CR.P.C FULL

Criminal law (Cr.P.C) & IPC (Important rules & section)

K.RAJKUMAR B.com., B.A., LL.B., Student DR. Ambedkar Govt Law College Pudhucherry © 2008

2

S.No.

CONTENTS

PAGE

1

ABBREVATION CHART OF REPORTS

3

2

OTHER ABBREVATION

5

3

LEADING AND RECENT JUDGEMENTS ON F.I.R.

5

ABBREVATION 4

CRIMINAL CASES (COURTS)

6

5

POWER OF COURT

6

6

IMPORTANT DEFINITIONS

6

7

IMPORTANT PROVISIONS UNDER THE CRIMINAL

7

RULES OF PRACTISE CHAPTER RULES 8

IMPORTANT PROVISION IN THE CODE OF CRIMINAL

8

PROCEDUCRE 1973 9

PRIVATE COMPLAINTS

10

CRIMINAL REVISION (SEC 397 to 401) Cr.P.C.

10

11

FILLING PAPERS

11

12

LIMITATION

11

13

COURT FEE

11

14

CRIMINAL APPEALS (SEC 372 to 394) Cr.P.C.

12

9

[LIMITATION, COURT FEE]

K.RAMKUMAR B.A., LL.B.,

3

ABBREVATION CHART OF REPORTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39

A.C. A.I.R. A.L.J. I.L.R. And. A.W.N. All. All.E.R. App. Cas. I.L.R. Ass. Beng. L.R. Bom. B.H.C. Bom. L.R. Burma L.R. B.L.J. Cal. C.L.J. C.L.R. C.W.N. Ch. Ch. D. Coke. Cox. Cr.L.C. Cr.L.J. Cri.L.J. Cut. G.L.R. I.A. Ind. Jur. N.S. Ind. Jur. O.S. I.L.R. J.T. Ker.L.R. Ker.L.T. Kar. Kerala. L.B.R. L.J.

APPEAL CASE, LAW REPORTS FROM 1891 ALL INDIA REPORTER 1914 ALLAHABAD LAW JOURNAL INDIAN LAW REPORTS, ANDHRA SERIES ALLAHABAD WEEKLY NOTES I.L.R. ALLAHABAD SERIES ALLL ENGLAND REPORTS APEAL CASES; LAW REPORTS I.L.R. ASSAM BENGAL LAW REPORTS I.L.R. BOMBAY BOMBAY HIGH COURT BOMBAY LAW REPORTS BURMA LAW REPORTS BIHAR LAW JUDGMENTS I.L.R. CALCUTTA CALCUTTA LAW JOURNAL CALCUTTA LAW REPORTS CALCUTTA WEEKLY NOTES LAW REPORTS, CHANCERY DIVISION CHENCERY DIVISION, LAW REPORTS COKE’S REPORTS COX’S CRIMINAL CASES BIHAR LAW TIMES (REPORTS) CRIMINAL LAW CASES CRIMINAL LAW JOURNAL (AIR PUBLICATION)

I.L.R. CUTTACK GUJARAT LAW REPORTER INDIAN APPEALS INDIAN JURIST NEW SERIES INDIAN JURIST OLD SERIES INDIAN LAW REPORTS JUDGMENTS TO-DAY KERALA LAW REPORTER KERALA LAW TIMES I.L.R. KARACHI I.L.R. KERALA LOWER BURMA RULLINGS LAW JOURNAL K.RAMKUMAR B.A., LL.B.,

4

40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 72 73 74 75

L.R. L.T. L.W. (Crl). Lah. Luck. Mad. M.H.C. M.L.J. M.L.T. M.L.W. M.W.N. Mayne. Nag. N.L.J. P.L.J. P.L.R. P.C. P.R. P.W.R. Pun. Pat. Q.B. Q.B.D. Raj. Ran. S.C.C. S.C.J. S.C.R. S.C.W. S.L.R. Unrep. Cr. C. Weir. W.R. T.L.N.J. S.C.C.

LAW REPORTS LAW TIMES THE LAW WEEKLY (CRIMINAL) I.L.R. LAHORE I.L.R. LUKNOW I.L.R. MADRAS MADRAS HIGH COURT REPORTS MADRAS LAW JOURNAL MADRAS LAW TIMES MADRAS LAW WEEKLY MADRAS WEEKLY NOTES MAYNE’S CRIMINAL LAW OF INDIA L.R. NAGPUR NAGPUR LAW JOURNAL PATNA LAW JOURNAL PUNJAB LAW JOURNAL PRIVY COUNCIL PUNJAB RECORDS PUNJAB WEEKLY REPORTS I.L.R. PUNJAB I.L.R. PATNA QUEENS BENCH, LAW REPORTS LAW REPORTS, QUEENS BENCH DIVISIONS I.L.R. RAJASTAN I.L.R. RANGOON SUPREME COURT CASES SUPREME COURT JOURNAL SUPREME COURT REPORTS SUPREME COURT WEEKLY REPORTS SIND LAW REPORTER UNREPORTED CRIMINAL CASES WEIR’S LAW OF OFFENCES AND CRIMINAL LAW

WEEKLY REPORTER, CALCUTTA TAMILNADU LAW NOTES JOURNAL SUPREME COURT CASES

K.RAMKUMAR B.A., LL.B.,

5

OHER ABBREVATIONS 1

Cr.P.C

CRIMINAL PROCEDURE CODE

2

I.P.C

INDIAN PENAL CODE

3

U/S

UNDER SSECTION

4

S.

SECTION

5

P.S.O

POLICE STANDING ORDERS

6

G.D

GENERAL DIARY

7

F.I.R

FIRST INFORMATION REPORT

8

I.O

INVESTIGATION OFFICER

9

N.O.C

NOTES OF CASES

LEADING AND RECENT JUDGEMENTS ON F.I.R ABBREVIATIONS 1

AFR.

Affirmed

2

APL.

Applied

3

APR.

Approved

4

C.

Considered

5

C.&F.

Considered and Followed

6

D.

Distinguished

7

E.

Explained

8

E.&D.

Explained & distinguished

9

E.&F.

Explained & Followed

10

E.&R.

Explained & Relied

11

F.

Followed

12

HO.

Held Obiter

13

O.

Overruled

14

OPN.

Opinion not expressed

15

NF.

Not followed

16

MV.

Minority view

17

R.

Relied on

18

RF.

Referred

K.RAMKUMAR B.A., LL.B.,

6

CRIMINAL CASES (FILLING AND PRACTICE)


JUDICIAL SECOND CLASS MAGISTRATE COURT.




FIRST CLASS MAGISTRATE’S COURT.




SUB-DIVISIONAL JUDICIAL MAGISTRATE’S COURT.




CHIEF JUDICIAL MAGISTRATE COURT IN MADRAS. CITY, METROPOLITAN MAGISTRATE’S COURT & CHIEF METROPOLITAN MAGISTRATE’S COURT.




ASSISTANT SESSIONS COURT.




DISTRICT SESSIONS COURT.




HIGH COURT.




SUPREME COURT.

POWERS OF COURT 1

Judicial Second Class Magistrate

Sentence upto One year or Fine

2

First Class and Sub-Divisional Judicial Magistrates

Sentence upto 3 years of fine upto five Thousand rupees, or of both

3

Assistant session judge

Sentence upto 10 years. Fine no limit

4

Chief judicial or chief metropolitan

Sentence upto 7 years and fine no limit

5

Sessions judge or additional sessions judge

6

High Court

Any sentence, but sentence of death subject to confirmation by the High court Any sentence

7

Supreme Court

Any sentence

IMPORTANT DEFINITIONS ‘Bailable offence’ means an offence which is shown as bailable in the first schedule of Cr.P.C. or which is made bailable by any other law for the time being in force; and “non bailable offence” means any other offence; ‘Cognizable offence’ means an offence for which , and “ Cognizable Case” means a case in which a policy officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.

K.RAMKUMAR B.A., LL.B.,

7

‘Non-cognizable Offence’ means an offence for which, and ‘non-cognizable case’ means a case in which, a police officer has no authority to arrest without warrant. ‘Summonse-case’ means a case relating to an offence, and not being a warrant case; ‘Warrant-case’ means a case relating to an offence punishable with death, imprisement for a term exceeding two years.

IMPORTANT PROVISIONS UNDER THE CRIMINAL RULES OF PRACTICE CHAPTER RULES S.No.,

CHAPTER

RULES

1

PRELIMINARY

1-5

2

PROCESS SUMMONSES AND WARRANTS

6-20

3

INVESTIGATION AND PROSECUTION BY POLICE

21-68

4

MAGISTRATES, COURTS

69-100

5

PRESIDENCY MAGISTRATES

101-147

6

BENCHES OF MAGISTRATES

148-153

7

COURTS OF SESSION

154-188

8

HIGH COURT

189-247

9

APPEALS

248-270

10

REFERENCE AND REVISION

271-279

11

EXECUTION OF SENTENCES AND DISPOSAL OF PROPERTY

280-297

12

RULES FOR LEVY OF FINES

298

13

SUPERVISION OF SUBORDINATE CRIMINAL COURTS

229

14

RECORDS, I-INSPECTION AND COPIES

331-356

15

RECORDS, II-PRODUCTION AND SUBMISSION AND

357-376

DESTRUCTION RULES 16

BATTA PROCEDURES

337 to 424 Offences etc.,

K.RAMKUMAR B.A., LL.B.,

8

IMPORTANT PROVISIONS IN THE CODE OF CRIMINAL PROCEDURE, 1973 S.No

SECTION

. 1

TO RECALL BAILABLE OR NON-BAILABLE WARRANT

72(2)

2

SUMMONS TO PRODUCE DOCUMENT OR OTHER THING

91

3

TO ISSUE SEARCH-WARRANT FOR PERSONS WRONGFULLY CONFINED

97

4

TO RESTORE WRONGFULLY CONFINED FEMALES

98

5

PETITION FOR MAINTENANCE TO WIVES CHILDREN AND PARENTS

125

6

ALTERATION IN ALLOWANCE

128

7

E.P. FOR MAINTENANCE

133

8

PROCEDURE WHERE DISPUTE CONCERNING LAND OR WATER IS

145

LIKELY TO CAUSE BREACH OF PACE 9

TO SEND PETITION TO SUPERINTENDENT OF POLICE ON THE REFUSAL

154(3)

OF THE STATIO POLICE OFFICERS 10

FOR PRIVATE COMPLAINT

200

11

TO DISPENSE WITH PERSONAL APPEARANCE OF ACCUSED

205

12

DISCHARGE BEFORE SESSIONS COURT

227

13

TO DEFER OR TO RECALL WITNESSES FOR CROSS EXAMINATION IN

231(2)

SESSIONS TRIAL 14

TO DEFER OR TO RECALL WITNESS FOR CROSS EXAMINATION IN

242(3)

WARRANT CASES 15

TO PLEAD GUILITY AND TO PAY FINE IN PETTY CASES BY THE

253(2)

ADVOCATES 16

TO SUMMON A WITNESS IN SUMMONS CASES

254(2)

17

TO ACQUIT THE ACCUSED ON THE ABSENCE OF COMPLAINANT OR

256

PROSECUTION 18

FOR ADJOURNMENTS

309

19

TO SUBMIT WRITTEN ARGUMENTS

314

20

FOR THE EXAMINATION OF ACCUSED ON HIS OWN REQUEST

315

21

TO DISPENSE WITH THE PERSONAL ATTENDANCE OF THE ACCUSED

317

K.RAMKUMAR B.A., LL.B.,

9 22

TO COMPOUND OFFENCE

320

23

ORDER TO RELEASE ON PROBATION OF GOOD CONDUCT OR AFTER

360

ADMONITION 24

APPEALS FROM CONVICTIONS

374&382

25

APPEALS FROM ACQUITTAL

378

26

SUSPENSION OF SENTENCE

389

27

SUSPENSION OF SENTENCE BY TRIAL COURT

391

28

REFERENCE

395

29

REVISION

397

30

TRANSFER OF CASES

31

POWER TO SUSPEND OF REMIT SENTENCES BY COURT

432

32

BAIL IN BAILABLE OFFENCE

436

33

BAIL IN NON BAILABLE OFFENCE

437

34

ANTICIPATORY BAIL

438

35

SPECIAL POWERS OF HIGH COURT OR COURT OF SESSION ON BAIL

439

36

RETURN OF PROPERTY

37

LIMITATION IN CRIMINAL CASES

38

INHERENT POWERS OF HIGH COURT

406 to 408

451,452 468 to 473 482

PRIVATE COMPLAINTS (Important Points) 1

Private complaints have to filed U/s 200 Cr.P.C.,

2

The judicial second class magistrate or the judicial First class Magistrate or the Metropolitan Magistrate is empowered to take cognizance of offence under private complaints. Private complaints may be filed in cognizable offences and in non-cognizable

3

offences. 4

If the complaint is in writing, it should be signed by the complainant.

5

The complaint may be presented either by the complainant or by the pleader. (Rule 111 of the criminal rules of practice).

6

To examine the complainant on oath the complainant must present on a date to fix by

K.RAMKUMAR B.A., LL.B.,

10

the Magistrate. 7

Two or more persons joint together and can file single complaint for the same offence, committed in an occurrence.

8

If the offence appears to be exclusively triable by the court of session, the complainant must produce his witness also for the examining them or oath.

9

If there is no sufficient ground for proceeding the Magistrate can dismiss the complaints U/S.203 of Cr.P.C.

10

If the complaint is dismissed or the accused is acquitted, against the order of acquittal the appeal shall lie to High Court U/S 378 (4) of the Cr.P.C.

11

If the accused is convicted the can prefer Appeal or revision to sessions Court or High court according to the nature of the sentence.

12

The appeal from the order of the acquittal should be preferred within sixty days from the date of order of the acquittal. If the complainant is a public officer the appeal time is 6 months.

13

The court fee payable on the complaint is Re1/-

14

Vakalat has to be in filed in the private complaints (Rule 29 of Cr 1. Rules of practice.)

CRIMINAL REVISION (Sections (397 to 401) of Cr.P.C.) 1

Criminal Revision should be filed under section 397 of the Criminal Procedure Code. High Court’s power of revision is under section 401 Cr 1.P.C. and Sessions power of revision is U/S 399.

2

The Revision will be either to the sessions Court or to the High Court.

3

No Revision will lie in relation to any interlocutory orders passed in any Appeal, enquiry, trail or other proceedings.

4

The Revisional powers of the court are discretionary.

5

The Sessions court and Hith Court are having concurrent jurisdiction. But the lowest

K.RAMKUMAR B.A., LL.B.,

11

forum is to be approached. 6

Revision will be from the order of acquittal, preferred by the complainant when the case has been instituted on Police Report.

7

Revision will be to the High Court when there is no provision for presenting an Appeal.

8

From the Appeals by the Sessions courts, the Revision will be to the High Court.

9

Revision will lie on questions of sentence when accused pleads guilty.

FILING PAPERS 1

MEMORANDUM OF GROUNDS OF REVISION (ONE)

2

ONE COPY OF MEMO OF GROUNDS TO EACH RESPONDENT

3

MEMO OF APPEARANCE (ONE)

4

CERTIFIED COPY OF THE JUDGMENT OR ORDER OF THE COURT OR COURTS BELOW UNLESS IT IS DISPENSED WITH BY THE COURT.

LIMITATION TO PREFER REVISION EITHER TO THE HIGH COURT OR SESSIONS COURT THE TIME LIMIT IS NINETY DAYS FROM THE DATE OF SENENCE SOUGHT TO BE REVISED. (ARTICLE 131 TO THE SCHEDULE OF THE LIMITATION ACT).

COURT FEE ON THE MEMO OF GROUNDS IN SESSIONS COURT

1Rs.

IN HIGH COURT

2 Rs.

ON THE CERTIFIED COPY OF ORDERS

0.50 p.

PROCESS FEE

0.50 P.

NO PROCESS FEE IN HIGH COURT

-Nil-

K.RAMKUMAR B.A., LL.B.,

12

CRIMINAL APPEALS (Ss.372 to 394 of Cr.P.C) LIMITATION APPEAL FROM A SENTENCE OF DEATH

30 DAYS

APPEAL AGAINST CONVICTION UNDER S.374 Cr.P.C. TO HIGH COURT TO ANY OTHER COURT APPEAL AGAINST ACQUITTAL U/S 378 Cr.P.C. 6 MONTHS BY PUBLIC SERVANT OTHERWISE APPEAL FOR ENHANCEMENT OF SENTENCE BY PUBLIC PROSECUTER

60 DAYS 30 DAYS 90 DAYS 90 DAYS

COURT FEE ON THE MEMO OF GROUNDS IN SESSIONS COURT

1Rs.

TO THE COURT OF SESSION

2 Rs.

TO THE HIGH COURT

2 Rs.

ON THE CERTIFIED COPY OF THE ORDER

0.50 p.

PROCESS

0.50 p.

NO PROCESS FEE FOR HIGH COURT MEMO OF APPEARANCE OR VAKALAT

TO SESSION COURT

1.50 Rs.

TO HIGH COURT

3.00 Rs.

NO STAMPS NEED BE AFFIXED WHEN THE ACCUSED IS IN DURESS.

K.RAMKUMAR B.A., LL.B.,

Section

offence

punishment

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

THE FIRST SCHEDULE CLASSIFICATION OF OFFENCES EXPLANATORY NOTE: (1) IN REGARD TO OFFENCES UNDER THE INDIAN PENAL CODE, THE ENTRIES IN THE SECOND AND THIRD COLUMNS AGAINST A SECTION THE NUMBER OF WHICH IS GIVEN IN THE FIRST COLUMN ARE NOT INTENDED AS THE DEFINITION OF, AND THE PUNISHMENT PRESCRIBED FOR, THE OFFENCE IN THE INDIAN PENAL CODE, BUT MERELY AS INDICATION OF THE SUBSTANCE OF THE SECTION. (2) IN THIS SCHEDULE, (i) THE EXPRESSION “MAGISTRATE OF THE FIRST CLASS” AND “ANY MAGISTRATE” INCLUDE METROPOLITAN MAGISTRATES BUT NOT EXECUTIVE MAGISTRATE; (ii) THE WORD “COGNIZABLE” STANDS FOR “A POLICE OFFICER MAY ARREST WITHOUT WARRANT”; AND (iii) THE WORD “NON-COGNIZABLE” STANDS FOR “A POLICE OFFICER SHALL NOT ARREST WITHOUT WARRANT”.

1

SEC

2

3

OFFENCE

4

5

COGNIZABLE OR NONCONGNIZABLE

BAILABLE OR NONBAILABLE

According as offence abetted is cognizable or non-cognizable

According as offence abetted is bailable or nonbailable

Court by which offence abetted is triable

Ditto

Ditto

Ditto

Ditto

Same for offence intended to be abetted.

Ditto

Ditto

Ditto

Same as for offence committed.

Ditto

Ditto

Ditto

PUNISHMENT

6 BY WHAT COURT TRIABLE

CHAPTER V-ABETMENT 109

110 111 113

Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment Abetment of any offence, if the person abetted does the act with a different intention from that of the abettor. Abetment of any offence, when one act is abetted does the act with a different intention from that of the abettor. Abetment of any offence, when an effect is caused by the act abetted different from that intended by the abettor.

Same as for offence abetted.

1

K.RAMKUMAR B.A , LL.B.,

Section 114 115

116

offence Abetment of any offence, if abettor is present when offence is committed Abetment of an offence, punishable with death or imprisonment for life, if the offence be not committed in consequence of the abetment. If an act which causes harm to be done in consequence of the abetment. Abetment of an offence, punishable with imprisonment, if the offence be not committed in consequence of the abetment.

If the abettor or the person abetted be a public servant whose duty it is to prevent the offence.

117 118

Abetting the commission of an offence by the public, or by more than ten persons. Concealing a design to commit an offence punishable with death or imprisonment for life, if the offence be committed. If the offence be nor committed.

119

A public servant concealing a design to commit an offence which it is his duty to prevent, if the offence be committed. If the offence be punishable with death or imprisonment for life.

Cognizable or non-cognizable

Bailable or non-bailable

Same as for offence committed.

Ditto

Ditto

Ditto

Imprisonment for 7 years and fine

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Non-bailable

Ditto

Ditto

Bailable

Ditto

Ditto

Ditto

Ditto

Ditto

Non-bailable

punishment

Imprisonment for 14 years and fine. Imprisonment extending to a quarter part of the longest term provided for the offence, or fine, or both. Imprisonment extending to half of the longest term provided for the offence, or fine or both. Imprisonment for 3 years, or fine, or both Imprisonment for 7 years and fine. Imprisonment for 3 years and fine. Imprisonment extending to half of the longest term provided for the offence, or fine, or both Imprisonment for 10 years 2

By what court triable

Ditto

K.RAMKUMAR B.A , LL.B.,

Section

offence

If the offence be not committed

120

120B

punishment

121A 122 123 124 124A

Bailable or non-bailable

Ditto

Bailable

Ditto

Ditto

Ditto

Ditto

According as the offence which is the object of conspiracy is cognizable or noncognizable.

According as offence which is object of conspiracy is bailable or nonbailable.

Court by which abetment of the offence which is the object of conspiracy is triable.

Bailable

Magistrate of the 1st class

Non-bailable

Court of session

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Imprisonment extending to a quarter part of the longest term provided for the offence, or fine, or both.

Concealing a design to commit an offence punishable Ditto with imprisonment, if offence be committed. CHAPTER VA-CRIMINAL CONSPIRACY Criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 years or upwards.

Same as for abetment of the offence which is the object of the conspiracy.

Imprisonment for 6 months, or fine, or Non-cognizable both. CHAPTER VI-OFFENCES AGAINST THE STATE Waging or attempting to wage war, or abetting the Death or imprisonment Cognizable waging of India. for life and fine. Imprisonment for life Conspiring to commit certain offences against the state. or imprisonment for 10 Ditto years and fine. Collecting arms, etc., with the intention of waging war Ditto Ditto against the government of India. Imprisonment for 10 Ditto Concealing with intent to facilitate a design to wage war. years and fine Assaulting president, governor, etc., with intent to Imprisonment for 7 Ditto exercise of any lawful power. years and fine Imprisonment for life Sedition Ditto and fine, or Any other criminal conspiracy

121

Cognizable or non-cognizable

3

By what court triable

K.RAMKUMAR B.A , LL.B.,

Section

offence

125

Waging war against any Asiatic power in alliance or at peace with the government of India, or abetting the wagging of such war.

126

Committing depredation on the territories of any power in alliance or at peace with the government of India.

127

Receiving property taken by war or depredation mentioned in section 125 and 126.

128

Public servant voluntarily allowing prisoner of state or war in his custody to escape

129 130

131

132

133 134

punishment imprisonment for 3 years and fine, or fine. Imprisonment for life and fine, or imprisonment for 7 years and fine, or fine. Imprisonment for 7 years and fine, and forfeiture of certain property. Ditto

Cognizable or non-cognizable

Bailable or non-bailable

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Bailable

Magistrate of the 1st class

Non-bailable

Court of session

Ditto

Ditto

Ditto

Ditto

Ditto

Magistrate of the 1st class

Ditto

Ditto

Imprisonment for life, or imprisonment for 10 Ditto years and fine Public servant negligently suffering prisoner of state or Simple imprisonment Ditto war in his custody to escape for 3 years and fine Aiding escape of, rescuing or harbouring, such prisoner, Imprisonment for life or offering any resistance to the recapture of such or imprisonment for 10 Ditto prisoner years and fine. CHAPTER VII-OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE Imprisonment for life Abetting mutiny, or attempting to seduce an officer, or imprisonment for 10 Ditto soldier sailor or airman from his allegiance or duty. years and fine. Death, or imprisonment Abetment of mutiny, if mutiny is committed in for life or Ditto consequence thereof. imprisonment for 3 years and fine Abetment of an assault by an officer, soldier, sailor or Imprisonment for 3 airman on his superior officer, when in the execution of Ditto years and fine his office Abetment of such assault, if the assault is committed Imprisonment for 7 Ditto 4

By what court triable

K.RAMKUMAR B.A , LL.B.,

Section

135 136 137 138

140

143 144 145 147 148 149

150

offence

punishment years and fine Imprisonment for 2 years or fine, or both

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

Abetment of the desertion of an officer, soldier, sailor or Ditto Bailable Any magistrate airman Harbouring such an officer, soldier, sailor or airman who Ditto Ditto Ditto Ditto has deserted Deserter concealed on board merchant vessel, through Fine of 500 rupees Non-cognizable Ditto Ditto negligence of master or person in charge thereof Abetment of act of insubordination by an officer, Imprisonment for 6 soldier, sailor or airman, if the offence be committed in Cognizable Ditto Ditto months, or fine, or both consequence Wearing the dress or carrying any token used by a Imprisonment for 3 soldier, sailor or airman with intent that it may be months or fine of 500 Ditto Ditto Ditto believed that he is such a soldier, sailor or airman rupees or both CHAPTER VIII-OFFENCES AGAINST THE PUBLIC TRANQUILLITY Imprisonment for 6 Being member of an unlawful assembly Ditto Ditto Ditto month or fine or both Joining an unlawful assembly armed with any deadly Imprisonment for 2 Ditto Ditto Ditto weapon years or fine or both Joining or continuing in an unlawful assembly, knowing Ditto Ditto Ditto Ditto that it has been commanded to disperse Imprisonment for 2 Rioting Ditto Ditto Ditto years, or fine, or both Imprisonment for 3 Magistrate of Rioting armed with deadly weapon Ditto Ditto years or fine or both the 1st class If an offence be committed by any member of an According as offence is According as Court by which The same as for the unlawful assembly, every other member of such cognizable or nonoffence is bailable the offence is offence assembly shall be guilty of the offence cognizable or non-bailable triable The same as for a member of such Hiring, engaging or employing persons to take part in an assembly and for any cognizable Ditto Ditto unlawful assembly offence committed by any member of such K.RAMKUMAR B.A , LL.B., 5

Section

151 152 153

153A

153B

154 155 155 157 158

160

offence

punishment

assembly Knowingly joining or continuing in any assembly of five Imprisonment for 6 or more persons after it has been commanded to disperse months or fine or both Assaulting or obstructing public servant when Imprisonment for 3 suppressing riot, etc. month fine or both Wantonly giving provocation with intent to cause riot, if Imprisonment for 1 rioting be committed year or fine or both Imprisonment for 6 It not committed month or fine or both Imprisonment for 3 Promoting enmity between classes years or fine or both Promoting enmity between classes in place of worship, Imprisonment for 5 etc., years and fine Imprisonment for 3 Imputations, assertions prejudicial to national integration years or fine or both Imprisonment for 5 If committed in a place of public worship etc years and fine Owner or occupier of land non giving information of Fine of 1000 rupees riot, etc Person for whose benefit or non whose behalf a riot Fine takes place not using all lawful means to prevent it Agent of owner or occupier for whose benefit a riot is Ditto committed not using all lawful means to prevent it Imprisonment for 6 Harbouring persons hired for an unlawful assembly months or fine or both Being hired to take part in an unlawful assembly or riot Ditto Imprisonment for 2 Or to go armed years or fine or both Imprisonment for 1 Committing affray month or fine of 100 rupees or both 6

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

Ditto

Ditto

Any magistrate

Ditto

Ditto

Magistrate of the 1st class

Ditto

Ditto

Any magistrate

Ditto

Ditto

Magistrate of the 1st class

Cognizable

Non-bailable

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Non-cognizable

Bailable

Any magistrate

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Cognizable

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

K.RAMKUMAR B.A , LL.B.,

Section

161 162 163 164 165 165 A 166 167 168

169

offence

punishment

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

Non-bailable

Magistrate of the 1st class

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Bailable

Ditto

Bailable

Magistrate of the first class

Ditto

Ditto

Ditto

Ditto

Cognizable

Non-bailable

Any-magistrate

Ditto

Bailable

Ditto

CHAPTER IX-OFFENCES BY OR RELATING To PUBLIC SERVANTS Being or expecting to be a public servant, and taking a Imprisonment for 3 gratification other than legal remuneration in respect of Cognizable years or fine or both an official act Taking a gratification in order, by corrupt or illegal Imprisonment for 3 Ditto means, to influence a public servant years or fine or both Simple imprisonment Taking a gratification for the exercise of person for 1 year or fine or Ditto influence with a public servant both Abetment by public servant of the offences defined in Imprisonment for 3 Ditto the last 2 preceding clauses with reference to himself ears or fine or both Public servant obtaining any valuable thing, without consideration, from a person concerned in any Ditto Ditto proceeding or business transacted by such public servant Punishment for abetment of offences punishable under Ditto Ditto section 161 or section 165 Simple imprisonment Public servant disobeying a direction of the law with for 1 year or fine or Non-cognizable intent to cause injury to any person both Public servant framing an incorrect document with intent Imprisonment for 3 Cognizable to cause injury years or fine or both Simple imprisonment Public servant unlawfully engaging in trade for 1 year of fine or Non-cognizable both Simple imprisonment for 2 years or fine or Public servant unlawfully buying or bidding for property both and confiscation Ditto of property, if purchased

170

Personating a public servant

Imprisonment for 2 year or fine or both

171

Wearing garb or carrying token used by public servant

Imprisonment for 3 7

K.RAMKUMAR B.A , LL.B.,

Section

offence

punishment

Cognizable or non-cognizable

Bailable or non-bailable

with fraudulent intent

171 E

171 F

171 G 171 H 171 I

172

173

174

months or fine of 200 rupees or both CHAPTER IXA-OFFENCES RELATING To ELECTIONS Imprisonment for 1 years or fine or both or Bribery Non-cognizable if treating only, fine only Imprisonment for 1 Undue influence at an election Ditto year or fine or both Imprisonment for 1 Personation at an election Cognizable year or fine or both False statement in connection with an election Fine Non-cognizable Illegal payments in connection with elections Fine of 500 rupees Ditto Failure to keep election accounts Ditto Ditto CHAPTER X-CONTEMPTS OF THE LAWFUL ACUTHORITY O PUBLIC SERVANTS Simple imprisonment Absconding to avoid service of summons or other for 1 month, or fine of Non-cognizable proceeding from a public servant 500 rupees or both Simple imprisonment If summon or notice require attendance in person, etc., for 6 months, or fine of Ditto in a court of justice 1000 rupees, or both Preventing the service or the affixing of any summons of Simple imprisonment notice, or the removal of it when it has been affixed, or for 1 month or fine of Ditto preventing a proclamation 500 rupees or both Simple imprisonment If summons, etc., require attendance in person, etc., in a for 6 month or fine of Ditto court of justice 1000 rupees or both Not obeying a legal order to attend at a certain place in Simple imprisonment person or by agent, or departing there from without for 1 month or fine of Ditto authority 500 rupees or both If the order requires personal attendance, etc., in court of Simple imprisonment Ditto

By what court triable

8

Bailable

Magistrate of the 1st class

Ditto

Ditto

Ditto

Ditto

Ditto Ditto Ditto

Ditto Ditto Ditto

Bailable

Any magistrate

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

K.RAMKUMAR B.A , LL.B.,

Section

offence justice

175

Intentionally omitting to produce a document to a public servant by a person legally bound to produce or deliver such document

If the document is required to be produced in or delivered to a court of justice 176

Intentionally omitting to give notice or information to a public servant by a person legally bound to give such notice or information If the notice or information required respects the commission of an offence, etc If the notice or information is required by an order passed under sub-section (1) of section 356 of this code

177

178

Knowingly furnishing false in formation to a public servant If the information required respects the commission of an offence, etc., Refusing oath when duly required to take oath by a public servant

punishment

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

for 6 months or fine of 1000 rupees or both

Simple imprisonment for 1 month, or fine of 500 rupees or both

Simple imprisonment for 6 months or fine of 1000 rupees or both simple imprisonment for 1 month or fine of 500 rupees or both Simple imprisonment for 6 months, or fine of 1000 rupees or both Imprisonment for 6 months, or fine of 1000 rupees or both Imprisonment for 6 months, or fine of 1000 rupees, or both Imprisonment for 2 years, or fine, or both Simple imprisonment for 6 months, or fine of 9

Ditto

Ditto

The court in which the offence is committed, subject to the provision of chapter XXVI, or, if not committed in a court, any magistrate

Non-cognizable

Bailable

Ditto

Ditto

Ditto

Any magistrate

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

The court in which the

K.RAMKUMAR B.A , LL.B.,

Section

offence

punishment

Cognizable or non-cognizable

Bailable or non-bailable

1000 rupees, or both

179

Being legally bound to state truth, and refusing to answer question

180

Refusing to sign statement made to a public servant when legally required to do so

181 182 183

Knowingly stating to a public servant, on oath as true that which is false Giving false information to a public servant in order to cause him to use his lawful power to the injury or annoyance of any person Resistance to the taking of property by the lawful authority of a public servant

184

Obstructing sale of property of offered for sale by authority of a public servant

185

Bidding, by a person under a legal incapacity to purchase it, for property at a lawfully authorized sale or bidding without intending to perform the obligations incurred thereby.

186

Obstructing public servant in discharge of his public functions.

Simple imprisonment for 6 months, or fine of 1000 rupees, or both Simple imprisonment for 3 months, or fine of 500 rupees, or both Imprisonment for 3 years and fine Imprisonment for 6 months, or fine of 1000 rupees or both Ditto Imprisonment for 1 month or fine or 500 rupees or both Imprisonment for 1 month or fine of 200 rupees or both. Imprisonment for 3 months or fine of 500 rupees or both. 10

By what court triable offence is committed, subject to the provisions of chapter XXVI; or, if not committed in a court, any magistrate

Non-cognizable

Bailable

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Magistrate of the 1st class

Ditto

Ditto

Any magistrate

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Non-cognizable

Bailable

Any magistrate

K.RAMKUMAR B.A , LL.B.,

Section

187

188

offence Omission to assist public servant when bound by law to give such assistance. Willfully neglecting to aid a public servant who demands aid in the execution of process, the prevention of offences, etc. Disobedience to an order lawfully promulgated by a public servant, if such disobedience causes obstruction, annoyance or injury to persons lawfully employed. If such disobedience causes danger to human life, health or safety, etc.

189 190

193

Simple imprisonment for 1 month or fine of 200 rupees or both. Simple imprisonment for 6 months or fine of 600 rupees or both. Simple imprisonment for 1 month or fine of 200 rupees or both. Imprisonment for 6 months or fine of 1,000 rupees or both. Imprisonment for 2 years or fine or both.

Bailable or non-bailable

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Cognizable

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Bailable

Magistrate of the 1st class.

Ditto

Ditto

Any magistrate.

Ditto

Non-bailable

Court of session

Threatening a public servant with injury to him or one in whom he is interested, to induce him to do or forbear to Non-cognizable do any official act. Threatening any person to induce him to refrain from Imprisonment for 1 Ditto making a legal application for protection from injury. year or fine or both CHAPTER XI-FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE Giving or fabricating false evidence in a judicial Imprisonment for 7 proceeding. years and fine. Non-cognizable Giving or fabricating false evidence in any other case.

194

Giving or fabricating false evidence with intent to cause any person to be convicted of a capital offence.

195

If innocent person be thereby convicted and executed. Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment for 7 years or upwards. Using in a judicial proceeding evidence known to be

196

punishment

Cognizable or non-cognizable

By what court triable

Imprisonment for 3 years and fine. Imprisonment for life or rigorous imprisonment for 10 years and fine. Death or as above The same as for the offence

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

The same as for giving

Ditto

According as

Court by which

11

K.RAMKUMAR B.A , LL.B.,

Section

offence false or fabricated.

197

198 199

200

201

Knowingly issuing or signing a false certificate relating to any fact of which such certificate is by law admissible in evidence Using as a true certificate one known to be false in a material point False statement made in any declaration which is by law receivable as evidence

Using as true any such declaration known to be false

Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, if a capital offence If punishable with imprisonment for life or imprisonment for 10 years If punishable with less than 10 years imprisonment

202

Intentional omission to give information of an offence

punishment

Cognizable or non-cognizable

or fabricating false evidence.

Bailable or non-bailable offence of giving such evidence is bailable or nonbailable

By what court triable offence of giving or fabricating false evidence is triable Court by which offence of giving false evidence is triable

Ditto

Ditto

Bailable

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Non-cognizable

Bailable

Court by which offence of giving false evidence is triable

According as the offence in relation to which disappearance of evidence is caused is cognizable or noncognizable

Ditto

Court of session

Non-cognizable

Ditto

Magistrate of the 1st class

Ditto

Ditto

Court by which the offence is triable

Ditto

Ditto

Any magistrate

The same as for giving or fabricating false evidence

Imprisonment for 7 years and fine

Imprisonment for 3 years and fine Imprisonment for a quarter of the longest term provided for the offence, or fine, or both Imprisonment for 6 12

K.RAMKUMAR B.A , LL.B.,

Section

203 204 205

206

207

208 209 210 211

212

offence by a person legally bound to inform Giving false information respecting an offence committed Secreting or destroying any document to prevent its production as evidence False personation for the purpose of any act or proceeding in a suit or criminal prosecution, or for becoming bail or security Fraudulent removal or concealment, etc., of property to prevent its seizure as a forfeiture, or in satisfaction of a fine under sentence, or in execution of a decree Claming property without right or practicing deception touching any right to it, to prevent its being taken as a forfeiture or in satisfaction of a fine under sentence, or in execution of a decree Fraudulently suffering a decree to pass for a sum not due, or suffering decree to be executed after it has been satisfied

Cognizable or non-cognizable

Bailable or non-bailable

Ditto

Ditto

Ditto

Ditto

Ditto

Magistrate of the 1st class

Imprisonment for 3 years, or fine or both

Ditto

Ditto

Ditto

Imprisonment for 2 years, or fine or both

Ditto

Ditto

Any magistrate

Non-cognizable

Bailable

Any magistrate

Ditto

Ditto

Magistrate of the 1st class

ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Court of session

Cognizable

Bailable

Magistrate of the 1st class

Ditto

Ditto

Ditto

punishment months, or fine, or both Imprisonment for 2 years or fine or both Ditto

Imprisonment for 2 years, or fine, or both

Ditto

Imprisonment for 2 years and fine Imprisonment for 2 Fraudulently obtaining a decree for a sum not due, or causing a decree to be executed after it has been satisfied years, or fine, or both False charge of offence made with intent to injure Ditto If offence charged be punishable with imprisonment for Imprisonment for 7 7 years or upwards years and fine If offence charged be capital or punishable with Ditto imprisonment for life Imprisonment for 5 Harbouring an offender, if the offence be capital years and fine If punishable with imprisonment for life or with Imprisonment for 3 imprisonment for 10 years years and fine False claim in a court of justice

13

By what court triable

K.RAMKUMAR B.A , LL.B.,

Section

213

214

215

216

offence

punishment

Imprisonment for a quarter of the longest If punishable with imprisonment for 1 year and not for term, and of the 10 years description, provided for the offence, or fine or both Taking gift, etc., to screen an offender from punishment Imprisonment for 7 if the offence be capital years and fine If punishable with imprisonment for life or with Imprisonment for 3 imprisonment for 10 years years and fine Imprisonment for a quarter of the longest If punishable with imprisonment for less than 10 years term provided for the offence, or fine, or both Offering gift or restoration of property in consideration Imprisonment for 7 of screening offender if the offence be capital years and fine If punishable with imprisonment for life or with Imprisonment for 3 imprisonment for 10 years years Imprisonment for a quarter of the longest If punishable with imprisonment for less than 10 years term provided for the offence, or fine, or both Taking gift to help to recover movable property of which Imprisonment for 2 a person has been deprived by an offence without years or fine or both causing apprehension of offender Harbouring an offender who has escaped from custody, Imprisonment for 7 or whose apprehension has been ordered, if the offence years and fine be capital Imprisonment for 3 If punishable with imprisonment for life or with years, with or without imprisonment for 10 years fine If punishable with imprisonment for 1 year and not for Imprisonment for a 14

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Non-cognizable

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Cognizable

Bailable

Magistrate of the 1st class

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

K.RAMKUMAR B.A , LL.B.,

Section

offence 10 years

216 A 217

218

219 220

221

Harbouring robbers or dacoits Public servant disobeying a direction of law with intent to save person from punishment, or property from forfeiture public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture Public servant in a judicial proceeding corruptly making and pronouncing an order, report, verdict, or decision which he knows to be contrary to law. Commitment for trial or confinement by a person having authority, who knows that he is acting contrary to law Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender, if the offence be capital If punishable with imprisonment for life or imprisonment for 10 years If punishable with imprisonment for less than 10 years

222

Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a court of justice if under sentence of death If under sentence of imprisonment for life or imprisonment for 10 years, or upwards

Cognizable or non-cognizable

Bailable or non-bailable

Ditto

Ditto

Ditto

Non-cognizable

Ditto

Any magistrate

Imprisonment for 3 years, or fine, or both

Cognizable

Ditto

Magistrate of the 1st class

Imprisonment for 7 years, or fine, or both

Non-cognizable

Ditto

Ditto

Non-cognizable

Bailable

Magistrate of the 1st class

According as the offence in relation to which such omission has made is cognizable or non-cognizable

Ditto

Ditto

Cognizable

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Non-bailable

Court of session

Ditto

Ditto

Magistrate of the 1st class

punishment quarter of the longest term provided for the offence, or fine, or both Rigorous imprisonment for 7 years and fine Imprisonment for 2 years, or fine or both

Imprisonment for 7 years or fine or both Imprisonment for 7 years with or without fine

Imprisonment for 3 years with or without fine Imprisonment for 2 years with or without Imprisonment for life, or imprisonment for 14 years, with or without fine Imprisonment for 7 years with or without 15

By what court triable

K.RAMKUMAR B.A , LL.B.,

Section

offence

If under sentence of imprisonment for 10 years or lawfully committed to custody 223 224 225

Escape from confinement negligently suffered by a public servant Resistance or obstruction by a person to his lawful apprehension Resistance or obstruction to the lawful apprehension of any person, or, rescuing him from lawful custody If charged with an offence punishable with imprisonment for life or, imprisonment for 10 years If charged with a capital offence If the person is sentenced to imprisonment for life, or imprisonment for 10 years or upwards If under sentence of death

225 A

Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for:(A) in case of intentional omission or sufferance (B) in case of negligent omission or sufferance

225 B

227

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

Violation of condition of remission of punishment

punishment fine Imprisonment for 3 years or fine or both Simple imprisonment for 2 years or fine or both Imprisonment for 2 years, or fine or both Ditto Imprisonment for 3 years and fine Imprisonment for 7 years and fine Ditto Imprisonment for life, or imprisonment for 10 years and fine Imprisonment for 3 years, or fine or both Simple imprisonment for 2 years, or fine, or both Imprisonment for 6 months, or fine, or both Punishment of original sentence, or if part of the punishment has been undergone, the residue 16

Cognizable or non-cognizable

Bailable or non-bailable

Ditto

Bailable

Ditto

Non-cognizable

Ditto

Any magistrate

Cognizable

Bailable

Any magistrate

Ditto

Ditto

Ditto

Ditto

Non-bailable

Magistrate of the 1st class

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Court of session

Non-cognizable

Bailable

Magistrate of the 1st class

Ditto

Ditto

Any magistrate

Cognizable

Bailable

Any magistrate

Non-bailable

The court by which the original offence was triable

Ditto

By what court triable

K.RAMKUMAR B.A , LL.B.,

Section

228

228 A

229

231 232 233 234 235

236 237

offence

Intentional insult or interruption to a public servant sitting in any stage of a judicial proceeding

Disclosure of identity of the victim of certain offences, etc Printing or publication of a proceeding without prior permission of court

punishment

Cognizable or non-cognizable

Bailable or non-bailable

Simple imprisonment for 6 months, or fine of 1000 rupees, or both

Imprisonment for 2 years and fine Ditto

Non-cognizable

Bailable

The court in which the offence is committed subject to the provision of chapter XXVI

Cognizable

Ditto

Any magistrate

Ditto

Ditto

Ditto

Ditto

Magistrate of the 1st class

Non-bailable

Magistrate of 1st class

Ditto

Court of session

Non-bailable

Magistrate of the 1st class

Ditto

Court of session

Ditto

Magistrate of the 1st class

Ditto

Ditto

Ditto

Ditto

Ditto

Magistrate of

Imprisonment for 2 Ditto years, or fine or both CHAPTER XII-OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS Counterfeiting, or performing any part of the process of Imprisonment for 7 Cognizable counterfeiting coin years and fine Imprisonment for life, Counterfeiting, or performing any part of the process of or imprisonment for 10 Ditto counterfeiting Indian coin years and fine Making, buying or selling instrument for the purpose of Imprisonment for 3 Cognizable counterfeiting coin years and fine Making, buying or selling instrument for the purpose of Imprisonment for 7 Ditto counterfeiting Indian coin years and fine Possession of instrument or material for the purpose of Imprisonment for 3 Ditto using the same for counterfeiting coin years and fine Imprisonment for 10 If Indian coin Ditto years and fine The punishment Abetting, in India, the counterfeiting, out of India, of provided for abetting Ditto coin the counterfeiting of such coin within India Import or export of counterfeit coin, knowing the same Imprisonment for 3 Ditto Personation of a juror or assessor

17

By what court triable

K.RAMKUMAR B.A , LL.B.,

Section

offence to be counterfeit

238

Import or export of counterfeit of Indian coin, knowing the same to be counterfeit

239

Having any counterfeit coin known to be such when it came into possession, and delivering, etc., the same to any person

240

Same with respect to Indian coin

241

Knowingly delivering to another any counterfeit coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit

242 243 244 245 246 247 248 249 250

Possession of counterfeit coin by a person who knew it to be counterfeit when he became possessed thereof Possession of Indian coin by a person who knew it to be counterfeit when he became possessed thereof Person employed in a mint causing coin to be of a different weight or composition from that fixed by law Unlawfully taking from a mint any coining instrument Fraudulently diminishing the weight o altering the composition of any coin Fraudulently diminishing the weight or altering the composition of Indian coin Altering appearance of any coin with intent that it shall pass as a coin of a different description Altering appearance of Indian coin with intent that it shall pass as a coin of a different description Delivery to another of coin possessed with the knowledge that it is altered

punishment years and fine Imprisonment for life, or imprisonment for 10 years and fine Imprisonment for 5 years and fine Imprisonment for 10 years and fine Imprisonment for 2 years, or fine, or 10 times the value of the coin counterfeited, or both Imprisonment for 3 years and fine Imprisonment for 7 years and fine Ditto Ditto Imprisonment for 3 years and fine Imprisonment for 7 years and fine Imprisonment for 3 years and fine Imprisonment for 7 years and fine Imprisonment for 5 years and fine 18

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable the 1st class

Ditto

Ditto

Court of session

Ditto

Ditto

Magistrate of the first class

Ditto

Ditto

Court of session

Ditto

Ditto

Any magistrate

Cognizable

Non-bailable

Magistrate of the 1st class

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Magistrate of the 1st class

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Cognizable

Non-bailable

Magistrate of the 1st class

K.RAMKUMAR B.A , LL.B.,

Section 251 252 253

offence Delivery of Indian coin possessed with the knowledge that it is altered Possession of altered coin by a person who knew it to be altered when he became possessed thereof Possession of Indian coin by a person who knew it to be altered when he became possessed thereof

254

Delivery to another of coin as genuine which, when first possessed, the deliverer did not know to be altered

255

Counterfeiting a government stamp

258

Having possession of an instrument or material for the purpose of counterfeiting a government stamp Making, buying or selling instrument for the purpose of counterfeiting a government stamp Sale of counterfeit government stamp

259

Having possession of a counterfeit government stamp

256 257

260

261

Using as genuine a government stamp known to be counterfeit Effacing any writing from a substance bearing a government stamp, or removing from a document a stamp used for it, with intent to cause a loss to government

262

Using a govt stamp known to have been before used.

263

Erasure of mark denoting that stamps have been used.

263 A

Fictitious stamps.

punishment Imprisonment for 10 years and fine Imprisonment for 3 years and fine Imprisonment for 5 years and fine Imprisonment for 2 years, or fine or 10 times the value of the coin Imprisonment for life, or imprisonment for 10 years and fine Imprisonment for 7 years and fine Ditto Ditto Imprisonment for 7 years and fine Imprisonment for 7 years or fine or both Imprisonment for 3 years, or fine, or both

Imprisonment for 2 years or fine or both Imprisonment for 3 years or fine or both. Fine of 200 rupees. 19

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

Ditto

Ditto

Court of session

Ditto

Ditto

Magistrate of the 1st class

Ditto

Ditto

Ditto

Ditto

Ditto

Any magistrate

Ditto

Ditto

Court of session

Ditto

Ditto

Magistrate of the 1st class

Ditto

Ditto

Ditto

Ditto

Ditto

Cognizable

Bailable

Ditto Magistrate of the 1st class

Ditto

Ditto

Ditto

Ditto

Non-bailable

Ditto

Ditto

Ditto

Any magistrate

Ditto

Ditto

Any magistrate

Ditto

Ditto

Any magistrate

K.RAMKUMAR B.A , LL.B.,

Section

offence

punishment

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

CHAPTER XIII-OFFENCES RELATING TO WEIGHTS AND MEASURES Imprisonment for 1 264 Fraudulent use of false instrument for weighing. Non-cognizable Bailable Any magistrate year or fine or both. 265 Fraudulent use of false weight or measure Ditto Ditto Ditto Ditto 266 Being in possession of false weights for fraudulent use. Ditto Ditto Ditto Ditto Making or selling false weights or measures for 267 Ditto Cognizable Non-bailable Ditto fraudulent use. CHAPTER XIV-OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS Negligently doing any act known to be likely to spread Imprisonment for 6 269 Cognizable Bailable Any magistrate infection of any disease dangerous to life. months or fine or both. Malignantly doing any act known to be likely to spread Imprisonment for 2 270 Ditto Ditto Ditto infection of any disease dangerous to life. years or fine or both. Imprisonment for 6 271 Knowingly disobeying any quarantine rule. Non-cognizable Ditto Ditto months or fine or both. Imprisonment for 6 Adulterating food or drink intended for sale, so as to 272 months or fine of 1,000 Ditto Ditto Ditto make the same noxious. rupees or both. Selling any food or drink as food and drink, knowing the 273 Ditto Ditto Ditto Ditto same to be noxious. Adulterating any drug or medical preparation intended 274 for sale as to lessen its efficacy or to change its operation Ditto Ditto Ditto Ditto or to make it noxious. Offering for sale or issuing from a dispensary any drug 275 Ditto Ditto Ditto Ditto or medical preparation known to have been adulterated. Knowingly selling or issuing from a dispensary any drug 276 or medical preparation as a different drug or medical Ditto Ditto Ditto Ditto preparation. (UTTAT PRADESH) STATE AMENDMENTS (Sections 272 TO 276) Adulterating food or drink intended for sale, knowing imprisonment for life, 272 Cognizable Non-bailable Ditto the same noxious with or without fine 273 Selling any food or drink as food and drink, knowing the Ditto Ditto Ditto Court of session 20

K.RAMKUMAR B.A , LL.B.,

Section

274 275 276 272 273 274 275 276 277 278 279 280 281

offence

punishment

same to be noxious Adulterating any drug or medical preparation intended for sale so as to lesson its efficacy, or to change its Ditto operation, or to make it noxious Offering for sale or issuing from a dispensary any drug Ditto or medical preparation known to have been adulterated Knowingly selling or issuing from a dispensary any drug or medical preparation as a different drug or medical Ditto preparation Adulterating food or drink intended for sale, so as to Imprisonment for life, make the same noxious with or without fine Selling any food or drink, as food and drink, knowing Ditto the same to be noxious Adulterating any drug or medical preparation intended for sale so as to lesson its efficacy, or to change its Ditto operation, or to make it noxious Offering for sale or issuing from a dispensary any drug Ditto or medical preparation known to have been adulterated Knowingly selling or issuing from a dispensary any drug Ditto or medical preparation known to have been adulterated Imprisonment for 3 Defiling the water of a public spring or reservoir months, or fine 500 rupees, or both Making atmosphere noxious to health Fine of 500 rupees Imprisonment for 6 Driving or riding on a public way so rashly not months, of fine of 1000 negligently as to endanger human life, etc rupees, or both Navigating any vessel so rashly or negligently as to Ditto endanger human life, etc. Imprisonment for 7 Exhibition of a false light, mark or buoy years, or fine, or both 21

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Cognizable

Non-bailable

Court of session

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Cognizable

Bailable

Any magistrate

Ditto

Ditto

Ditto

Ditto

Ditto

Magistrate of the 1st class

K.RAMKUMAR B.A , LL.B.,

Section

offence

282 283

Causing danger, obstruction or, injury in any public way or line of navigation

284

Dealing with any poisonous substance so as to endanger human life, etc

290

Dealing with fire or any combustible matter so as to endanger human life, etc., So dealing with any explosive substance So dealing with any machinery A person omitting to guard against probable danger to human life by the fall of any building over which he has a right entitling him to pull it down or repair it A person omitting to take order with any animal in his possession, so as to guard against danger to human life, or of grievous hurt, from such animal Committing a public nuisance

291

Continuance of nuisance after injunction to discontinue

292

Sale, etc., of obscene books, etc.,

286 287 288

289

(TAMIL NADU)

Bailable or non-bailable

Ditto

Ditto

Any magistrate

Ditto

Ditto

Ditto

Imprisonment for 6 months, or fine of 1000 rupees or both

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto Ditto

Ditto Non-cognizable

Ditto Ditto

Ditto Ditto

Ditto

Ditto

Ditto

Ditto

Cognizable

Bailable

Any magistrate

Non-cognizable

Ditto

Ditto

Cognizable

Ditto

Ditto

Ditto

Ditto

Ditto

punishment

Conveying for hire any person by water, in a vessel in such a state, or so loaded, as to endanger his life

285

Cognizable or non-cognizable

Imprisonment for 6 months, or fine of 1000 rupees, or both Fine of 200 rupees

Imprisonment for 6 months, or fine of 1000 rupees or both Fine of 200 rupees Simple imprisonment for 6 months, or fine, or both On first conviction, with imprisonment for 2 years, and with fine of 2000 rupees and, in the event of second or subsequent conviction, with imprisonment for five years and with fine of 5000 rupees

By what court triable

STATE AMENDMENTS 22

K.RAMKUMAR B.A , LL.B.,

Section

292 A

293

294 294 A

295 295 A 296

297

298

offence

punishment

Cognizable or non-cognizable

Imprisonment of either description for 2 years, Non-cognizable or fine, or both On first conviction with imprisonment for 3 years, and fine of 2000 years and in the event Sale etc., of obscene objects to young persons of second or Cognizable subsequent conviction, with imprisonment for 7 years, and with fine of 5000 rupees Imprisonment for 3 Obscene songs Cognizable months, or fine, or both Imprisonment for 6 Keeping a lottery office Non-cognizable months, or fine, or both Publishing proposals relating to lotteries Fine of 1000 rupees Ditto CHAPTER XV-OFFENCES RELATING TO RELIGION Destroying, damaging or defiling a place of worship or Imprisonment for 2 sacred object with intent to insult the religion of any years or fine or both Cognizable class of persons Maliciously insulting the religion or the religious beliefs Imprisonment for 3 Ditto of any class years, or fine, or both Causing a disturbance to an assembly engaged in Imprisonment for 1 Cognizable religious worship year, or fine or both Trespassing in place of worship or sepulcher, disturbing funeral with intention to wound the feelings or to insult Ditto Ditto the religion of any person, or offering indignity to a human corpse Uttering any word or making any sound in the hearing or making any gesture, or placing any object in the sight of Ditto Non-cognizable any person, with intention to wound his religious Printing etc., of grossly indecent or scurrilous matter or matter intended for blackmail

23

Bailable or non-bailable

By what court triable

Bailable

Any magistrate

Ditto

Ditto

Bailable

Any magistrate

Ditto

Ditto

Ditto

Ditto

Non-bailable

Any magistrate

Ditto

Magistrate of the 1st class

Bailable

Any magistrate

Ditto

Ditto

Ditto

Ditto

K.RAMKUMAR B.A , LL.B.,

Section

offence

punishment

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

Cognizable

Non-bailable

Court of session

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Cognizable

Bailable

Magistrate of the 1st class

Ditto

Non-bailable

Court of session

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

feelings (ANDHRA PRADESH) 302 303 304

304 A

304 B

305

306 307

308

STATE AMENDMENTS Death or imprisonment Murder for life and fine Murder by a person under sentence of imprisonment for Death life Culpable homicide not amounting to murder, if act by Imprisonment for life, which the death is caused is done with intention of or imprisonment for 10 causing death, etc., years and fine If act is done with knowledge that it is likely to cause Imprisonment for 10 death, but without any intention to cause death, etc years or fine or both Imprisonment for 2 Causing death by rash or negligent act years, or fine or both Imprisonment of not less than 7 years but Dowry death which may extend to imprisonment for life Death or imprisonment Abetment of suicide committed by child or insane or for life or delirious person or an idiot, or a person intoxicated imprisonment for 10 years and fine Imprisonment for 10 Abetting the commission of suicide years and fine Attempt to murder Ditto Imprisonment for life If such act causes hurt to any person or imprisonment for 10 years and fine Death or imprisonment Attempt by life-convict to murder, if hurt is caused for 10 years and fine Imprisonment for 3 Attempt to commit culpable homicide years or fine of both 24

K.RAMKUMAR B.A , LL.B.,

Section

offence If such act causes hurt to any person

309

Attempt to commit suicide

311

Being a thug

312

Causing miscarriage If the woman be quick with child

313

Causing miscarriage without woman’s consent

314

Death caused by an act done with intent to cause miscarriage If act done without woman’s consent

315 316 317

318

Act done with intent to prevent a child being born alive, or to cause it to die after its birth Causing death of a quick unborn child by an act amounting to culpable homicide Exposure of a child under 13 years of age by parent or person having care of it with intention of wholly abandoning it Concealment of birth by secret disposal of dead body.

323

Voluntarily causing hurt.

324

Voluntarily causing hurt by dangerous weapons or means.

punishment Imprisonment for 7 years or fine or both Simple imprisonment for1 year or fine or both Imprisonment for life and fine Imprisonment for 3 years and fine or both Imprisonment for 7 years and fine Imprisonment for life or imprisonment for 10 years and fine Imprisonment for 10 years and fine Imprisonment for life or as above Imprisonment for 10 years or fine or both Imprisonment fo10 years of fine or both Imprisonment for 7 years, or fine or both Imprisonment for 2 years or fine or both. Imprisonment for 1 year or fine of 1,000 rupees or both. Imprisonment for 3 years or fine or both. 25

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

Ditto

Ditto

Ditto

Ditto

Bailable

Any magistrate

Ditto

Non-bailable

Court of session

Non-cognizable

Bailable

Non-cognizable

Bailable

Cognizable

Non-bailable

Court of session

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Bailable

Magistrate of the 1st class

Ditto

Ditto

Ditto

Non-cognizable

Ditto

Any magistrate

Cognizable

Ditto

Ditto

Magistrate of 1st class Magistrate of the 1st class

K.RAMKUMAR B.A , LL.B.,

Section 325 326

327 328

329

330 331 332 333 334

335

336 337

offence

punishment

Imprisonment for 7 years and fine. Imprisonment for life Voluntarily causing grievous hurt by dangerous weapons or imprisonment for 10 or means. years and fine. Voluntarily causing hurt to extort property or a valuable Imprisonment for 10 security or to constrain to do anything which is illegal or years and fine. which may facilitate the commission of an offence. Administering stupefying drug with intent to cause hurt, Ditto etc. Voluntarily causing grievous hurt to extort property or a Imprisonment for life valuable security or to a constraint to do anything which or imprisonment for 10 is illegal or which may facilitate the commission of an years and fine. offence. Voluntarily causing hurt to extort confession or Imprisonment for 7 information or to compel restoration of property, etc. years and fine. Voluntarily causing grievous hurt to extort confession or Imprisonment for 10 information or to compel restoration of property, etc. years and fine. Voluntarily causing hurt to deter public servant from his Imprisonment for 3 duty. years or fine or both. Voluntarily causing grievous hurt to deter public servant Imprisonment for 10 from his duty. years and fine. Voluntarily causing hurt on grave and sudden Imprisonment for 1 provocation, not intending to hurt any other than the month or fine of 500 person who gave the provocation. rupees or both. Causing grievous hurt on grave and sudden provocation, Imprisonment for 4 not intending to hurt any other than the person who gave years or fine of 2,000 the provocation. rupees or both. Imprisonment for 3 Doing any act which endangers human life or the months or fine of 250 personal safety of others. rupees or both. Causing grievous hurt by an act which endangers human Imprisonment for 6 Voluntarily causing grievous hurt.

26

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

Ditto

Ditto

Ditto

Cognizable

Non-bailable

Magistrate of the first class

Ditto

Ditto

Ditto

Ditto

Ditto

Court of session.

Ditto

Ditto

Ditto

Ditto

Bailable

Ditto

Non-bailable

Ditto

Bailable

Ditto

Non-bailable

Non-cognizable

Bailable

Any magistrate

Cognizable

Ditto

Magistrate of the first class.

Ditto

Ditto

Any magistrate.

Ditto

Ditto

Ditto

Magistrate of the first class. Court of session. Magistrate of the first class. Court of session.

K.RAMKUMAR B.A , LL.B.,

Section

offence life, etc.

338

Causing grievous hurt by an act which endangers human life, etc.

341

Wrongfully restraining any person.

342

Wrongfully confining any person.

343

Wrongfully confining for 3 more days.

344

Wrongfully confining for 10 or more days.

345

Keeping any person in wrongful confinement, knowing that a writ has been issued for his liberation.

346 347 348

Wrongful confinement in secret. Wrongful confinement for the purpose of extorting property or constraining to an illegal act, etc. Wrongful confinement for the purpose of extorting confession or information or of compelling restoration of property, etc.

punishment months or fine of 500 rupees or both. Imprisonment for 2 years or fine of 1,000 rupees or both. Simple imprisonment for 1 month or fine of 500 rupees or both. Imprisonment for 1 year or fine of 1,000 rupees or both. Imprisonment for 2 years or fine or both. Imprisonment for 3 years and fine. Imprisonment for 2 years in addition to imprisonment under any other section. Ditto Imprisonment for 3 years and fine. Ditto

Imprisonment for 3 months or fine of 500 rupees or both. Assault or use of criminal force to deter a public servant Imprisonment for 2 353 from discharge of his duty. years or fine or both. (ANDHRA PRADESH) STATE AMENDMENTS (Sections 354 AND 355) 354 Assault or use of criminal force to a woman with intent Ditto 27 352

Assault or use of criminal force otherwise than on grave provocation.

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

Ditto

Ditto

ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Cognizable

Bailable

Magistrate of the first class.

Ditto

Ditto

Ditto

Ditto

Ditto

Any magistrate

Ditto

Ditto

Ditto

Non-cognizable

Ditto

Ditto

Cognizable

Ditto

Ditto

Ditto

Ditto

Ditto

K.RAMKUMAR B.A , LL.B.,

Section

355 354 355 356

offence to outrage her modesty. Assault or criminal force with intent to dishonour a person, otherwise than on grave and sudden provocation. Assault or use of criminal force to a woman with intent to outrage her modesty. Assault or criminal force with intent to dishonour a person, otherwise than on grave and sudden provocation. Assault or criminal force in attempt to commit theft of property worn or carried by a person.

357

Assault or use of criminal force in attempt wrongfully to confine a person.

358

Assault or use of criminal force on grave and sudden provocation.

363

Kidnapping

(UTTAR PRADESH) STATE AMENDMENT Kidnapping or obtaining the custody of a minor in order 363 A that such minor may be employed or used for purposes of begging Maiming a minor in order that such minor may be employed or used for purposes of begging Kidnapping or obtaining the custody of a minor in order 363 A that such minor may be employed that such minor may be employed or used for purposes of begging Maiming a minor in order that such minor may be employed or used for purposes of begging 364

Kidnapping or abducting in order to murder

punishment

Cognizable or non-cognizable

Bailable or non-bailable

Ditto

Non-cognizable

Ditto

Ditto

Cognizable

Non-bailable

Court of session.

Non-cognizable

Bailable

Any magistrate.

Cognizable

Bailable

Any magistrate.

Non-cognizable

Ditto

Ditto

Non-cognizable

Ditto

Ditto

Cognizable

Ditto

Magistrate of the 1st class.

Imprisonment for 10 years and fine

Ditto

Non-bailable

ditto

Imprisonment for life and fine

Cognizable

Non-bailable

Court of session

Imprisonment for 10 years and fine

Cognizable

Non-bailable

Magistrate of the 1st class

Ditto

Ditto

Court of session

Ditto

Ditto

Ditto

Imprisonment for 7 years and fine. Imprisonment for 2 years or fine or both. Imprisonment for 2 years or fine or both. Imprisonment for 1 year or fine of 1,000 rupees or both. Simple imprisonment for 1 month or fine of 200 rupees or both. Imprisonment for 7 years, and fine.

Imprisonment for life and fine Imprisonment for life, or rigorous imprisonment for 10 years and fine 28

By what court triable

K.RAMKUMAR B.A , LL.B.,

Section 364 A 365 366 366 A 366 B 367

368

offence Kidnapping for reason etc, Kidnapping or abducting with intent secretly and wrongfully to confine a person Kidnapping or abducting a woman to compel her marriage or to cause her defilement etc Procuration of minor girl Importation of girl from foreign country Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc Concealing or keeping in confinement a kidnapped person

370

Kidnapping or abducting a child with intent to take property from the person of such child Buying or disposing of any person as slave

371

Habitual dealing in slaves

369

372 373

Selling or letting to hire a minor for purposes of prostitution etc Buying or obtaining possession of a minor for the same purposes

374

Unlawful compulsory labour

376

Rape Intercourse by a man with his wife not being under 12 years of age

punishment Death, or imprisonment for life, and fine Imprisonment for 7 years and fine Imprisonment for 10 years and fine Ditto Ditto Ditto Punishment for kidnapping or abduction Imprisonment for 7 years and fine Ditto Imprisonment for life or imprisonment for 10 years and fine Imprisonment for 10 years and fine Ditto Imprisonment for 1 year or fine or both Imprisonment for life or imprisonment for 10 years and fine Imprisonment for 2 years or fine or both 29

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

Ditto

Ditto

Ditto

Ditto

Ditto

Magistrate of the 1st class

Cognizable

Non-bailable

Court of session

Ditto Ditto

Ditto Ditto

Ditto Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Non-cognizable

Bailable

Court by which the kidnapping or abduction is triable Magistrate of the 1st class Ditto

Cognizable

Non-bailable

Court of session

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Non-bailable

Court of session

Ditto

Non-bailable

Court of session

Non-cognizable

Bailable

Court of session

K.RAMKUMAR B.A , LL.B.,

Section 376 A

offence Intercourse by a man with his wife during separation

376 B

Intercourse by public servant with woman in his custody

376 C

Intercourse by superintendent of jail, remand home, etc Intercourse by manager etc, of a hospital with any woman in that hospital

376 D 377

379 380 381

382

384 385 386

punishment Imprisonment for 2 years and fine

Cognizable or non-cognizable

Bailable or non-bailable

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Non-bailable

Magistrate of the 1st class

Non-bailable

Any magistrate

Ditto

Ditto

Ditto

Ditto

Ditto

Magistrate of the 1st class

Non-bailable

Any magistrate

Bailable

Ditto

Non-bailable

Magistrate of the 1st class

Ditto

Cognizable (but no arrest shall be made without a warrant or without an order of a magistrate) Ditto

Ditto

Ditto

Imprisonment for 5 years and fine

Imprisonment for life or imprisonment for 10 Cognizable years and fine CHAPTER XVII-OFFENCES AGAINST PROPERTY Imprisonment for 3 Theft Cognizable years or fine or both Imprisonment for life Theft in a building, tent or vessel or imprisonment for 10 Ditto years and fine Theft by clerk or servant of property in possession of Ditto Ditto master or employer Theft, after preparation having been made for causing Rigorous imprisonment death or hurt, or restraint or fear or death, or of hurt or of for 10 years and fine restraint, in order to the committing of such theft, or to Ditto retiring after committing it, or to retaining property taken by it. Imprisonment for 3 Extortion Cognizable years or fine or both Putting or attempting to put in fear of injury, in order to Imprisonment for 2 Ditto commit extortion years or fine or both Extortion by putting a person in fear of death or grievous Imprisonment for 10 Ditto hurt years and fine Unnatural offences

30

By what court triable

K.RAMKUMAR B.A , LL.B.,

Section

387

388

389

offence Putting or attempting to put a person in fear of death or grievous in fear of death or grievous hurt in order to commit extortion Extortion by threat of accusation of an offence punishable with death, imprisonment for life, or imprisonment for to years If the offence threatened be an unnatural offence Putting a person in fear of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 years in order to commit extortion If the offence be an unnatural offence

392

Robbery If committed on the highway between sunset and sunrise

393

Attempt to commit robbery

394

Person voluntarily causing hurt in committing or attempting to commit robbery, or any other person jointly concerned in such robbery

395

Dacoity

396

Murder in dacoity

397 398 399

Robber or dacoity, with attempt to cause death or grievous hurt Attempt to commit robbery or dacoity when armed with deadly weapons Making preparation to commit dacoity

Cognizable or non-cognizable

Bailable or non-bailable

Imprisonment for 7 years and fine

Ditto

Ditto

Ditto

Imprisonment for 10 years and fine

Ditto

Bailable

Ditto

Imprisonment for life

Ditto

Ditto

Ditto

Imprisonment for 10 years and fine

Ditto

Ditto

Ditto

Imprisonment for life

Cognizable

Bailable

Magistrate of the 1st class

Ditto

Non-bailable

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Court of session

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Rigorous imprisonment 31

Ditto

Ditto

Ditto

punishment

Rigorous imprisonment for 10 years and fine Rigorous imprisonment for 14 years and fine Rigorous imprisonment for 7 years and fine Imprisonment for life or rigorous imprisonment for 10 years and fine Ditto Death, imprisonment for life or rigorous imprisonment for 10 years and fine Rigorous imprisonment for not less than 7 years

By what court triable

K.RAMKUMAR B.A , LL.B.,

Section

400

401 402 403

404

offence

Belonging to a gang of persons associated for the purpose of habitually committing dacoity Belonging to a wandering gang of persons associated for the purpose of habitually committing thefts Being one of five or more persons assembled for the purpose of committing Dacoity Dishonest misappropriation of movable property, or converting it to one’s own use Dishonest misappropriation of property, knowing that it was in possession of a deceased person at his death, and that it has not since been in the possession of any person legally entitled to it. If by clerk or person employed by deceased

406

Criminal breach of trust

407

Criminal breach of trust by a carrier, wharfinger, etc

408

Criminal breach of trust by a clerk or servant

409

Criminal breach of trust by public servant or by banker, merchant or agent, etc.

411

Dishonestly receiving stolen property knowing it to be stolen

412

Dishonestly receiving stolen property, knowing that it was obtained by dacoity

413

Habitually dealing in stolen property

punishment for 10 years and fine Imprisonment for life or rigorous imprisonment for 10 years and fine Rigorous imprisonment for 7 years and fine Ditto Imprisonment for 2 years or fine or both Imprisonment for 3 year and fine Imprisonment for 7 years and fine Imprisonment for 7 years or both Imprisonment for 7 years and fine Ditto Imprisonment for life or imprisonment for 10 years and fine Imprisonment for 3 years or fine or both Imprisonment for life or imprisonment for 10 years and fine Imprisonment for life or imprisonment for 10 32

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

Ditto

Ditto

Ditto

Cognizable

Non-bailable

Magistrate of the 1st class

Ditto

Ditto

Ditto

Ditto

Ditto

Court of session

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Cognizable

Non-bailable

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Cognizable

Non-bailable

Any magistrate

Ditto

Ditto

Court of session

Ditto

Ditto

Ditto

K.RAMKUMAR B.A , LL.B.,

Section

offence

414

Assisting in concealment or disposal of stolen property, knowing it to be stolen

417

Cheating

418 419 420 421 422 423

424

426 427 428

429

Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect Cheating by personation Cheating and thereby dishonestly including delivery of property, or the making, alteration or destruction of a valuable security Fraudulent removal or concealment of property, etc., to prevent distribution among creditors Fraudulently preventing from being made available for his creditors a debt or demand due to the offender Fraudulent execution of deed of transfer containing a false statement of consideration Fraudulent removal or concealment of property of himself or any other person or assisting in the doing thereof, or dishonestly releasing any demand or claim to which he is entitled Mischief

Cognizable or non-cognizable

Bailable or non-bailable

Ditto

Ditto

Any magistrate

Non-cognizable

Bailable

Ditto

Ditto

Ditto

Ditto

Cognizable

Ditto

Ditto

Ditto

Non-bailable

Magistrate of the 1st class

Non-cognizable

Bailable

Any magistrate

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Cognizable

Ditto

Ditto

Ditto

Ditto

Magistrate of the 1st class

punishment years and fine Imprisonment for 3 years or fine or both Imprisonment for 1 year or fine or both Imprisonment for 1 year or fine or both Ditto Imprisonment for 7 years and fine Imprisonment for 2 years, or fine or both Imprisonment for 2 years, or fine, or both

Imprisonment for 3 months, or fine, or both Imprisonment for 2 years, or fine, or both

Mischief, and thereby causing damage to the amount of 50 rupees or upwards Mischief by killing, poisoning, maiming or rendering Ditto useless any animal of the value of 10 rupees or upwards Mischief by killing poisoning, maiming or rendering Imprisonment for 5 useless any elephant, camel, horse, etc., whatever may years or fine or both be its value or any other animal of the value of 50 rupees or upwards 33

By what court triable

K.RAMKUMAR B.A , LL.B.,

Section 430 431 432 433 434 435

offence Mischief by causing diminution of supply of water for agricultural purposes, etc Mischief by injury to public road, bridge, navigable river, or navigable channel and rendering it impassable or less safe for traveling or conveying property Mischief by causing inundation or obstruction to public drainage attended with damage Mischief by destroying or moving or rendering less useful a lighthouse or sea-mark, or by exhibiting false lights Mischief by destroying or moving, etc., a landmark fixed by public authority Mischief by fire or explosive substance with intent to cause damage to an amount of 100 rupees or upwards, or, in case of agricultural produce, 10 rupees or upwards

436

Mischief by fire or explosive substance with intent to destroy house, etc.,

437

Mischief with intent to destroy or make unsafe a decked vessel or a vessel of 20 tonnes burden

438

The mischief described in the last section when committed by fire or any explosive substance

439

Running vessel ashore with intent to commit theft, etc.,

440

Mischief committed after preparation make for causing death, or hurt, etc.

447

Criminal trespass

448

House-trespass

punishment

Cognizable or non-cognizable

Bailable or non-bailable

Ditto

Ditto

Ditto

Ditto

Cognizable

Bailable

Magistrate of the 1st class

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Non-cognizable

Ditto

Any magistrate

Cognizable

Ditto

Magistrate of the 1st class

Ditto

Non-bailable

Court of session

Ditto

Ditto

Ditto

Cognizable

Non-cognizable

Court of session

Ditto

Ditto

Ditto

Ditto

Bailable

Magistrate of the 1st class

Ditto

Ditto

Any magistrate

Ditto

Ditto

Ditto

Imprisonment for 5 years, or fine, or both Ditto Imprisonment for 7 years, or fine, or both Imprisonment for 1 year, or fine, or both Imprisonment for 7 years and fine Imprisonment for life, or imprisonment for 10 years and fine Imprisonment for 10 years and fine Imprisonment for life, or imprisonment for 10 years and fine Imprisonment for 10 years and fine Imprisonment for 5 years and fine Imprisonment for 3 years or fine of 500 rupees or both Imprisonment for 1 year or fine of 1000 34

By what court triable

K.RAMKUMAR B.A , LL.B.,

Section

449 450 451 452

offence

House-trespass in order to the commission of an offence punishable with death House-trespass in order to the commission of an offence punishable with imprisonment for life House-trespass in order to the commission of an offence punishable with imprisonment if the offence is theft House-trespass, having made preparation for causing hurt, assault, etc

453

Lurking house trespass or house-breaking

454

Lurking house-trespass of house-breaking in order to the commission of an offence punishable with imprisonment. If the offence be theft

455

Lurking house-trespass or house breaking after preparation made for causing hurt, assault, etc.

456

Lurking house-trespass or house-breaking by night

457

Lurking house-trespass or house-breaking by night in order to the commission of an offence punishable with imprisonment If the offence is theft

punishment rupees or both Imprisonment for life or imprisonment for 10 years and fine Imprisonment for 10 years and fine Imprisonment for 7 years and fine Ditto Imprisonment for 2 years and fine Imprisonment for 3 years and fine Imprisonment for 10 years and fine Ditto Imprisonment for 3 years and fine Imprisonment for 5 years and fine Imprisonment for 14 years and fine

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

Ditto

Non-bailable

Court of session

Ditto

Bailable

Any magistrate

Ditto

Non-bailable

Ditto

Ditto

Ditto

Ditto

Cognizable

Non-bailable

Any magistrate

Ditto

Ditto

Ditto

Ditto

Ditto

Magistrate of the 1st class

Ditto

Ditto

Ditto

Ditto

Ditto

Any magistrate

Ditto

Ditto

Magistrate of the 1st class

Ditto

Ditto

Ditto

458

Lurking house-trespass or house-breaking by night, after preparation made for causing hurt, etc.

Ditto

Ditto

Ditto

Ditto

459

Grievous hurt caused whilst committing lurking housetrespass or house-breaking

Imprisonment for life or imprisonment for 10 years and fine

Ditto

Ditto

Court of session

35

K.RAMKUMAR B.A , LL.B.,

Section 460 461 462

465 466 467

468 469 471

472

473

offence

punishment

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

Death or grievous hurt caused by one of several persons Ditto Ditto Ditto Ditto jointly concerned in house-breaking by night, etc. Dishonestly breaking open or unfastening any closed Imprisonment for 2 Cognizable Non-bailable Any magistrate receptacle containing or supposed to containing property years or fine or both Being entrusted with any closed receptacle containing or Imprisonment for 3 supposed to contain any property, and fraudulently Ditto Bailable Ditto years or fine or both opening the same CHAPTER XVIII-OFFENCES RELATING TO DOCUMETNS AND TO PROPERTY MARKS Imprisonment for 2 Magistrate of Forgery Non-cognizable Bailable years or fine or both the 1st class Forgery of a record of a court of justice or of a registrar Imprisonment for 7 Ditto Non-bailable Ditto of births, etc., kept by a public servant years and fine Forgery of a valuable security, will or authority to make Imprisonment for life, or transfer any valuable security or to receive any or imprisonment for 10 Ditto Ditto Ditto money, etc., years and fine When the valuable security is a promissory note of the Ditto Cognizable Ditto Ditto central government Imprisonment for 7 Forgery for the purpose of cheating Ditto Ditto ditto years and fine Forgery for the purpose of harming the reputation of any Imprisonment for 3 person of knowing that it is likely to be used for that Ditto Bailable Ditto years and fine purpose Using as genuine a forged document which is known to Punishment for forgery Magistrate of Cognizable Bailable be forged of such document the 1st class When the forged document is a promissory note of the Ditto Ditto Ditto Ditto central government Making or counterfeiting a seal plate, et., with intent to Imprisonment for life commit a forgery punishable under section 467 of the or imprisonment for 7 Ditto Ditto Ditto Indian penal code, or possessing with like intent any years and fine such seal plate, etc., knowing the same to be counterfeit Making or counterfeiting a seal, plate, etc., with intent to Imprisonment for 7 Ditto Ditto Ditto commit a forgery punishable otherwise than under years and fine K.RAMKUMAR B.A , LL.B., 36

Section

474

offence section 467 of the Indian penal code, or possessing with like intent any such seal plate, et., knowing the same to be counterfeit Having possession of a document, knowing it to be forged, with intent to use it as genuine, if the document is one of the description mentioned in section 466 of the India penal code If the document is one of the description mentioned in section 467 of the Indian penal code

475

476

477 477 A 482 483 484

485

Counterfeiting a device or mark used for authenticating documents described in section 467 of the Indian penal code, or possessing counterfeit marked material Counterfeiting a device or mark used for authenticating documents other than those described in section 467 of the Indian penal code, or possessing counterfeit marked material Fraudulently destroying or defacing, or attempting to destroy or deface, or secreting, a will, etc., Falsification of accounts Using a false property mark with intent to deceive or injure any person Counterfeiting property mark used by another with intent to cause damage or injury Counterfeiting a property mark used a public servant, or any mark used by him to denote the manufacture, quality, etc., of any property Fraudulently marking or having possession of any die, plate or other instrument for counterfeiting any public or private property mark

Cognizable or non-cognizable

Bailable or non-bailable

Ditto

Ditto

Ditto

Non-cognizable

Bailable

Magistrate of the 1st class

Ditto

Ditto

Ditto

Ditto

Non-bailable

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Any magistrate

Ditto

Ditto

Ditto

Imprisonment for 3 years and fine

Ditto

Bailable

Magistrate of the 1st class

Imprisonment for 3 years or fine or both

Non-cognizable

Bailable

Magistrate of the 1st class

punishment

Imprisonment for 7 year and fine Imprisonment for life, or imprisonment for8 years and fine Ditto

Imprisonment for 7 years and fine Imprisonment for life or imprisonment for 7 years and fine Imprisonment for 7 years fine or both Imprisonment for 1 years or fine or both Imprisonment for 2 years or fine or both

37

By what court triable

K.RAMKUMAR B.A , LL.B.,

Section 486

487 488 489 489 A 489 B 489 C 489 D 489 E 490

491

493 494

offence Knowingly selling goods marked with a counterfeit property mark Fraudulently marking a false mark upon any package or receptacle containing goods, with intent to cause it to be believed that it contains goods which it does not contain, etc., Making use of any such false mark Removing destroying or defacing property mark with intent to cause injury Counterfeiting currency-notes or bank-notes

Cognizable or non-cognizable

Bailable or non-bailable

Imprisonment for 1 year or fine or both

Ditto

Ditto

Any magistrate

Imprisonment for 3 years or fine or both

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Cognizable

Non-bailable

Court of session

Ditto

Ditto

Bailable

Court of session

Non-bailable

Ditto

Bailable

Any magistrate

Ditto

Ditto

Bailable

Any magistrate

Non-bailable

Magistrate of the 1st class

Bailable

Ditto

punishment

Ditto Imprisonment for 1 year or fine or both Imprisonment for life or imprisonment for 10 years and fine

Using a genuine forged or counterfeit currency-notes or Ditto Ditto bank-notes Possession of forged or counterfeit currency-notes or Imprisonment for 7 Cognizable bank-notes years or fine or both Making or possessing machinery, instrument or material Imprisonment for life for forging or counterfeiting currency-notes or or imprisonment for 10 Ditto bank0notes years and fine Making or using documents resembling currency Fine of 100 rupees Non-cognizable On refusal to disclose the name and address of the Fine of 200 rupees Ditto printer CHAPTER XIX-CRIMINAL BREACH OR CONTRACTS OR SERVICE Being bound to attend on or supply the wants of a person Imprisonment for 3 who is helpless from youth, unsoundness of mind or months or fine of 200 Non-cognizable disease, and voluntarily omitting to do so rupees or both CHAPTER XX-OFFENCES RELATING TO MARRIAGE A man by deceit causing a woman not lawfully married Imprisonment for 10 to him to believe that she is lawfully married to him and Non-cognizable years and fine to cohabit with him in that belief Marrying again during the life time of a husband or wife Imprisonment for 7 Ditto 38

By what court triable

K.RAMKUMAR B.A , LL.B.,

Section

offence

punishment

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

Non-cognizable

Bailable

Magistrate of the 1st class

Ditto

Non-bailable

Ditto

Ditto

Ditto

Ditto

Ditto

Ditto

Any magistrate

Cognizable if information relating to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there in no such relative, by any public servant belonging to such class or category as may be notified by the state government in this behalf

Non-bailable

Magistrate of the 1st class

Non-cognizable

Bailable

Court of session

years and fine Same offence with concealment of the former marriage Imprisonment for 10 495 from the person with whom subsequent marriage is years and fine contracted A person with fraudulent intention going through the Imprisonment for 7 496 ceremony of being married knowing that he is not years and fine thereby lawfully married (ANDHRA PRADESH) STATE AMENDMENTS Imprisonment for 5 497 Adultery years or fine or both Enticing or taking away or detaining with a criminal Imprisonment for 2 498 intent a married woman years or fine or both

498 A

500

A punishment for subjecting a married woman to cruelty

Imprisonment for 3 years and fine

CHAPTER XXI-DEFAMATION Defamation against the president or the vice-president or Simple imprisonment 39

K.RAMKUMAR B.A , LL.B.,

Section

offence the governor of a state or administrator of a union territory or a minister in respect of his conduct in the discharge of his public functions when instituted upon a complain made by the public prosecutor Defamation in any other case

501 (a)

501 (b)

502 (a)

502 (b)

504 505

punishment

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

Ditto

Ditto

Magistrate of the 1st class

Ditto

Court of session

Ditto

Magistrate of the 1st class

Ditto

Court of session

Bailable

Magistrate of the 1st class

Bailable

Any magistrate

Non-bailable

Ditto

Ditto

ditto

Ditto

Ditto

for 2 years or fine or both

Ditto

Printing or engraving matter knowing it to be defamatory against the president or the vice-president or the governor of a state or administrator of a union Ditto Ditto territory or a minister in respect of his conduct in the discharge of his public function when instituted upon a complaint made by the public prosecutor Printing or engraving matter knowing it to be Ditto Ditto defamatory in any other case Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter against the president or the vice-president or the governor of a union territory or a minister in respect of Ditto Ditto his conduct in the discharge of his public functions when instituted upon a complaint made by the public prosecutor Sale of printed or engraved substance containing Simple imprisonment defamatory matter, knowing it to contain such matter in for 2 years or fine or Non-cognizable any other case both CHAPTER XXII-CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE Imprisonment for 2 Insult intended to provoke breach of the peace Non-cognizable years or fine or both False statement, rumour, etc., circulated with intent to Imprisonment for 3 Ditto cause mutiny or offence against the public peace years or fine or both False statement, rumour, etc, with intent to create Ditto Cognizable enmity, hatred or ill-will between different classes False statement rumour, etc, made in place of worship Imprisonment for 5 Ditto 40

K.RAMKUMAR B.A , LL.B.,

Section

offence

punishment

etc., with intent to create enmity hatred or ill-will 506

Criminal intimidation If threat be to cause death or grievous hurt, etc.

(ANDHRA PRADESH) 507

508 509

510

511

years and fine Imprisonment for 2 years, or fine or both Imprisonment for 7 years or fine or both

Cognizable or non-cognizable

Bailable or non-bailable

By what court triable

Non-cognizable

Bailable

Any magistrate

Ditto

Ditto

Magistrate of the 1st class

STATE AMENDMENT

Imprisonment for 2 years, in addition to the Non-cognizable Bailable punishment under above section Act caused by inducing a person to believe that he will Imprisonment for 1 Ditto Ditto be rendered an object divine year or fine or both Simple imprisonment Uttering any word or making any gesture intended to for 1 year or fine or Cognizable Ditto insult the modesty of a woman, etc., both Simple imprisonment Appearing in a public place etc., in a state of for 24 hours, or fine of Non-cognizable Ditto intoxication, and causing annoyance to any person 10 rupees or both CHAPTER XXIII-ATTEMPTS TO COMMIT OFFENCES Imprisonment for life Attempting to commit offences punishable with or imprisonment not According as the According as the imprisonment for life or imprisonment, and in such exceeding half of the offence attempted offence is cognizable or attempt doing any act towards the commission of the longest term provided by the offender is non-Cognizable offence for the offence or fine bailable or not or both

Criminal intimidation by anonymous communication or having taken precaution to conceal whence the threat comes

41

Magistrate of the 1st class Any magistrate Ditto

Ditto

The court by which the offence attempted is triable

K.RAMKUMAR B.A , LL.B.,