, at the time of doing it,
reasonably cause the apprehension that instant death to that person will otherwise be
the consequence: Provided the person doing the act did not of his own accord, or from
a reasonable apprehension of harm to himself short of instant death, place himself in
the situation by which he became subject to such constraint.
Explanation 1._A person who, of his own accord, or by reason of a threat of being
beaten, joins a gang of dacoits knowing their character, is not entitled to the
benefit of this exception, on the ground of his having been compelled by his
associates to do anything that is an offence by law.
Explanation 2._A person seized by a gang of dacoits, and forced by threat of instant
death, to do a thing which is an offence by law; for example, a smith compelled to
take his tools and to force the door of a house for the dacoits to enter and plunder
it, is entitled to the benefit of this exception.
95.Act causing slight harm.- Nothing is an offence by reason that it causes, or that
it is intended to cause, or that it is known to be likely to cause, any harm, if that
harm is so slight that no person of ordinary sense and temper would complain of such
harm.
Of the Right of Private Defence
96.Things done in private defence.- Nothing is an offence which is done in the
exercise of the right of private defence.
97.Right of private defence of the body and of property.- Every person has a right,
subject to the restrictions contained in section 99, to defend_
First._His own body, and the body of any other person, against any offence affecting
the human body;
Secondly._The property, whether movable or immovable, of himself or of any other
person, against any act which is an offence falling under the definition of theft,
robbery, mischief or criminal trespass, or which is an attempt to commit theft,
robbery, mischief or criminal trespass.
98.Right of private defence against the act of a person of unsound mind, etc.- When
an act, which would otherwise be a certain offence, is not that offence, by reason of
the youth, the want of maturity of understanding, the unsoundness of mind or the
intoxication of the person doing that act, or by reason of any misconception on the
part of that person, every person has the same right of private defence against that
act which he would have if the act were that offence.
Illustrations
(a) Z, under the influence of madness, attempts to kill A; Z is guilty of no
offence.But A has the same right of private defence which he would have if Z were
sane.
(b) A enters by night a house which he is legally entitled to enter.Z, in good faith,
taking A for a house-breaker, attacks A.Here Z, by attacking A under this
misconception, commits no offence.But A has the same right of private defence against
Z, which he would have if Z were not acting under that misconception.
99.Acts against which there is no right of private defence.- There is no right of
private defence against an act which does not reasonably cause the apprehension of
death or of grievous hurt, if done, or attempted to be done by a public servant
acting in good faith under colour of his office, though that act may not be strictly
justifiable by law.
There is no right of private defence against an act which does not reasonably cause
the apprehension of death or of grievous hurt, if done, or attempted to be done, by
the direction of a public servant acting in good faith under colour of his office
though that direction may not be strictly justifiable by law.
There is no right of private defence in cases in which there is time to have recourse
to the protection of the public authorities.
Extent to which the right may be exercised.- The right of private defence in no case
extends to the inflicting of more harm than it is necessary to inflict for the
purpose of defence.
Explanation 1._A person is not deprived of the right of private defence against an
act done, or attempted to be done, by a public servant, as such, unless he knows or
has reason to believe, that the person doing the act is such public servant.
Explanation 2._A person is not deprived of the right of private defence against an
act done, or attempted to be done, by the direction of a public servant, unless he
knows, or has reason to believe, that the person doing the act is acting by such
direction, or unless such person states the authority under which he acts, or if he
has authority in writing, unless he produces such authority, if demanded.
100.When the right of private defence of the body extends to causing to death.- The
right of private defence of the body extends, under the restrictions mentioned in the
last preceding section, to the voluntary causing of death or of any other harm to the
assailant, if the offence which occasions the exercise of the right be of any of the
descriptions hereinafter enumerated, namely:_
First._Such an assault as may reasonably cause the apprehension that death will
otherwise be the consequence of such assault;
Secondly._Such an assault as may reasonably cause the apprehension that grievous hurt
will otherwise be the consequence of such assault;
Thirdly._An assault with the intention of committing rape;
Fourthly._An assault with the intention of gratifying unnatural lust;
Fifthly._An assault with the intention of kidnapping or abducting;
Sixthly._An assault with the intention of wrongfully confining a person, under
circumstances which may reasonably cause him to apprehend that he will be unable to
have recourse to the public authorities for his release.
101.When such right extends to causing any harm other than death.- If the offence be
not of any of the descriptions enumerated in the last preceding section, the right of
private defence of the body does not extend to the voluntary causing of death to the
assailant, but does extend, under the restrictions mentioned in section 99 to the
voluntary causing to the assailant of any harm other than death.
102.Commencement and continuance of the right of private defence of the body.- The
right of private defence of the body commences as soon as a reasonable apprehension
of danger to the body arises from an attempt or threat to commit the offence though
the offence may not have been committed; and it continues as long as such
apprehension of danger to the body continues.
103.When the right of private defence of property extends to causing death.- The
right of private defence of property extends, under the restrictions mentioned in
section 99, to the voluntary causing of death or of any other harm to the wrong-doer,
if the offence, the committing of which, or the attempting to commit which, occasions
the exercise of the right, be an offence of any of the descriptions hereinafter
enumerated, namely:_
First._Robbery;
Secondly._House-breaking by night;
Thirdly._Mischief by fire committed on any building, tent or vessel, which building,
tent or vessel is used as a human dwelling, or as a place for the custody of
property;
Fourthly._Theft, mischief or house-trespass, under such circumstances as may
reasonably cause apprehension that death or grievous hurt will be the consequence, if
such right of private defence is not exercised.
104.When such right extends to causing any harm other than death.- If the offence,
the committing of which, or the attempting to commit which occasions the exercise of
the right of private defence, be theft, mischief, or criminal trespass, not of any
of the descriptions enumerated in the last preceding section, that right does not
extend to the voluntary causing of death, but does extend, subject to the
restrictions mentioned in section 99, to the voluntary causing to the wrong-doer of
any harm other than death.
105.Commencement and continuance of the right of private defence of property.- The
right of private defence of property commences when a reasonable apprehension of
danger to the property commences.
The right of private defence of property against theft continues till the offender
has effected his retreat with the property or either the assistance of the public
authorities is obtained, or the property has been recovered.
The right of private defence of property against robbery continues as long as the
offender causes or attempts to cause to any person death or hurt or wrongful
restraint or as long as the fear of instant death or of instant hurt or of instant
personal restraint continues.
The right of private defence of property against criminal trespass or mischief
continues as long as the offender continues in the commission of criminal trespass or
mischief.
The right of private defence of property against house-breaking by night continues as
long as the house-trespass which has been begun by such house-breaking continues.
106.Right of private defence against deadly assault when there is risk of harm to
innocent person.- If in the exercise of the right of private defence against an
assault which reasonably causes the apprehension of death, the defender be so
situated that he cannot effectually exercise that right without risk of harm to an
innocent person, his right of private defence extends to the running of that risk.
Illustration
A is attacked by a mob who attempt to murder him.He cannot effectually exercise his
right of private defence without firing on the mob, and he cannot fire without risk
of harming young children who are mingled with the mob.A commits no offence if by so
firing he harms any of the children.
CHAPTER V
OF ABETMENT
107.Abetment of a thing.- A person abets the doing of a thing, who_
First._Instigates any person to do that thing; or,
Secondly._Engages with one or more other person or persons in any conspiracy for the
doing of that thing, if an act or illegal omission takes place in pursuance of that
conspiracy, and in order to the doing of that thing; or
Thirdly._Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1._A person who, by wilful misrepresentation, or by wilful concealment of
a material fact which he is bound to disclose, voluntarily causes or procures, or
attempts to cause or procure, a thing to be done, is said to instigate the doing of
that thing.
URL:http://www.indianrailways.gov.in/RPF/Files/law/BareActs/ipc1860.htm#a