indian penal code,indian penal code 1860,the indian penal code

 

LAWS FOR
ABCs of Indian Law
Family Laws
Business Laws
Police and Crime
Motor Vehicles Laws
Transfer of Property
India Laws Index
Home

THE INDIAN PENAL CODE

(Act No. 45 of Year 1860)
1

THE INDIAN PENAL CODE.
CHAPTER I: INTRODUCTION.

1. Title and extent of operation of the Code.

2. Punishment of offences committed within India.

3. Punishment of offences committed beyond but which by law may be tried within India.

9[4. Extension of Code to extra-territorial offences.

16[5. Certain laws not to be affected by this Act

CHAPTER II: GENERAL EXPLANATIONS.

6. Definitions in the Code to be understood subject to exceptions.

7. Sense of expression once explained.

8. Gender

9. Number

10. "Man", "Woman"

11. "Person"

12. "Public"

[Section 13. titled "Queen" repealed by the Govt. of India (Adaptation of Indian Laws) Order,  1950]

16[14. "Servant of Government"

[Section 15. titled "British India" repealed by the Govt. of India (Adaptation of Indian Laws) Order,  1937]

[Section 16. titled "Government of India" repealed by the Govt. of India (Adaptation of Indian Laws) Order,  1937]

16[17. "Government"

18[18. "India"

19. "Judge"

20. "Court of Justice"

21. "Public Servant"

22. "Movable property"

23. "Wrongful gain"

24. "Dishonestly"

25. "Fraudulently"

26. "Reason to believe"

27. Property in possession of wife, clerk or servant

28. "Counterfeit"

29. "Document"

30. "Valuable security"

31. "A will"

32. Words referring to acts include illegal omissions.

33. "Act", "Omission"

30[34. Acts done by several persons in furtherance of common intention.

35. When such an act is criminal by reason of its being done with a criminal knowledge or intention.

36. Effect caused partly by act and partly by omission.

37. Co-operation by doing one of several acts constituting an offence.

38. Persons concerned in criminal act may be guilty of different offences.

39. "Voluntarily"

30[40. "Offence"

41. "Special law"

42. "Local law"

43. "Illegal", "Legally bound to do"

44. "Injury"

45. "Life"

46. "Death"

47. "Animal"

48. "Vessel"

49. "Year", "Month"

50. "Section"

51. "Oath"

52. "Good faith"

38[52A. "Harbour"

CHAPTER  III: OF PUNISHMENTS.

53. Punishment

41[53A. Construction of reference to transportation.

54. Commutation of sentence of death

55. Commutation of sentence of imprisonment for life.

46[55A. Definition of "appropriate Government"

[Section 56. titled "Sentence of Europeans and Americans to penal servitude, proviso as to sentence for term exceeding ten years but not for life" repealed by the Criminal Law (Removal of Racial Discriminations) Act, 1949, w.e.f. 6th. April, 1949]

57. Fractions of terms of punishment

[Section 58. titled "Offenders sentenced to transportation how dealt with until transported" repealed by the Code of Criminal Procedure (Amendment) Act, 1955, w.e.f. 1st. January, 1956]

[Section 59. titled "Transportation instead of imprisonment" repealed by the Code of Criminal Procedure (Amendment) Act, 1955, w.e.f. 1st. January, 1956]

60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.

[Section 61. titled "Sentence of forfeiture of property" repealed by the Indian Penal Code (Amendment) Act, 1921]

[Section 62. titled "Forfeiture of property in respect of offenders punishable with death, transportation or imprisonment" repealed by the Indian Penal Code (Amendment) Act, 1921]

63. Amount of fine.

64. Sentence of imprisonment for non-payment of fine.

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

66. Description of imprisonment for non-payment of fine.

67. Imprisonment for non-payment of fine, when offence punishable with fine only.

68. Imprisonment to terminate on payment of fine.

69. Termination of imprisonment on payment of proportional part of fine.

70. Fine leviable within six years or during imprisonment-Death not to discharge property from liability.

71. Limit of punishment of offence made up of several offences.

72. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which.

73. Solitary confinement

74. Limit of solitary confinement

48A[75. Enhanced punishment for certain offences under Chapter XII or Chapter XVII after previous conviction.

CHAPTER IV : GENERAL EXCEPTIONS.

76. Act done by a person bound, or by mistake of fact believing himself bound, by law..

77. Act of Judge when acting judicially.

78. Act done pursuant to the judgment or order of Court

79. Act done by a person justified, or by mistake of fact believing himself justified, by law..

80. Accident in doing a lawful act

81. Act likely to cause harm, but done without criminal intent, and to prevent other harm..

82. Act of a child under seven years of age.

83. Act of a child above seven and under twelve of immature understanding.

84. Act of a person of-unsound mind.

85. Act of a person incapable of judgment by reason of intoxication caused against his will

86. Offence requiring a particular intent or knowledge committed by one who is intoxicated.

87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent

88. Act not intended to cause death, done by consent in good faith for person's benefit

89. Act done in good faith for benefit of child or insane person, by or by consent of guardian.

90. Consent known to be given under fear or misconception.

91. Exclusion of acts which are offences independently of harm caused.

92. Act done in good faith for benefit of a person without consent

93. Communication made in good faith.

94. Act to which a person is compelled by threats.

95. Act causing slight harm..

96. Things done in private defence.

97. Right of private defence of the body and of property.

98. Right of private defence against the act of a person of unsound mind, etc.

99. Acts against which there is no right of private defence.

100. When the right of private defence of the body extends to causing death.

101. When such right extends to causing any harm other than death.

102. Commencement and continuance of the right of private defence of the body.

103. When the right of private defence of property extends to causing death.

104. When such right extends to causing any harm other than death.

105. Commencement and continuance of the right of private defence of property.

106. Right of private defence against deadly assault when there is risk of harm to innocent person.

CHAPTER V :OF ABETMENT.

107. Abetment of a thing.

108. Abettor

52[108A. Abetment in India of offences outside India.

109. Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment

110. Punishment of abetment if person abetted does act with different intention from that of abettor

111. Liability of abettor when one act abetted and different act done.

112. Abettor when liable to cumulative punishment for act abetted and for act done.

113. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor

114. Abettor present when offence is committed.

115. Abetment of offence punishable with death or imprisonment for life-if offence not committed.

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

117. Abetting commission of offence by the public or by more than ten persons.

118. Concealing design to commit offence punishable with death or imprisonment for life.

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

120. Concealing design to commit offence punishable with imprisonment

32[CHAPTER VA : CRIMINAL CONSPIRACY..

120A. Definition of criminal conspiracy.

32[120B. Punishment of criminal conspiracy.

CHAPTER  VI : OF OFFENCES AGAINST THE STATE.

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

56[121A. Conspiracy to commit offences punishable by section 121.

122. Collecting arms, etc., with intention of waging war against the Government of India.

123. Concealing with intent to facilitate design to wage war

124. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power

71[124A. Sedition.

125. Waging war against any Asiatic Power in alliance with the Government of India.

126. Committing depredation on territories of Power at peace with the Government of India.

127. Receiving property taken by war on depredation mentioned in sections 125 and 126-.

128. Public servant voluntarily allowing prisoner of State or war to escape.

129. Public servant negligently suffering such prisoner to escape.

130. Aiding escape of, rescuing or harbouring such prisoner

CHAPTER VII : OF OFFENCES RELATING TO THE ARMY ,74[NAVY AND AIR FORCE]

131. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.

132. Abetment of mutiny, if mutiny is committed in consequence thereof

133. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office.

134. Abetment of such assault, if the assault is committed.

135. Abetment of desertion of soldier, sailor or airman.

136. Harbouring deserter

137. Deserter concealed on board merchant vessel through negligence of master

138. Abetment of act of insubordination by soldier, sailor or airman.

[Section 138A. titled "Application of foregoing sections to the Indian Marine Service" repealed by the Amending Act, 1934 (35 of 1934)]

139. Persons subject to certain Acts.

140. Wearing garb or carrying token used by soldier, sailor or airman.

CHAPTER VIII : OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY..

141.Unlawful assembly.

142. Being member of unlawful assembly.

143. Punishment

144. Joining unlawful assembly armed with deadly weapon.

145. Joining or continuing in unlawful assembly, knowing it has been commanded to disperse.

146. Rioting.

147. Punishment for rioting.

148. Rioting, armed with deadly weapon.

149. Every member of unlawful assembly guilty of offence committed in prosecution of common object

150. Hiring, or conniving at hiring, of persons to join unlawful assembly.

151. Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse.

152. Assaulting or obstructing public servant when suppressing riot, etc.

153. Wantonly giving provocation with intent to cause riot-if rioting be committed-if not committed.

88[153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.

89[153B. Imputations, assertions prejudicial to national-integration.

154. Owner or occupier of land on which an unlawful assembly is held.

155. Liability of person for whose benefit riot is committed.

156. Liability of agent of owner or occupier for whose benefit riot is committed.

157. Harbouring persons hired for an unlawful assembly.

158. Being hired to take part in an unlawful assembly or riot

159. Affray.

160. Punishment for committing affray.

CHAPTER IX : OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS.

[Sections 161. To 165A. repealed by the Prevention of Corruption Act, 1988 (49 of 1988)]

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

167. Public servant framing an incorrect document with intent to cause injury.

168. Public servant unlawfully engaging in trade.

169. Public servant unlawfully buying or bidding for property.

170. Personating a public servant

171. Wearing garb or carrying token used by public servant with fraudulent intent

90[CHAPTER IXA : OF OFFENCES RELATING TO ELECTIONS.

171A. "Candidate", "Electoral right" defined.

171B. Bribery.

171C. Undue influence at elections.

171D. Personation at elections.

171E. Punishment for bribery.

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

171G. False statement in connection with an election.

171H. Illegal payments in connection with an election.

171I. Failure to keep election accounts.

CHAPTER X : OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS.

172. Absconding to avoid service of summons or other proceeding.

173. Preventing service of summons or other proceeding, or preventing publication thereof

174. Non-attendance in obedience to an order from public servant

175. Omission to produce document to public servant by person legally bound to produce it

176. Omission to give notice or information to public servant by person legally bound to give it

177. Furnishing false information.

178. Refusing oath or affirmation when duly required by public servant to make it

179.Refusing to answer public servant authorised to question.

180. Refusing to sign statement

181. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation.

100[182. False information, with intent to cause public servant to use his lawful power to the injury of another person.

183. Resistance to the taking of property by the lawful authority of a public servant

184. Obstructing sale of property offered for sale by authority of public servant

185. Illegal purchase or bid for property offered for sale by authority of public servant

186. Obstructing public servant in discharge of public functions.

187. Omission to assist public servant when bound by law to give assistance.

188. Disobedience to order duly promulgated by public servant

189. Threat of injury to public servant

190. Threat of injury to induce person to refrain from applying for protection to public servant

CHAPTER XI : OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE.

191. Giving false evidence.

192. Fabricating false evidence.

193. Punishment for false evidence.

194. Giving or fabricating false evidence with intent to procure conviction of capital offence.

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

196. Using evidence known to be false.

197. Issuing or signing false certificate.

198. Using as true a certificate known to be false.

199. False statement made in declaration which is by law receivable as evidence.

200. Using as true such declaration knowing it to be false.

201. Causing disappearance of evidence of offence, or giving false information to screen offender

202. Intentional omission to give information of offence by person bound to inform..

203. Giving false information respecting an offence committed.

204. Destruction of document to prevent its production as evidence.

205. False personation for purpose of act or proceeding in suit or prosecution.

206. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution.

207. Fraudulent claim to property to prevent its seizure as forfeited or in execution.

208. Fraudulently suffering decree for sum not due.

209. Dishonestly making false claim in Court

210. Fraudulently obtaining decree for sum not due.

211. False charge of offence made with intent to injure.

212. Harbouring offender

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

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

215. Taking gift to help to recover stolen property, etc.

216. Harbouring offender who has escaped from custody or whose apprehension has been ordered.

108[216A. Penalty for harbouring robbers or dacoits.

[216B. Definition of "harbour" in sections 212, 216 and 216A: Repealed by the Indian Penal Code (Amendment) Act, 1942 (8 of 1942)]

217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.

218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.

219. Public servant in judicial proceeding corruptly making report, etc., contrary to law..

220. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law..

221. Intentional omission to apprehend on the part of public servant bound to apprehend.

222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed.

223. Escape from confinement or custody negligently suffered by public servant

224. Resistance or obstruction by a person to his lawful apprehension.

225. Resistance or obstruction to lawful apprehension of another person.

122[225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for

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

[226. Unlawful return from transportation: Repealed by the Code of Criminal Procedure (Amendment) Act, 1995, w.e.f. 1st. January, 1956

227. Violation of condition of remission of punishment

228. Intentional insult or interruption to public servant sitting in judicial proceeding.

123[228A. Disclosure of identity of the victim of certain offences etc.

229. Personation of a juror or assessor

CHAPTER XII : OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS.

230. "Coin" defined.

231. Counterfeiting coin.

232. Counterfeiting Indian coin.

233. Making or selling instrument for counterfeiting coin.

234. Making or selling instrument for counterfeiting Indian coin.

235. Possession of instrument, or material for the purpose of using the same for counterfeiting coin.

236. Abetting in India the counterfeiting out of India of coin.

237. Import or export of counterfeit coin.

238. Import or export of counterfeits of the India coin.

239. Delivery of coin, possessed with knowledge that it is counterfeit

240. Delivery of Indian coin, possessed with knowledge that it is counterfeit

241. Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit

242. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof-.

243. Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof

244. Person employed in mint causing coin to be of different weight or composition from that fixed by law..

245. Unlawfully taking coining instrument from mint

246. Fraudulently or dishonestly diminishing weight or altering composition of coin.

247. Fraudulently or dishonestly diminishing weight or altering composition of Indian coin.

248. Altering appearance of coin with intent that it shall pass as coin of different description.

249. Altering appearance of Indian coin with intent that it shall pass as coin of different description.

250. Delivery of coin, possessed with knowledge that it is altered.

251. Delivery of Indian coin, possessed with knowledge that it is altered.

252. Possession of coin by person who knew it to be altered when he became possessed thereof-.

253. Possession of Indian coin by person who knew it to be altered when he became possessed thereof-.

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

255. Counterfeiting Government stamp.

256. Having possession of instrument or material for counterfeiting Government stamp.

257. Making or selling instrument for counterfeiting Government stamp.

258. Sale of counterfeit Government stamp.

259. Having possession of counterfeit Government stamp.

260. Using as genuine a Government stamp known to be a counterfeit

261. Effacing, writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government

262. Using Government stamp known to have been before used.

263. Erasure of mark denoting that stamp has been used.

131[263A. Prohibition of fictitious stamps.

CHAPTER XIII : OF OFFENCES RELATING TO WEIGHTS AND MEASURES.

264. Fraudulent use of false instrument for weighing.

265. Fraudulent use of false weight or measure.

266. Being in possession of false weight or measure.

267. Making or selling false weight or measure.

CHAPTER XIV : OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS.

268. Public nuisance.

269. Negligent act likely to spread infection of disease dangerous to life.

270. Malignant act likely to spread infection of disease dangerous to life.

271. Disobedience to quarantine rule.

272. Adulteration of food or drink intended for sale.

273. Sale of noxious food or drink.

274. Adulteration of drugs.

275. Sale of adulterated drugs.

276. Sale of drug as a different drug or preparation.

277. Fouling water of public spring or reservoir

278. Making atmosphere noxious to health.

279. Rash driving or riding on a public way.

280. Rash navigation of vessel

281. Exhibition of false light, mark or buoy.

282. Conveying person by water for hire in unsafe or overloaded vessel-.

283. Danger or obstruction in public way or line of navigation.

284. Negligent conduct with respect to poisonous substance.

285. Negligent conduct with respect to fire or combustible matter

286. Negligent conduct with respect to explosive substance.2

287. Negligent conduct with respect to machinery.

288. Negligent conduct with respect to pulling down or repairing buildings.

289. Negligent conduct with respect to animal

290. Punishment for public nuisance in cases not otherwise provided for

291. Continuance of nuisance after injunction to discontinue.

137[292. Sale, etc., of obscene books, etc. _.

292A. Printing, etc., of grossly indecent or scurrilous matter or matter intended for blackmail

137[293. Sale, etc., of obscene objects to young person.

141[294. Obscene acts and songs.

120[294A. Keeping lottery office.

CHAPTER XV : OF OFFENCES RELATING TO RELIGION..

295. Injuring or defiling place of worship with intent to insult the religion of any class.

145[295A. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.

296. Disturbing religious assembly.

297. Trespassing on burial places, etc.

298. Uttering, words, etc., with deliberate intent to wound the religious feelings of any person-.

CHAPTER XVI : OF OFFENCES AFFECTING THE HUMAN BODY..

299. Culpable homicide.

300. Murder

301. Culpable homicide by causing death of person other than person whose death was intended.

302. Punishment for murder

303. Punishment for murder by life-convict

304. Punishment for culpable homicide not amounting to murder

120[304A. Causing death by negligence.

149[304B. Dowry death.

305. Abetment of suicide of child or insane person.

306. Abetment of suicide.

307. Attempt to murder

308. Attempt to commit culpable homicide.

309. Attempt to commit suicide.

310. Thug.

311. Punishment

312. Causing miscarriage.

313. Causing miscarriage without woman's consent

314. Death caused by act done with intent to cause miscarriage.

315. Act done with intent to prevent child being born alive or to cause it to die after birth.

316. Causing death of quick unborn child by act amounting to culpable homicide.

317. Exposure and abandonment of child under twelve years, by parent or person having care of it

318. Concealment of birth by secret disposal of dead body.

319. Hurt

320. Grievous hurt

321. Voluntarily causing hurt

322. Voluntarily causing grievous hurt

323. Punishment for voluntarily causing hurt

                

325. Punishment for voluntarily causing grievous hurt

326. Voluntarily causing grievous hurt by dangerous weapons or means -.

327. Voluntarily causing hurt to extort property, or to constrain to an illegal act

328. Causing hurt by means of poison, etc. with intent to commit an offence.

329. Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act

330. Voluntarily causing hurt to extort confession, or to compel restoration of property.

331. Voluntarily causing grievous hurt to extort confession, or to compel restoration of property.

332. Voluntarily causing hurt to deter public servant from his duty.

333. Voluntarily causing grievous hurt to deter public servant from his duty.

334. Voluntarily causing hurt on provocation.

335. Voluntarily causing grievous hurt on provocation.

336. Act endangering life or personal safety of others.

337. Causing hurt by act endangering life or personal safety of others.

338. Causing grievous hurt by act endangering life or personal safety of others.

339. Wrongful restraint

340. Wrongful confinement

341. Punishment for wrongful restraint

342. Punishment for wrongful confinement

343. Wrongful confinement for three or more days.

344. Wrongful confinement for ten or more days.

345. Wrongful confinement of person for whose liberation writ has been issued.

346. Wrongful confinement in secret

347. Wrongful confinement to extort property, or constrain to illegal act

348. Wrongful confinement to extort confession, or compel restoration of property.

349. Force.

350. Criminal force.

351. Assault

352. Punishment for assault or criminal force otherwise than on grave provocation.

353. Assault or criminal force to deter public servant from discharge of his duty.

354. Assault or criminal force to woman with intent to outrage her modesty.

355. Assault or criminal force with intent to dishonour person, otherwise than on grave provocation.

356. Assault or criminal force in attempt to commit theft of property carried by a person.

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

358. Assault or criminal force on grave provocation.

359. Kidnapping.

360.Kidnapping from India-.

361. Kidnapping from lawful guardianship.

362. Abduction.

363. Punishment for kidnapping.

157[363A. Kidnapping or maiming a minor for purposes of begging.

364. Kidnapping or abducting in order to murder

158[364A. Kidnapping for ransom, etc.

365. Kidnapping or abducting with intent secretly and wrongfully to confine person.

366. Kidnapping, abducting or inducing woman to compel her marriage,  etc.

160[366A. Procuration of minor girl

160[366B. Importation of girl from foreign country.

367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.

368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person.

369. Kidnapping or abducting child under ten years with intent to steal from its person.

370. Buying or disposing of any person as a slave.

371. Habitual dealing in slaves.

372. Selling minor for purposes of prostitution, etc.

373. Buying minor for purposes of prostitution, etc.

374. Unlawful compulsory labour

167[375. Rape.

167[376. Punishment for rape.

167[376A. Intercourse by a man with his wife during separation.

376B. Intercourse by public servant with woman in his custody.

167[376C. Intercourse by superintendent of jail, remand home, etc.

167[376D. Intercourse by any member of the management or staff of a hospital with any woman in that hospital

377. Unnatural offences.

CHAPTER XVII: OF OFFENCES AGAINST PROPERTY..

378. Theft

379. Punishment for theft

380. Theft in dwelling house, etc.

381. Theft by clerk or servant of property in possession of master

382. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft

383. Extortion.

384. Punishment for extortion.

385. Putting person in fear of injury in order to commit extortion.

386. Extortion by putting a person in fear of death or grievous hurt to.

387. Putting person in fear of death or of grievous hurt, in order to commit extortion.

388. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.

389. Putting person in fear of accusation of offence, in order to commit extortion.

390. Robbery.

391. Dacoity.

392. Punishment for robbery.

393. Attempt to commit robbery.

394. Voluntarily causing hurt in committing robbery.

395. Punishment for dacoity