Taxmann's Indian Penal Code 1860

Page 1


geting a computer resource located in India.]

1. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reor ganisation Act, 2019, w.e.f. 31-10-2019.

2. Inserted by the Information Technology (Amendment) Act, 2008, w.e.f. 27-10-2009.

3. Substituted, ibid. Prior to its substitution, Explanation read as under : ‘Explanation : In this section the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Code.’

* Repealed by the Bharatiya Nyaya Sanhita, 2023, w.e.f. 24-7-2024.

3[Explanation.—In this section— 1

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INDIAN PENAL CODE, 1860

CHAPTER I INTRODUCTION

1.

2.

3.

4.

5.

“Wrongful loss”

24. “Dishonestly”

25. “Fraudulently”

33. “Act”,“Omission”

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

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

36. Effect caused partly by act and partly by omission

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

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

39. “Voluntarily”

40. “Offence”

41. “Special law”

42. “Local law”

43. “Illegal”,“Legally bound to do” 9

44. “Injury”

45. “Life”

46. “Death”

47. “Animal”

48. “Vessel” 10

49. “Year”,“Month” 10

50. “Section” 10

51. “Oath” 10

52. “Good faith” 10

52A. “Harbour” 10

CHAPTER III OF PUNISHMENTS

53. Punishments 10

53A. Construction of reference to transportation 11

54. Commutation of sentence of death 11

55. Commutation of sentence of imprisonment for life 11

55A. De nition of “appropriate Government” 11

56. [Omitted] 12

57. Fractions of terms of punishment 12

58. [Omitted] 12

59. [Omitted] 12

60. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple 12

61. [Omitted] 12

62. [Omitted] 12

63. Amount of ne 12

64. Sentence of imprisonment for non-payment of ne 12

65. Limit to imprisonment for non-payment of ne, when imprisonment and ne awardable 13

66. Description of imprisonment for non-payment of ne 13

67. Imprisonment for non-payment of ne, when offence punishable with ne only 13

68. Imprisonment to terminate on payment of ne 13

69. Termination of imprisonment on payment of proportional part of ne 13

70. Fine leviable within six years, or during imprisonment - Death not to discharge property from liability 13

71. Limit of punishment of offence made up of several offences 14

72. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which 14

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

Of the Right of Private Defence

96. Things done in private defence 21

97. Right of private defence of the body and of property 21

98. Right of private defence against the act of a person of unsound mind, etc. 21

99. Acts against which there is no right of private defence 21

100. When the right of private defence of the body extends to causing death 22

101. When such right extends to causing any harm other than death 22

102. Commencement and continuance of the right of private defence of the body 22

103. When the right of private defence of property extends to causing death 23

104. When such right extends to causing any harm other than death 23

105. Commencement and continuance of the right of private defence of property 23

106. Right of private defence against deadly assault when there is risk of harm to innocent person 23

CHAPTER V OF ABETMENT

107. Abetment of a thing 24

Abettor

108A. Abetment in India of offences outside India

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

110. Punishment of abetment if person abetted does act with a different intention from that of abettor 26

111. Liability of abettor when one act abetted and different act done 26

112. Abettor when liable to cumulative punishment for act abetted and for act done 27

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

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

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

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

CONTENTS

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

128. Public servant voluntarily allowing prisoner of State or war to escape 33

129. Public servant negligently suffering such prisoner to escape 33

130. Aiding escape of, rescuing or harbouring such prisoner 33

CHAPTER VII

OF OFFENCES

RELATING TO THE ARMY, NAVY AND AIR FORCE

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

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

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

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

138A. [Omitted]

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 TRANQUILITY

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 ve or more persons after it has been commanded to disperse

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

153. Want only giving provocation with intent to cause riot - If rioting be committed - If not committed

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

committed in place of worship, etc.

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

153B. Imputations, assertions prejudicial to national integration

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

155. Liability of person for whose bene t riot is committed

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

CHAPTER IX

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

161. [Omitted ]

162. [Omitted]

163. [Omitted]

164. [Omitted]

165. [Omitted]

165A. [Omitted]

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

167. Public servant framing an incorrect document with intent

168. Public servant unlawfully engaging in trade

169. Public servant unlawfully buying or bidding for property

170. Personating a public servant

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

CHAPTER IXA

171A. “Candidate”, “Electoral right” de ned

171F. Punishment for undue in uence or personation at an election

171H. Illegal payments in connection with an election

CHAPTER X

172. Absconding to avoid service of summons or other proceeding

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

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

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

175. Omission to produce document or electronic record 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 af rmation 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 af rmation to public servant or person authorised to administer an oath or af rmation

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

193. Punishment for false evidence

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

If innocent person be thereby convicted and executed

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

195A. Threatening any person to give false evidence

196. Using evidence known to be false

197. Issuing or signing false certi cate

198. Using as true a certi cate 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

CONTENTS

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

If a capital offence

If punishable with imprisonment for life

If punishable with less than ten years’ imprisonment

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

203. Giving false information respecting an offence committed

204. Destruction of document or electronic record to prevent its production as evidence

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

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

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

208. Fraudulently suffering decree for sum not due

209. Dishonestly making false claim in Court

210. Fraudulently obtaining decree for sum not due

211. False charge of offence made with intent to injure

212. Harbouring offender

If a capital offence

If punishable with imprisonment for life, or with imprisonment

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

If a capital offence

If punishable with imprisonment for life, or with imprisonment

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

If a capital offence

If punishable with imprisonment for life, or with imprisonment

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

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

If a capital offence

If punishable with imprisonment for life, or with imprisonment

216A. Penalty for harbouring robbers or dacoits

216B. [Omitted]

217. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture 60

218. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture 60

219. Public servant in judicial proceeding corruptly making report, etc., contrary to law 61

220. Commitment for trial or con nement by person having authority who knows that he is acting contrary to law 61

221. Intentional omission to apprehend on the part of public servant bound to apprehend 61

222. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed 62

223. Escape from con nement or custody negligently suffered by public servant 62

224. Resistance or obstruction by a person to his lawful apprehension 62

225. Resistance or obstruction to lawful apprehension of another person 62

225A. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for 63

225B. Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for 63

226. [Omitted] 63

227. Violation of condition of remission of punishment 63

228. Intentional insult or interruption to public servant sitting in judicial proceeding 64

228A. Disclosure of identity of the victim of certain offences, etc. 64

229. Personation of a juror or assessor 65

229A. Failure by person released on bail or bond to appear in Court 65

CHAPTER XII

OF OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS

230. “Coin” de ned 65 Indian coin

231. Counterfeiting coin

232. Counterfeiting Indian coin

233. Making or selling instrument for counterfeiting coin

234. Making or selling instrument for counterfeiting Indian coin

CONTENTS

235. Possession of instrument or material for the purpose of using the same for counterfeiting coin 66 If Indian coin 66

236. Abetting in India the counterfeiting out of India of coin 66

237. Import or export of counterfeit coin

66

238. Import or export of counterfeits of the Indian coin 67

239. Delivery of coin, possessed with knowledge that it is counterfeit 67

240. Delivery of Indian coin, possessed with knowledge that it is counterfeit 67

241. Delivery of coin as genuine, which, when rst possessed, the deliverer did not know to be counterfeit 67

242. Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof 67

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 xed by law

245. Unlawfully taking coining instrument from mint 68

246. Fraudulently or dishonestly diminishing weight or altering composition of coin 68

247. Fraudulently or dishonestly diminishing weight or altering composition of Indian coin 68

248. Altering appearance of coin with intent that it shall pass as coin of different description 68

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 69

254. Delivery of coin as genuine which, when rst 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 70

259. Having possession of counterfeit Government stamp 71

260. Using as genuine a Government stamp known to be a counterfeit 71

261. Effacing, writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government 71

262. Using Government stamp known to have been before used 71

263. Erasure of mark denoting that stamp has been used 71

263A. Prohibition of ctitious stamps 71

CHAPTER XIII

OF OFFENCES RELATING TO WEIGHTS AND MEASURES

264. Fraudulent use of false instrument for weighing 72

265. Fraudulent use of false weight or measure 72

266. Being in possession of false weight or measure 72

267. Making or selling false weight or measure 72

CHAPTER XIV

OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS

268. Public nuisance 73

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 over loaded vessel

CONTENTS

283. Danger or obstruction in public way or line of navigation 75

284. Negligent conduct with respect to poisonous substance 75

285. Negligent conduct with respect to re or combustible matter 75

286. Negligent conduct with respect to explosive substance 75

287. Negligent conduct with respect to machinery 76

288. Negligent conduct with respect to pulling down or repairing buildings 76

289. Negligent conduct with respect to animal 76

290. Punishment for public nuisance in cases not otherwise provided for 76

291. Continuance of nuisance after injunction to discontinue 76

292. Sale, etc., of obscene books, etc. 76

293. Sale, etc., of obscene objects to young person 78

294. Obscene acts and songs 78

294A. Keeping lottery of ce 78

CHAPTER XV OF OFFENCES RELATING TO RELIGION

295. Injuring or de ling place of worship with intent to insult the religion of any class 78

295A. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs 78

296. Disturbing religious assembly 79

297. Trespassing on burial places, etc. 79

298. Uttering, words, etc., with deliberate intent to wound religious feelings of any person 79

CHAPTER XVI OF OFFENCES AFFECTING THE HUMAN BODY Of Offences Affecting Life

299. Culpable homicide 79

300. Murder 80 When culpable homicide is not murder 81

301. Culpable homicide by causing death of person other than person whose death was intended 82

302. Punishment for murder 82

303. Punishment for murder by life-convict 82

CONTENTS

304. Punishment for culpable homicide not amounting to murder 82

304A. Causing death by negligence 83

304B. Dowry death 83

305. Abetment of suicide of child or insane person 83

306. Abetment of suicide 83

307. Attempt to murder 83 Attempts by life-convicts 84

308. Attempt to commit culpable homicide 84

309. Attempt to commit suicide 84

310. Thug 84

311. Punishment 84

Of the causing of miscarriage, of injuries to unborn children, of the exposure of infants, and of the concealment of births

312. Causing miscarriage 85

313. Causing miscarriage without woman’s consent 85

314. Death caused by act done with intent to cause miscarriage 85 If act done without woman’s consent 85

315. Act done with intent to prevent child being born alive or to cause it to die after birth 85

316. Causing death of quick unborn child by act amounting to culpable homicide 85

317. Exposure and abandonment of child under twelve years, by parent or person having care of it 86

318. Concealment of birth by secret disposal of dead body 86 Of hurt

319. Hurt

320. Grievous hurt

321. Voluntarily causing hurt

322. Voluntarily causing grievous hurt 87

323. Punishment for voluntarily causing hurt 87

324. Voluntarily causing hurt by dangerous weapons or means 87

325. Punishment for voluntarily causing grievous hurt 87

326. Voluntarily causing grievous hurt by dangerous weapons or means 87

326A. Voluntarily causing grievous hurt by use of acid, etc. 88

326B. Voluntarily throwing or attempting to throw acid 88

327. Voluntarily causing hurt to extort property, or to constrain to an illegal act 88

CONTENTS

328. Causing hurt by means of poison, etc., with intent to commit an offence 89

329. Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act 89

330. Voluntarily causing hurt to extort confession, or to compel restoration of property 89

331. Voluntarily causing grievous hurt to extort confession, or to compel restoration of property 89

332. Voluntarily causing hurt to deter public servant from his duty 90

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 91

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

Wrongful con nement in secret

Wrongful con nement to extort property, or constrain to illegal act

Wrongful con nement to extort confession, or compel restoration of property

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

CONTENTS

354. Assault or criminal force to woman with intent to outrage her modesty 95

354A. Sexual harassment and punishment for sexual harassment 95

354B. Assault or use of criminal force to woman with intent to disrobe 95

354C. Voyeurism 96

354D. Stalking 96

355. Assault or criminal force with intent to dishonour person, otherwise than on grave provocation 97

356. Assault or criminal force in attempt to commit theft of property carried by a person 97

357. Assault or criminal force in attempt wrongfully to con ne a person 97

358. Assault or criminal force on grave provocation 97

Of kidnapping, abduction, slavery and forced labour

359. Kidnapping 97

360. Kidnapping from India 97

361. Kidnapping from lawful guardianship 97

362. Abduction 98

363. Punishment for kidnapping 98

363A. Kidnapping or maiming a minor for purposes of begging 98

364. Kidnapping or abducting in order to murder 99

364A. Kidnapping for ransom, etc. 99

365. Kidnapping or abducting with intent secretly and wrongfully to con ne person 99

366. Kidnapping, abducting or inducing woman to compel her marriage, etc. 99

366A. Procuration of minor girl 100

366B. Importation of girl from foreign country 100

367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc. 100

368. Wrongfully concealing or keeping in con nement, kidnapped or abducted person 100

369. Kidnapping or abducting child under ten years with intent to steal from its person 100

370. Traf cking of person 100

370A. Exploitation of a traf cked person

371. Habitual dealing in slaves

372. Selling minor for purposes of prostitution, etc. 102

CONTENTS

373. Buying minor for purposes of prostitution, etc. 102

374. Unlawful compulsory labour 103 Sexual offences

375. Rape 103

376. Punishment for rape 105

376A. Punishment for causing death or resulting in persistent vegetative state of victim 107

376AB. Punishment for rape on woman under twelve years of age 107

376B. Sexual intercourse by husband upon his wife during separation 108

376C. Sexual intercourse by a person in authority 108

376D. Gang rape 108

376DA. Punishment for gang rape on woman under sixteen years of age 109

376DB. Punishment for gang rape on woman under twelve years of age 109

376E. Punishment for repeat offenders 109 Of unnatural offences

377. Unnatural offences 109

CHAPTER

XVII OF OFFENCES AGAINST PROPERTY Of theft

378. Theft 110

379. Punishment for theft 111

380. Theft in dwelling house, etc. 111

381. Theft by clerk or servant of property in possession of master 112

382. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft 112 Of extortion

383. Extortion 112

384. Punishment for extortion 113

385. Putting person in fear of injury in order to commit extortion 113

386. Extortion by putting a person in fear of death or grievous hurt 113

387. Putting person in fear of death or of grievous hurt, in order to commit extortion 113

388. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc. 113

389. Putting person in fear of accusation of offence, in order to commit extortion 113

390. Robbery

When theft is robbery

When extortion is robbery

391. Dacoity

392. Punishment for robbery

393. Attempt to commit robbery

394. Voluntarily causing hurt in committing robbery

395. Punishment for dacoity

396. Dacoity with murder

397. Robbery, or dacoity, with attempt to cause death or grievous hurt

398. Attempt to commit robbery or dacoity when armed with deadly weapon

399. Making preparation to commit dacoity

400. Punishment for belonging to gang of dacoits

401. Punishment for belonging to gang of thieves

402. Assembling for purpose of committing dacoity

Of criminal misappropriation of property

403. Dishonest misappropriation of property

404. Dishonest misappropriation of property possessed by deceased person at the time of his death

criminal breach of trust

406. Punishment for criminal breach of trust

407. Criminal breach of trust by carrier, etc.

408. Criminal breach of trust by clerk or servant

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

Of the receiving of stolen property 410. Stolen property

Dishonestly receiving stolen property

412. Dishonestly receiving property stolen in the commission of a dacoity

413. Habitually dealing in stolen property

414. Assisting in concealment of stolen property

415. Cheating 120

416. Cheating by personation 121

417. Punishment for cheating 121

418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect 121

419. Punishment for cheating by personation 121

420. Cheating and dishonestly inducing delivery of property 121 Of fraudulent deeds and dispositions of property

421. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors 122

422. Dishonestly or fraudulently preventing debt being available for creditors 122

423. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration 122

424. Dishonest or fraudulent removal or concealment of property 122 Of mischief

425. Mischief 122

426. Punishment for mischief 123

427. Mischief causing damage to the amount of fty rupees 123

428. Mischief by killing or maiming animal of the value of ten rupees 123

429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fty rupees 124

430. Mischief by injury to works of irrigation or by wrongfully diverting water 124

431. Mischief by injury to public road, bridge, river or channel 124

432. Mischief by causing inundation or obstruction to public drainage attended with damage 124

433. Mischief by destroying, moving or rendering less useful a lighthouse or sea-mark 124

434. Mischief by destroying or moving, etc., a land-mark xed by public authority 124

435. Mischief by re or explosive substance with intent to cause damage to amount of one hundred or (in case of agricultural produce) ten rupees 125

436. Mischief by re or explosive substance with intent to destroy house, etc. 125

of offences committed beyond, but which by law may be India.

person liable, by any Indian law to be tried for an offence committed beyond India shall be dealt with according to the provisions of any act committed beyond India in the same manner as if such committed within India.

Code to extra-territorial offences. provisions of this Code apply also to any offence committed by— citizen of India in any place without and beyond India; person on any ship or aircraft registered in India wherever it may be; person in any place without and beyond India committing offence tara computer resource located in India.]

CONTENTS

437. Mischief with intent to destroy or make unsafe a decked vessel or one of twenty tons burden

“except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir ReorAct, 2019, w.e.f. 31-10-2019.

438. Punishment for the mischief described in section 437 committed by re or explosive substance

the Information Technology (Amendment) Act, 2008, w.e.f. 27-10-2009. ibid. Prior to its substitution, Explanation read as under : Explanation : In this section the word “offence” includes every act committed outside India committed in India, would be punishable under this Code.’ the Bharatiya Nyaya Sanhita, 2023, w.e.f. 24-7-2024.

Explanation.—In this section— 1

439. Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc.

440. Mischief committed after preparation made for causing death or hurt

Of criminal trespass

441. Criminal trespass

442. House-trespass

443. Lurking house-trespass

444. Lurking house-trespass by night

445. House-breaking

446. House-breaking by night

447. Punishment for criminal trespass

448. Punishment for house-trespass

449. House-trespass in order to commit offence punishable with death

450. House-trespass in order to commit offence punishable with imprisonment for life

451. House-trespass in order to commit offence punishable with imprisonment

452. House-trespass after preparation for hurt, assault or wrongful restraint

453. Punishment for lurking house-trespass or house-breaking

454. Lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment

455. Lurking house-trespass or house-breaking after preparation for hurt, assault or wrongful restraint

456. Punishment for lurking house-trespass or house-breaking by night

457. Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment

458. Lurking house-trespass or house-breaking by night after preparation for hurt, assault, or wrongful restraint

459. Grievous hurt caused whilst committing lurking house-trespass or house-breaking

460. All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them

CONTENTS

461. Dishonestly breaking open receptacle containing property

462. Punishment for same offence when committed by person entrusted with custody

CHAPTER XVIII

OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS

463. Forgery

464. Making a false document

465. Punishment for forgery

466. Forgery of record of Court or of public register, etc.

467. Forgery of valuable security, will, etc.

468. Forgery for purpose of cheating

469. Forgery for purpose of harming reputation

470. Forged document or electronic record

471. Using as genuine a forged document or electronic record

472. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 467

473. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable otherwise

474. Having possession of document described in section 466 or 467, knowing it to be forged and intending to use it as genuine

475. Counterfeiting device or mark used for authenticating documents described in section 467, or possessing counterfeit marked material

476. Counterfeiting device or mark used for authenticating documents other than those described in section 467, or possessing counterfeit marked material

477. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security

477A. Falsi cation of accounts

Of property and other marks

478. [Omitted]

479. Property mark

480. [Omitted]

481. Using a false property mark

482. Punishment for using a false property mark

483. Counterfeiting a property mark used by another

484. Counterfeiting a mark used by a public servant

485. Making or possession of any instrument for counterfeiting a property mark

486. Selling goods marked with a counterfeit property mark 137

487. Making a false mark upon any receptacle containing goods 137

488. Punishment for making use of any such false mark 137

489. Tampering with property mark with intent to cause injury 137 Of currency-notes and bank-notes

489A. Counterfeiting currency-notes or bank-notes

489B. Using as genuine, forged or counterfeit currency-notes or banknotes

489C. Possession of forged or counterfeit currency-notes or bank-notes 138

489D. Making or possessing instruments or materials for forging or counterfeiting currency-notes or bank-notes

489E. Making or using documents resembling currency-notes or bank-notes 138

CHAPTER XIX

OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE

490. [Omitted] 139

491. Breach of contract to attend on and supply wants of helpless person 139

492. [Omitted] 139

CHAPTER XX

OF OFFENCES RELATING TO MARRIAGE

493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage 139

494. Marrying again during lifetime of husband or wife 139

495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted 140

496. Marriage ceremony fraudulently gone through without lawful marriage 140

497. Adultery 140

498. Enticing or taking away or detaining with criminal intent a married woman 140

CHAPTER XXA

OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND

498A. Husband or relative of husband of a woman subjecting her to cruelty

CHAPTER XXI

OF DEFAMATION

499. Defamation

Imputation of truth which public good requires to be made or published

Public conduct of public servants

Conduct of any person touching any public question

Publication of reports of proceedings of Courts

Merits of case decided in Court or conduct of witnesses and others concerned

Merits of public performance

Censure passed in good faith by person having lawful authority over another

Accusation preferred in good faith to authorised person

Imputation made in good faith by person for protection of his or other’s interests

Caution intended for good of person to whom conveyed or for public good

500. Punishment for defamation

501. Printing or engraving matter known to be defamatory

502. Sale of printed or engraved substance containing defamatory matter

CHAPTER XXII

OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

503. Criminal intimidation

504. Intentional insult with intent to provoke breach of the peace

505. Statements conducing to public mischief

Statements creating or promoting enmity, hatred or ill-will between classes

Offence under sub-section (2) committed in place of worship, etc.

506. Punishment for criminal intimidation

If threat be to cause death or grievous hurt, etc. 145

507. Criminal intimidation by an anonymous communication 146

508. Act caused by inducing person to believe that he will be rendered an object of the divine displeasure 146

509. Word, gesture or act intended to insult the modesty of a woman 146

510. Misconduct in public by a drunken person 146

CHAPTER XXIII

OF ATTEMPTS TO COMMIT OFFENCES

511. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

Indian Penal Code*

[45 of 1860]

CHAPTER I INTRODUCTION

Preamble.

WHEREAS it is expedient to provide a general Penal Code for India; It is enacted as follows:—

Title and extent of operation of the Code.

1. This Act shall be called the Indian Penal Code, and shall extend to the whole of India 1[***]

Punishment of offences committed within India.

2. Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.

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

3. Any person liable, by any Indian law to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed within India.

Extension of Code to extra-territorial offences.

4. The provisions of this Code apply also to any offence committed by—

(1) any citizen of India in any place without and beyond India; (2) any person on any ship or aircraft registered in India wherever it may be;

2[(3) any person in any place without and beyond India committing offence targeting a computer resource located in India.]

3[Explanation.—In this section—

1. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019.

2. Inserted by the Information Technology (Amendment) Act, 2008, w.e.f. 27-10-2009.

3. Substituted, ibid. Prior to its substitution, Explanation read as under : ‘Explanation : In this section the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Code.’

* Repealed by the Bharatiya Nyaya Sanhita, 2023, w.e.f. 24-7-2024.

(a) the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Code;

(b) the expression “computer resource” shall have the meaning assigned to it in clause (k) of sub-section (1) of section 2 of the Information Technology Act, 2000.]

Illustration

A, who is a citizen of India, commits a murder in Uganda. He can be tried and convicted of murder in any place in India in which he may be found.

Certain laws not to be affected by this Act.

5. Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of of cers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.

CHAPTER II

GENERAL EXPLANATIONS

De nitions in the Code to be understood subject to exceptions.

6. Throughout this Code every definition of an offence, every penal provision, and every illustration of every such de nition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such denition, penal provision, or illustration.

Illustrations

(a) The sections, in this Code, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences, but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age.

(b) A, a police-officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”.

Sense of expression once explained.

7. Every expression which is explained in any part of this Code is used in every part of this Code in conformity with the explanation. Gender.

8. The pronoun “he” and its derivatives are used of any person, whether male or female.

Number.

9. Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number.

“Man”, “Woman”.

10. The word “man” denotes a male human being of any age; the word “woman” denotes a female human being of any age.

“Person”.

11. The word “person” includes any Company or Association or body of persons, whether incorporated or not.

“Public”.

12. The word “public” includes any class of the public, or any community.

“Queen”.

13. [Omitted]

“Servant of Government”.

14. The words “servant of Government” denote any of cer or servant continued, appointed or employed in India by or under the authority of Government.

“British India”.

15. [Omitted]

“Government of India”.

16. [Omitted]

“Government”.

17. The word “Government” denotes the Central Government or the Government of a State.

“India”.

18. “India” means the territory of India excluding the State of Jammu and Kashmir.

“Judge”.

19. The word “Judge” denotes not only every person who is of cially designated as a Judge, but also every person,— who is empowered by law to give, in any legal proceeding, civil or criminal, a de nitive judgment, or a judgment which, if not appealed against, would be de nitive, or a judgment which, if con rmed by some other authority, would be de nitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgment.

Illustrations

(a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge.

(b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge.

(c) A member of a panchayat which has power, under Regulation VII, 1816, of the Madras Code, to try and determine suits, is a Judge.

(

d) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is not a Judge.

“Court of Justice”.

20. The words “Court of Justice” denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially.

Illustration

A panchayat acting under *Regulation VII, 1816, of the Madras Code, having power to try and determine suits, is a Court of Justice.

“Public servant”.

21. The words “public servant” denote a person falling under any of the descriptions hereinafter following; namely:—

First—[Omitted]

Second—Every Commissioned Of cer in the Military, Naval or Air Forces of India;

Third—Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;

Fourth—Every of cer of a Court of Justice (including a liquidator, receiver or Commissioner) whose duty it is, as such of cer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties;

Fifth—Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant;

Sixth—Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority;

Seventh—Every person who holds any of ce by virtue of which he is empowered to place or keep any person in con nement;

Eighth—Every of cer of the Government whose duty it is, as such of cer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;

Ninth—Every of cer whose duty it is, as such of cer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document

*Omitted by the Madras Civil Courts Act, 1873 (3 of 1873).

relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government;

Tenth—Every of cer whose duty it is, as such of cer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;

Eleventh—Every person who holds any of ce in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;

Twelfth—Every person—

(a) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;

(

b) in the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as dened in section 617 of the Companies Act, 1956 (1 of 1956).

Illustration

A Municipal Commissioner is a public servant.

Explanation 1.— Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.

Explanation 2.— Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

Explanation 3.— The word “election” denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election.

“Movable property”.

22. The words “movable property” are intended to include corpo real property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.

“Wrongful gain”

23. “Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled.

“Wrongful loss”—“Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled.

Gaining wrongfully, losing wrongfully.

A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property. 5 INDIAN PENAL CODE

“Dishonestly”.

24. Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”.

“Fraudulently”.

25. A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

“Reason to believe”.

26. A person is said to have “reason to believe” a thing, if he has suf cient cause to believe that thing but not otherwise.

Property in possession of wife, clerk or servant.

27. When property is in the possession of a person’s wife, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Code.

Explanation.— A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this section.

“Counterfeit”.

28. A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.

Explanation 1.— It is not essential to counterfeiting that the imitation should be exact.

Explanation 2.— When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised.

“Document”.

29. The word “document” denotes any matter expressed or described upon any substance by means of letters, gures, or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.

Explanation 1.— It is immaterial by what means or upon what substance the letters, gures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not.

Illustrations

A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document.

A cheque upon a banker is a document. S. 29

INDIAN PENAL CODE 1860 – BARE ACT WITHOUT COMMENTS | AIBE

AUTHOR : TAXMANN'S EDITORIAL BOARD

PUBLISHER : TAXMANN

DATE OF PUBLICATION : SEPTEMBER 2025

EDITION : 2025 EDITION

ISBN NO : 9789364552523

NO. OF PAGES : 178

BINDING TYPE : PAPERBACK

DESCRIPTION

Indian Penal Code 1860 [Bare Act without Comments] by Taxmann is designed for the All India Bar Examination (AIBE) and provides the complete and authentic text of India's principal criminal law. Though repealed by the Bharatiya Nyaya Sanhita 2023, the IPC remains essential for academic study, transitional reference, and examinations. This Edition offers the unaltered statutory language, free from commentary, in a clear and exam-ready format.

The Present Publication is the 2025 Edition, covering the amended and updated text of the Indian Penal Code [Act No. 45 of 1860], with the following noteworthy features:

• [Authentic & Unabridged] Exact reproduction of the IPC as enacted and amended

• [Exam-oriented] Ideal structure for AIBE preparation and quick revision

• [Transitional Relevance] Useful for comparison with the Bharatiya Nyaya Sanhita 2023

• [Reader-friendly] Section-wise arrangement for easy reference

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