Of
Offences affecting Life
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
labouring 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
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 labouring 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 labouring 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 defence.
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 defence, 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 defence.
(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 defence 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 defence without
premeditation, and without any intention of doing more harm than is
necessary for the purpose of such defence.
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
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 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
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
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.
120[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.]
149[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
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
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
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
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
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
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
Whoever is a thug, shall be punished with 104[imprisonment for life],
and shall also be liable to fine.
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
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
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
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
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
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
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 endeavours 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
Whoever causes bodily pain, disease or infirmity to any person is said to
cause hurt.
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
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
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
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
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
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 -
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 defence.
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
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.
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 dishonour person,
otherwise than on grave provocation
Whoever assaults or uses criminal force to any person, intending thereby
to dishonour 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
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
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
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 Labour.
359. Kidnapping
Kidnapping. is of two kinds: kidnapping from 171[India], and kidnapping
from lawful guardianship.
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 authorised to consent on
behalf of the person, is said to kidnap that person from 154[India].
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
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
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.
157[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
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.
158[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 organisation 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
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
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].
160[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.]
160[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
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
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
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
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
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
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 recognised 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
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 labour
Whoever unlawfully compels any person to labour 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]
167[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.]
167[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 judgement, 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 judgement, 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.]
167[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.]
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.]
167[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 women’s 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.]
167[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
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. |
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