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291 | Continuance of nuisance after injunction to discontinue | Content: 291. Continuance of nuisance after injunction to discontinue Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both. -------------------------------------------------------------------------------- |
292 | Sale, etc., of obscene books, etc. | Content: [292. Sale, etc., of obscene books, etc. 138 [( 1 ) For the purposes of subsection (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt person, who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or. embodied in it]. 139 [(2)] Whoever- (a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or (b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or (c) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or (d) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person, or (e) offers or attempts to do any act which is an offence under this section, shall be punished 140 [on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees]. 140 [ Exception- This section does not extend to- (a) any book, pamphlet, paper, writing, drawing, painting, representation or figure- (i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art of learning or other objects of general concern, or (ii) which is kept or used bona fide for religious purposes; (b) any representation sculptured, engraved, painted or otherwise represented on or in- (i) any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or (ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.] STATE AMENDMENTS State of Orissa: Same as in Tamil Nadu [Vide Orissa Act No. 13 of 1962]. State of Tamil Nadu: In section 292 the words "shall be punished with imprisonment of either description for a term which may extend to three months or with fine or with both" substitute the following, namely:- shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both.. Provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of either description for a term which shall not be less than six months and not more than two years and with fine." [Vide T.N. Act No. 25 of 1960]. State of Orissa: Section 292A Same as in Tamil Nadu [Vide Orissa Act No. 13 of 1962]. State of Tamil Nadu: Add after section 292 the following new section namely:- -------------------------------------------------------------------------------- |
292 | Printing, etc., of grossly indecent or scurrilous matter or matter intended for blackmail | Content: 292A. Printing, etc., of grossly indecent or scurrilous matter or matter intended for blackmail Whoever,- (a) prints or causes to be printed in any newspaper, periodical or circular, or exhibits or causes to be exhibited, to public view or distributes or causes to be distributed or in any manner puts into circulation any picture or any printed or written document which is grossly indecent, or in scurrilous or intended for blackmail; or (b) sells or lets for hire, or for purposes of sale or hire makes, produces or has in his possession, any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail; or (c) conveys any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail knowing or having reason to believe that such picture or document will be printed, sold, let for hire distributed or publicly exhibited or in any manner put into circulation; or (d) takes part in, or receives profits from, any business in the course of which he knows or has reason to believe that any such newspaper, periodical, circular, picture or other printed or written document is printed, exhibited, distributed, circulated, sold. let for hire, made, produced, kept, conveyed or purchased.. or (e) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any Act which is an offence under this section, or that any such newspaper, periodical, circular, picture or other printed or written document which is grossly indecent or is scurrilous or intended for blackmail, can be procured from or through any person; or (f) offers or attempts to do any act which is an offence under this section *[shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both]: Provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of either description for a term which shall not be less than six months *[and not more than two years]. Explanation 1- For the purposes of this section, the word scurrilous shall be deemed to include any matter which is likely to be injurious to morality or is calculated to injure any person: Provided that it is not scurrilous to express in good faith anything whatever respecting the conduct of- (i) a public servant in the discharge of his public functions or respecting his character so far as his character appears in that conduct and no further: or (ii) any person touching any public question, and respecting his character, so far as his character appears in that conduct and no further. Explanation II- In deciding whether any person has committed an offence under this section, the court shall have regard inter alia, to the following considerations- (a) The general character of the person charged, and where relevant the nature of his business; (b) the general character and dominant effect of the matter alleged to be grossly indecent or. scurrilous or intended for blackmail; (c) any evidence offered or called by or on behalf of the accused person as to his intention in committing any of the acts specified in this section. Vide 'T'.N. Act No. 25 of 1960]. *Substituted by T.N. Act No. 30 of 1984 -------------------------------------------------------------------------------- |
293 | Sale, etc., of obscene objects to young person | Content: [293. Sale, etc., of obscene objects to young person Whoever sells, lets to hire, distributes, exhibits or circulates to any person under the age of twenty years any such obscene object as is referred to in the last preceding section, or offers or attempts so to do, shall be punished 140 [on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to seven years, and also with fine which may extend to five thousand rupees].] STATE AMENDMENTS State of Orissa: Same as in Tamil Nadu [vide Orissa Act No. 13 of 1962]. State of Tamil Nadu: In Section 293- (a) for the words "any such obscene object as is referred to in the last preceding section" the words, figures and letter "any such obscene object as is referred to in section 292 or any such newspaper, periodical, circular, picture or other printed or written document as is referred to in section 292-A" shall be substituted; (b) for the words "which may extend to six months" the words "which may extend to three years" shall be substituted; (c) in the marginal note, after the words "obscene objects" the words "any grossly indecent or scurrilous matter intended for blackmail shall be inserted." [Vide T.N. Act No. 25 of 1960]. -------------------------------------------------------------------------------- |
294 | Obscene acts and songs | Content: [294. Obscene acts and songs Whoever, to the annoyance of others- (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.] -------------------------------------------------------------------------------- |
294 | Keeping lottery office | Content: [294A. Keeping lottery office Whoever keeps any office or place for the purpose of drawing any lottery 142 [not being 143 [a State lottery] or a lottery authorized by the 144 [State] Government], shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to one thousand rupees.] STATE AMENDMENTS State of Andhra Pradesh: In Andhra Pradesh, section 294-A repealed. [Vide Andhra Pradesh Act No. 16 of 1968, section 27]. State of Gujarat: In Gujarat, section 294-A repealed. [Vide Bombay Act No. 82 of 1958]. State of Karnataka: In Karnataka area except Bellary District, section 294-A repealed. [Vide Karnataka Act No. 27 of 1957]. State of Maharashtra: In Maharashtra, section 294-A repealed. [Vide Bombay Act No. 82 of 1958.] -------------------------------------------------------------------------------- |
295 | Injuring or defiling place of worship with intent to insult the religion of any class | Content: 295. Injuring or defiling place of worship with intent to insult the religion of any class Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both. -------------------------------------------------------------------------------- |
295 | Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs | Content: [295A. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of 146 [citizens of India], 147 [by words, either spoken or written, or by signs or by visible representations or otherwise], insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to 148 [three years], or with fine, or with both.] -------------------------------------------------------------------------------- |
296 | Disturbing religious assembly | Content: 296. Disturbing religious assembly Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. -------------------------------------------------------------------------------- |
297 | Trespassing on burial places, etc | Content: 297. Trespassing on burial places, etc Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sculpture, or any place set apart from the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. -------------------------------------------------------------------------------- |
298 | Uttering, words, etc., with deliberate intent to wound the religious feelings of any person | Content: 298. Uttering, words, etc., with deliberate intent to wound the religious feelings of any person- Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places, any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. -------------------------------------------------------------------------------- |
299 | Culpable homicide | Content: 299. Culpable homicide Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. Illustrations (a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide. (b) A knows Z to be behind a bush. B does not know it A, intending to cause, or knowing it to be likely to cause Z's death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide. (c) A, by shooting at a fowl with intent to kill and steal it, kills B who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death. Explanation 1- A person who causes bodily injury to another who is laboring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. Explanation 2- Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. Explanation 3- The causing. of the death of child in the mother's womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born. -------------------------------------------------------------------------------- |
300 | Murder | Content: 300. Murder Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or- Secondly- If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or- Thirdly- If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or- Fourthly,- If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. Illustrations (a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder. (b) A, knowing that Z is laboring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is laboring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death. (c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here, A is guilty of murder, although he may not have intended to cause Z's death. (d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual. Exception 1- When culpable homicide is not murder- Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident. The above exception is subject to the following provisos:- First- That the provocation is not sought or voluntarily provoked by the offender as an excuse for killing. or doing harm to any person. Secondly- That the provocation is not given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant. Thirdly- That the provocation is not given by anything done in the lawful exercise of the right of private defense. Explanation- Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact. Illustrations (a) A, under the influence of passion excited by a provocation given by Z, intentionally kills. Y, Z's child. This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation. (b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide. (c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing done by a public servant in the exercise of his powers. (d) A appears as witness before Z, a Magistrate, Z says that he does not believe a word of A's deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder. (e) A attempts to pull Z's nose, Z, in the exercise of the right of private defense, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, in as much as the provocation was given by a thing done in the exercise of the right of private defense. (f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B's rage, and to cause him to kill Z, puts a knife into B's hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder. Exception 2- Culpable homicide is not murder if the offender, in the exercise in good faith of the right of private defense of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defense without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defense. Illustration Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide. Exception 3- Culpable homicide is not murder if the offender, being a public servant or aiding. a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused. Exception 4.- Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner. Explanation- It is immaterial in such cases which party offers the provocation or commits the first assault. Exception 5- Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent. Illustration A, by instigation, voluntarily causes, Z, a person under eighteen years of age to commit suicide. Here, on account of Z's youth, he was incapable of giving consent to his own death; A has therefore abetted murder. -------------------------------------------------------------------------------- |
301 | Culpable homicide by causing death of person other than person whose death was intended | Content: 301. Culpable homicide by causing death of person other than person whose death was intended If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause. -------------------------------------------------------------------------------- |
302 | Punishment for murderPunishment for murder | Content: 302. Punishment for murder Whoever commits murder shall be punished with death, or 104 [imprisonment for life], and shall also be liable to fine. -------------------------------------------------------------------------------- |
303 | Punishment for murder by life-convict | Content: 303. Punishment for murder by life-convict Whoever, being under sentence of 104 [imprisonment for life], commits murder, shall be punished with death. -------------------------------------------------------------------------------- |
304 | Punishment for culpable homicide not amounting to murder | Content: 304. Punishment for culpable homicide not amounting to murder Whoever commits culpable homicide not amounting to murder shall be punished with 104 [imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death. -------------------------------------------------------------------------------- |
304 | Causing death by negligence | Content: [304A. Causing death by negligence Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.] -------------------------------------------------------------------------------- |
304 | Dowry death | Content: [304B. Dowry death (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death. Explanation- For the purpose of this sub-section, "dowry" shall have the same meaning. as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.] -------------------------------------------------------------------------------- |
305 | Abetment of suicide of child or insane person | Content: 305. Abetment of suicide of child or insane person If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or 104 [imprisonment for life], or imprisonment for a term not exceeding ten years, and shall also be liable to fine. -------------------------------------------------------------------------------- |
306 | Abetment of suicide | Content: 306. Abetment of suicide If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. -------------------------------------------------------------------------------- |
307 | Attempt to murder | Content: 307. Attempt to murder Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty or murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to 104 [imprisonment for life], or to such punishment as is here in before mentioned. Attempts by life convicts- 120 [When any person offending under this section is under sentence of 104 [imprisonment for life], he may, if hurt is caused, be punished with death.] Illustrations (a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued. A would be guilty of murder. A is liable to punishment under this section. (b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensure. (c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section, and if by such firing, he wounds Z, he is liable to the punishment provided by the latter part of 150 [the first paragraph of] this section. (d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A's keeping; A has not yet committed the offence defined in this section. A places the food on Z's table or delivers it to Z's servant to place it on Z's table. A has committed the offence defined in this section. -------------------------------------------------------------------------------- |
308 | Attempt to commit culpable homicide | Content: 308. Attempt to commit culpable homicide Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Illustration A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death lie would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section. -------------------------------------------------------------------------------- |
309 | Attempt to commit suicide | Content: 309. Attempt to commit suicide Whoever attempts to commit suicide and does any act towards the commission of such offence, shall he punished with simple imprisonment for a term which may extend to one year 151 [or with fine, or with both]. -------------------------------------------------------------------------------- |
310 | Thug | Content: 310. Thug Whoever, at any time after the passing of this Act, shall have been habitually associated with any other or others for the purpose of committing robbery or child-stealing by means of or accompanied with murder, is a thug, -------------------------------------------------------------------------------- |
311 | Punishment | Content: 311. Punishment Whoever is a thug, shall be punished with 104 [imprisonment for life], and shall also be liable to fine. -------------------------------------------------------------------------------- |
312 | Causing miscarriage | Content: 312. Causing miscarriage Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall he punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation- A woman who causes herself to miscarry, is within the meaning of this section. -------------------------------------------------------------------------------- |
313 | Causing miscarriage without woman's consent | Content: 313. Causing miscarriage without woman's consent Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with 104 [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. -------------------------------------------------------------------------------- |
314 | Death caused by act done with intent to cause miscarriage | Content: 314. Death caused by act done with intent to cause miscarriage Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term may extend to ten years, and shall also be liable to fine; If act done without woman's consent- And if the act is done without the consent of the woman, shall be punished either with 104 [imprisonment for life], or with the punishment above mentioned. Explanation- It is not essential to this offence that the offender should know that the act is likely to cause death. -------------------------------------------------------------------------------- |
315 | Act done with intent to prevent child being born alive or to cause it to die after birth | Content: 315. Act done with intent to prevent child being born alive or to cause it to die after birth Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both. -------------------------------------------------------------------------------- |
316 | Causing death of quick unborn child by act amounting to culpable homicide | Content: 316. Causing death of quick unborn child by act amounting to culpable homicide Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Illustration A, knowing, that he is likely to cause the death of a pregnant woman does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section. -------------------------------------------------------------------------------- |
317 | Exposure and abandonment of child under twelve years, by parent or person having care of it | Content: 317. Exposure and abandonment of child under twelve years, by parent or person having care of it Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Explanation- This section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child die in consequence of the exposure. -------------------------------------------------------------------------------- |
318 | Concealment of birth by secret disposal of dead body | Content: 318. Concealment of birth by secret disposal of dead body Whoever, by secretly burying or otherwise disposing of the death body of a child whether such child die before or after or during its birth, intentionally conceals or endeavors to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Of Hurt -------------------------------------------------------------------------------- |
319 | Hurt | Content: 319. Hurt Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. -------------------------------------------------------------------------------- |
320 | Grievous hurt | Content: 320. Grievous hurt The following kinds of hurt only are designated as "grievous":- First- Emasculation. Secondly- Permanent privation of the sight of either eye. Thirdly- Permanent privation of the hearing of either ear, Fourthly- Privation of any member or joint. Fifthly- Destruction or permanent impairing of the powers of any member or joint. Sixthly- Permanent disfiguration of the head or face. Seventhly- Fracture or dislocation of a bone or tooth. Eighthly- Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits. -------------------------------------------------------------------------------- |
321 | Voluntarily causing hurt | Content: 321. Voluntarily causing hurt Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said "voluntarily to cause hurt". -------------------------------------------------------------------------------- |
322 | Voluntarily causing grievous hurt | Content: 322. Voluntarily causing grievous hurt Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes grievous hurt, is said "voluntarily to cause grievous hurt." Explanation- A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind. Illustration A, intending or knowing. himself to be likely permanently to disfigure Z's face, gives Z a blow which does not permanently disfigure Z's face, but which cause Z to suffer severe bodily pain for the space of twenty days. A has voluntarily caused grievous hurt. -------------------------------------------------------------------------------- |
323 | Punishment for voluntarily causing hurt | Content: 323. Punishment for voluntarily causing hurt Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. -------------------------------------------------------------------------------- |
324 | Voluntarily causing hurt by dangerous weapons or means | Content: 324. Voluntarily causing hurt by dangerous weapons or means Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. -------------------------------------------------------------------------------- |
325 | Punishment for voluntarily causing grievous hurt | Content: 325. Punishment for voluntarily causing grievous hurt Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. -------------------------------------------------------------------------------- |
326 | Voluntarily causing grievous hurt by dangerous weapons or means | Content: 326. Voluntarily causing grievous hurt by dangerous weapons or means - Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with 152 [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. -------------------------------------------------------------------------------- |
327 | Voluntarily causing hurt to extort property, or to constrain to an illegal act | Content: 327. Voluntarily causing hurt to extort property, or to constrain to an illegal act Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. -------------------------------------------------------------------------------- |
328 | Causing hurt by means of poison, etc. with intent to commit an offence | Content: 328. Causing hurt by means of poison, etc. with intent to commit an offence Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. -------------------------------------------------------------------------------- |
329 | Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act | Content: 329. Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything that is illegal or which may facilitate the commission of an offence, shall be punished with 152 [imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. -------------------------------------------------------------------------------- |
330 | Voluntarily causing hurt to extort confession, or to compel restoration of property | Content: 330. Voluntarily causing hurt to extort confession, or to compel restoration of property Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Illustrations (a) A, a police-officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section. (b) A, a police-officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section. (c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from Z. A is guilty of an offence under this section. (d) A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty of an offence under this section. -------------------------------------------------------------------------------- |
331 | Voluntarily causing grievous hurt to extort confession, or to compel restoration of property | Content: 331. Voluntarily causing grievous hurt to extort confession, or to compel restoration of property Whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. -------------------------------------------------------------------------------- |
332 | Voluntarily causing hurt to deter public servant from his duty | Content: 332. Voluntarily causing hurt to deter public servant from his duty Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. -------------------------------------------------------------------------------- |
333 | Voluntarily causing grievous hurt to deter public servant from his duty | Content: 333. Voluntarily causing grievous hurt to deter public servant from his duty Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. -------------------------------------------------------------------------------- |
334 | Voluntarily causing hurt on provocation | Content: 334. Voluntarily causing hurt on provocation Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both. -------------------------------------------------------------------------------- |
335 | Voluntarily causing grievous hurt on provocation | Content: 335. Voluntarily causing grievous hurt on provocation Whoever 153 [voluntarily] causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to four years, or with fine which may extend to two thousand rupees, or with both. Explanation- The last two sections are subject to the same provisos as Explanation 1, section 300. -------------------------------------------------------------------------------- |
336 | Act endangering life or personal safety of others | Content: 336. Act endangering life or personal safety of others Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both. -------------------------------------------------------------------------------- |
337 | Causing hurt by act endangering life or personal safety of others | Content: 337. Causing hurt by act endangering life or personal safety of others Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. -------------------------------------------------------------------------------- |
338 | Causing grievous hurt by act endangering life or personal safety of others | Content: 338. Causing grievous hurt by act endangering life or personal safety of others Whoever causes grievous hurt to any person to doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both. Of Wrongful Restraint and Wrongful Confinement -------------------------------------------------------------------------------- |
339 | Wrongful restraint | Content: 339. Wrongful restraint Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. Exception- The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section. Illustration A obstructs a path along which Z has a right to pass. A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z. -------------------------------------------------------------------------------- |
340 | Wrongful confinement | Content: 340. Wrongful confinement Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said "wrongfully to confine" that person. Illustrations (a) A causes Z to go within a walled space, and locks Z in. A is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z. (b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z. -------------------------------------------------------------------------------- |
341 | Punishment for wrongful restraint | Content: 341. Punishment for wrongful restraint Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both. -------------------------------------------------------------------------------- |
342 | Punishment for wrongful confinement | Content: 342. Punishment for wrongful confinement Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. -------------------------------------------------------------------------------- |
343 | Wrongful confinement for three or more days | Content: 343. Wrongful confinement for three or more days Whoever wrongfully confines any person for three days, or more, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. -------------------------------------------------------------------------------- |
344 | Wrongful confinement for ten or more days | Content: 344. Wrongful confinement for ten or more days Whoever wrongfully confines any person for ten days, or more, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. -------------------------------------------------------------------------------- |
345 | Wrongful confinement of person for whose liberation writ has been issued | Content: 345. Wrongful confinement of person for whose liberation writ has been issued Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter. -------------------------------------------------------------------------------- |
346 | Wrongful confinement in secret | Content: 346. Wrongful confinement in secret Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as here in before mentioned, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any other punishment to which he may be liable for such wrongful confinement. -------------------------------------------------------------------------------- |
347 | Wrongful confinement to extort property, or constrain to illegal act | Content: 347. Wrongful confinement to extort property, or constrain to illegal act Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything. illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. -------------------------------------------------------------------------------- |
348 | Wrongful confinement to extort confession, or compel restoration of property | Content: 348. Wrongful confinement to extort confession, or compel restoration of property Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Of Criminal Force and Assault -------------------------------------------------------------------------------- |
349 | Force | Content: 349. Force A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact that other's body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affects that other's sense of feeling: Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the three ways hereinafter described. First- -By his own bodily power. Secondly- By disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person. Thirdly- By inducing any animal to move, to change its motion, or to cease to move. -------------------------------------------------------------------------------- |
350 | Criminal force | Content: 350. Criminal force Whoever intentionally uses force to any person, without that person's consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other. Illustrations (a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other act on any person's part. A has therefore intentionally used force to Z; and if he has done so without Z's consent, in order to the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z. (b) Z is riding in a chariot. A lashes Z's horses, and thereby causes them to quicken their pace. Here Z has caused change of motion to Z by inducing the animals to change their motion. A has therefore used force to Z; and if A has done this without Z's consent, intending, or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z. (c) Z is riding. in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z; and as A has acted thus intentionally, without Z's consent, in order to the commission of an offence. A has used criminal force to Z. (d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z; and if he has done so without Z's consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z. (e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z's clothes, or with something carried by Z, or that it will strike water and dash up the water against Z's clothes or something carried by Z. Here, if the throwing of the stone produce the effect of causing any substance to come into contact with Z, or Z's clothes. A has used force to Z; and if he did so without Z's consent, intending thereby to injure, frighten or annoy ,Z, he has criminal force by Z. (f) A intentionally pulls up a woman's veil. Here A intentionally uses force to her, and if he does so without her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her. (g) Z is bathing, A pours into the bath water which he knows to be boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with that water so situated that such contact must affect Z's sense of feeling ; A has therefore intentionally used force to Z ; and if he has done this without Z's consent intending or knowing it to be likely that he may thereby cause injury, fear, or annoyance to Z, A has used criminal force. (h) A incites a dog to spring upon Z, without Z's consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses criminal force to Z. -------------------------------------------------------------------------------- |
351 | Assault | Content: 351. Assault Whoever makes any gesture, or any preparation intending or knowing. it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. Explanation- Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparation such a meaning as may make those gestures or preparations amount to an assault. Illustrations (a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z, A has committed an assault. (b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z. (c) A takes up a stick, saying to Z, "I will give you a beating". Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault, the gesture explained by the words may amount to an assault. -------------------------------------------------------------------------------- |
352 | Punishment for assault or criminal force otherwise than on grave provocation | Content: 352. Punishment for assault or criminal force otherwise than on grave provocation Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. Explanation- Grave and sudden provocation will not mitigate the punishment for an offence under this section. if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence, or if the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the powers of such public servant, or if the provocation is given by anything done in the lawful exercise of the right of private defense. Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact. -------------------------------------------------------------------------------- |
353 | Assault or criminal force to deter public servant from discharge of his duty | Content: 353. Assault or criminal force to deter public servant from discharge of his duty Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. -------------------------------------------------------------------------------- |
354 | Assault or criminal force to woman with intent to outrage her modesty. | Content: 354. Assault or criminal force to woman with intent to outrage her modesty. Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. -------------------------------------------------------------------------------- |
355 | Assault or criminal force with intent to dishonor person, otherwise than on grave provocation | Content: 355. Assault or criminal force with intent to dishonor person, otherwise than on grave provocation Whoever assaults or uses criminal force to any person, intending thereby to dishonor that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. -------------------------------------------------------------------------------- |
356 | Assault or criminal force in attempt to commit theft of property carried by a person | Content: 356. Assault or criminal force in attempt to commit theft of property carried by a person Whoever assaults or uses criminal force to any person, in attempting to commit theft on any property which that person is then wearing or carrying, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. -------------------------------------------------------------------------------- |
357 | Assault or criminal force in attempt wrongfully to confine a person | Content: 357. Assault or criminal force in attempt wrongfully to confine a person Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. -------------------------------------------------------------------------------- |
358 | Assault or criminal force on grave provocation | Content: 358. Assault or criminal force on grave provocation Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. Explanation- The last section is subject to the same Explanation as section 352. Of Kidnapping, Abduction, Slavery and Forced Labor. -------------------------------------------------------------------------------- |
359 | Kidnapping | Content: 359. Kidnapping Kidnapping. is of two kinds: kidnapping from 171 [India], and kidnapping from lawful guardianship. -------------------------------------------------------------------------------- |
360 | Kidnapping from India | Content: 360.Kidnapping from India- Whoever conveys any person beyond the limits of 154 [India] without the consent of that person, or of some person legally authorized to consent on behalf of the person, is said to kidnap that person from 154 [India]. -------------------------------------------------------------------------------- |
361 | Kidnapping from lawful guardianship | Content: 361. Kidnapping from lawful guardianship Whoever takes or entices any minor under 155 [sixteen] years of age if a male, or under 156 [eighteen] years of age if a female, or. any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful Guardianship. Explanation- The words "lawful guardian" in this section include any person lawfully entrusted with the care of custody of such minor or other person. Explanation- This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to lawful custody of such child, unless such act is committed for an immoral or unlawful purpose. STATE AMENDMENTS Union of Territory of Manipur: In its application to Union Territory of Manipur, in section 361 for the words 'eighteen' substitute the word 'fifteen'. [Vide Act No. 30 of 1950]. -------------------------------------------------------------------------------- |
362 | Abduction | Content: 362. Abduction Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person. -------------------------------------------------------------------------------- |
363 | Punishment for kidnapping | Content: 363. Punishment for kidnapping Whoever kidnaps any person from 154 [India] or front lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. -------------------------------------------------------------------------------- |
363 | Kidnapping or maiming a minor for purposes of begging | Content: [363A. Kidnapping or maiming a minor for purposes of begging (1) Whoever Kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purpose of begging shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (2) Whoever maims any minor in order that such minor can be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine. (3) Where any person, not being the lawful guardian of a minor, employs or uses such minor for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of that minor in order that the minor might be employed or used for the purposes of begging. (4) In this section,- (a) "begging," means- (i) soliciting or receiving, alms in a public place, whether under the pretence of singing, dancing, fortune-telling, performing tricks or selling articles or otherwise; (ii) entering on any private premises for the purpose of soliciting or receiving alms ; (iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal; . (iv) using a minor as an exhibit for the purpose of soliciting or receiving alms; (b) "minor" means- (i) in the case of a male, a person under sixteen years of age; and (ii) in the case of a female, a person under eighteen years of age.] -------------------------------------------------------------------------------- |
364 | Kidnapping or abducting in order to murder | Content: 364. Kidnapping or abducting in order to murder Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with 152 [imprisonment for life] or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Illustrations (a) A kidnaps Z from 154 [India], intending or knowing it to be likely that Z may he sacrificed to an idol. A has committed the offence defined in this section. (b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section. -------------------------------------------------------------------------------- |
364 | Kidnapping for ransom, etc | Content: [364A. Kidnapping for ransom, etc Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or 159 [any foreign State or international inter-governmental organization or any other person] to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.] -------------------------------------------------------------------------------- |
365 | Kidnapping or abducting with intent secretly and wrongfully to confine person | Content: 365. Kidnapping or abducting with intent secretly and wrongfully to confine person Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. -------------------------------------------------------------------------------- |
366 | Kidnapping, abducting or inducing woman to compel her marriage, etc | Content: 366. Kidnapping, abducting or inducing woman to compel her marriage, etc Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her. will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; 160 [and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable as aforesaid]. -------------------------------------------------------------------------------- |
366 | Procuration | Content: [366A. Procuration of minor girl Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.] -------------------------------------------------------------------------------- |
366 | Importation of girl from foreign country | Content: [366B. Importation of girl from foreign country Whoever imports into 161 [India] from any country outside India 162 [or from the State of Jammu and Kashmir] any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, 163 [***] shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.] -------------------------------------------------------------------------------- |
367 | Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc | Content: 367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subject to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. -------------------------------------------------------------------------------- |
368 | Wrongfully concealing or keeping in confinement, kidnapped or abducted person | Content: 368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement. -------------------------------------------------------------------------------- |
369 | Kidnapping or abducting child under ten years with intent to steal from its person | Content: 369. Kidnapping or abducting child under ten years with intent to steal from its person Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. -------------------------------------------------------------------------------- |
370 | Buying or disposing of any person as a slave | Content: 370. Buying or disposing of any person as a slave Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. -------------------------------------------------------------------------------- |
371 | Habitual dealing in slaves | Content: 371. Habitual dealing in slaves Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with 152 [imprisonment for life], or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. -------------------------------------------------------------------------------- |
372 | Selling minor for purposes of prostitution, etc | Content: 372. Selling minor for purposes of prostitution, etc Whoever sells, lets to hire, or otherwise disposes of any 164 [person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be] employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine. 165 [ Explanation I- When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. Explanation II -For the purposes of this section 'illicit intercourse" means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognized by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.] -------------------------------------------------------------------------------- |
373 | Buying minor for purposes of prostitution, etc | Content: 373. Buying minor for purposes of prostitution, etc Whoever buys, hires or otherwise obtains possession of any 164 [person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, of knowing it to be likely that such person will at any age be] employed or used for any purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 165 [ Explanation I- Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution. Explanation II- "Illicit intercourse" has the same meaning as in section 372.] -------------------------------------------------------------------------------- |
374 | Unlawful compulsory labor | Content: 374. Unlawful compulsory labor Whoever unlawfully compels any person to labor against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 166 [Sexual offences] -------------------------------------------------------------------------------- |
375 | Rape | Content: [375. Rape A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:- First- Against her will. Secondly,- Without her consent. Thirdly- With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt. Fourthly- With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. Fifthly - With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. Sixthly - With or without her consent, when she is under sixteen years of age. Explanation- Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. Exception- Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.] STATE AMENDMENT Union Territory of Manipur: (a) in clause sixthly, for the word "sixteen" substitute the word "fourteen"; and (b) in the Exception, for- the word "fifteen" substitute the word "thirteen". [vide Act 30 of 1950.] -------------------------------------------------------------------------------- |
376 | Punishment for rape | Content: [376. Punishment for rape (1) Whoever, except in the cases provided for by subsection (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years. (2) Whoever,- (a) being a police officer commits rape- (i) within the limits of the police station to which he is appointed; or (ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or (iii) on a woman in his custody or in the custody of a police officer subordinate to him; or (b) being, a public servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public servant subordinate to him; or (c) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman's or children's institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or (d) being, on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or (e) commits rape on a woman knowing her to be pregnant; or (f) commits rape on a woman when she is under twelve years of age; or (g) commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years. Explanation 1- Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section. Explanation 2- "Women's or children's institution" means an institution, whether called an orphanage or a home for neglected woman or children or a widows' home or by any other name, which is established and maintained for the reception and care of woman or children. Explanation 3- "Hospital" means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring, medical attention or rehabilitation.] -------------------------------------------------------------------------------- |
376 | Intercourse by a man with his wife during separation | Content: [376A. Intercourse by a man with his wife during separation Whoever has sexual intercourse with his own wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.] -------------------------------------------------------------------------------- |
376 | Intercourse by public servant with woman in his custody | Content: 376B. Intercourse by public servant with woman in his custody Whoever, being a public servant, takes advantage of his official position and induces or seduces, any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.] -------------------------------------------------------------------------------- |
376 | Intercourse by superintendent of jail, remand home, etc | Content: [376C. Intercourse by superintendent of jail, remand home, etc Whoever, being the superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman's or children's institution takes advantage of his official position and induces or seduces any female inmate of such jail, remand home, place or institution to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine. Explanation 1- "Superintendent" in relation to jail, remand home or other place of custody or a womens or- children's institution includes a person holding any other office in such jail, remand home, place or institution by virtue of which he can exercise any authority or control over its inmates. Explanation 2- The expression "women's or children's institution" shall have the same meaning as in Explanation 2 to sub-section (2) of section 376.] -------------------------------------------------------------------------------- |
376 | Intercourse by any member of the management or staff of a hospital with any woman in that hospital | Content: [376D. Intercourse by any member of the management or staff of a hospital with any woman in that hospital Whoever, being on the management of a hospital or hem. on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman in that hospital, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine. Explanation- The expression "hospital" shall have the same meaning as in Explanation 3 to sub-section (2) of section 376.] Of Unnatural offences -------------------------------------------------------------------------------- |
377 | Unnatural offences | Content: 377. Unnatural offences Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 152 [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation- Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. -------------------------------------------------------------------------------- |
Subsets and Splits