Bharatiya_Nyaya_Sanhita,_2023 (1).pdf

AS INTRODUCED IN LOK SABHA Bill No. 121 of 2023 THE BHARATIYA NYAYA SANHITA, 2023 —————...

AS INTRODUCED IN LOK SABHA Bill No. 121 of 2023 THE BHARATIYA NYAYA SANHITA, 2023 ————— ARRANGEMENT OF CLAUSES ————— CHAPTER I PRELIMINARY CLAUSES 1. Short title, commencement and application. 2. Definitions. 3. General Explanations and expressions. CHAPTER II OF PUNISHMENTS 4. Punishments. 5. Commutation of sentence of death or imprisonment for life. 6. Fractions of terms of punishment. 7. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple. 8. Amount of fine, liability in default of payment of fine, etc. 9. Limit of punishment of offence made up of several offences. 10. Punishment of person guilty of one of several offences, the judgment stating that it is doubtful of which. 11. Solitary confinement. 12. Limit of solitary confinement. 13. Enhanced punishment for certain offences after previous conviction. CHAPTER III GENERAL EXCEPTIONS 14. Act done by a person bound, or by mistake of fact believing himself bound, by law. 15. Act of Judge when acting judicially. 16. Act done pursuant to the judgment or order of Court. 17. Act done by a person justified, or by mistake of fact believing himself, justified, by law. 18. Accident in doing a lawful act. 19. Act likely to cause harm, but done without criminal intent, and to prevent other harm. 20. Act of a child under seven years of age. 21. Act of a child above seven and under twelve of immature understanding. 22. Act of a person of mental illness. 23. Act of a person incapable of judgment by reason of intoxication caused against his will.  (ii) CLAUSES 24. Offence requiring a particular intent or knowledge committed by one who is intoxicated. 25. Act not intended and not known to be likely to cause death or grievous hurt, done by consent. 26. Act not intended to cause death, done by consent in good faith for person’s benefit. 27. Act done in good faith for benefit of child or person with mental illness, by or by consent of guardian. 28. Consent known to be given under fear or misconception. 29. Exclusion of acts which are offences independently of harm caused. 30. Act done in good faith for benefit of a person without consent. 31. Communication made in good faith. 32. Act to which a person compelled by threats. 33. Act causing slight harm. Of the Right of Private Defence 34. Things done in private defence. 35. Right of private defence of the body and of property. 36. Right of private defence against the act of a person with mental illness, etc. 37. Acts against which there is no right of private defence. 38. When the right of private defence of the body extends to causing death. 39. When such right extends to causing any harm other than death. 40. Commencement and continuance of the right of private defence of the body. 41. When the right of private defence of property extends to causing death. 42. When such right extends to causing any harm other than death. 43. Commencement and continuance of the right of private defence of property. 44. Right of private defence against deadly assault when there is risk of harm to innocent person. CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT Of Abetment 45. Abetment of a thing. 46. Abettor. 47. Abetment in India of offences outside India. 48. Abetment outside India for offence in India. 49. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment. 50. Punishment of abetment if person abetted does act with different intention from that of abettor. 51. Liability of abettor when one act abetted and different act done. 52. Abettor when liable to cumulative punishment for act abetted and for act done.  (iii) CLAUSES 53. Liability of abettor for an effect caused by the act abetted different from that intended by the abettor. 54. Abettor present when offence is committed. 55. Abetment of offence punishable with death or imprisonment for life. 56. Abetment of offence punishable with imprisonment. 57. Abetting commission of offence by the public or by more than ten persons. 58. Concealing design to commit offence punishable with death or imprisonment for life. 59. Public servant concealing design to commit offence which it is his duty to prevent. 60. Concealing design to commit offence punishable with imprisonment. Of Criminal Conspiracy 61. Criminal conspiracy. Of Attempt 62. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment. CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILDREN Of Sexual offences 63. Rape. 64. Punishment for rape. 65. Punishment for rape in certain cases. 66. Punishment for causing death or resulting in persistent vegetative state of victim. 67. Sexual intercourse by husband upon his wife during separation or by a person in authority. 68. Sexual intercourse by a person in authority. 69. Sexual intercourse by employing deceitful means etc. 70. Gang rape. 71. Punishment for repeat offenders. 72. Disclosure of identity of the victim of certain offences, etc. Of criminal force and assault against women 73. Assault or criminal force to woman with intent to outrage her modesty. 74. Sexual harassment and punishment for sexual harassment. 75. Assault or use of criminal force to woman with intent to disrobe. 76. Voyeurism. 77. Stalking. 78. Word, gesture or act intended to insult the modesty of a woman. Of offences relating to marriage 79. Dowry death. 80. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.  (iv) CLAUSES 81. Marrying again during lifetime of husband or wife. 82. Marriage ceremony fraudulently gone through without lawful marriage. 83. Enticing or taking away or detaining with criminal intent a married woman. 84. Husband or relative of husband of a woman subjecting her to cruelty. 85. Kidnapping, abducting or inducing woman to compel her marriage, etc. Of the causing of miscarriage, etc. 86. Causing miscarriage. 87. Causing miscarriage without woman’s consent. 88. Death caused by act done with intent to cause miscarriage. 89. Act done with intent to prevent child being born alive or to cause it to die after birth. 90. Causing death of quick unborn child by act amounting to culpable homicide. Of offences against children 91. Exposure and abandonment of child under twelve years, by parent or person having care of it. 92. Concealment of birth by secret disposal of dead body. 93. Hiring, employing or engaging a child to commit an offence. 94. Procuration of child. 95. Kidnapping or abducting child under ten years with intent to steal from its person. 96. Selling child for purposes of prostitution, etc. 97. Buying child for purposes of prostitution, etc. CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY Of offences affecting life 98. Culpable homicide. 99. Murder. 100. Culpable homicide by causing death of person other than person whose death was intended. 101. Punishment for murder. 102. Punishment for murder by life-convict. 103. Punishment for culpable homicide not amounting to murder. 104. Causing death by negligence. 105. Abetment of suicide of child or person with mental illness. 106. Abetment of suicide. 107. Attempt to murder. 108. Attempt to commit culpable homicide. 109. Organised crime.  (v) CLAUSES 110. Petty organised crime or organised in general. 111. Offence of terrorist act. Of hurt 112. Hurt. 113. Voluntarily causing hurt. 114. Grievous hurt. 115. Voluntarily causing grievous hurt. 116. Voluntarily causing hurt or grievous hurt by dangerous weapons or means. 117. Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal to an act. 118. Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property. 119. Voluntarily causing hurt or grievous hurt to deter public servant from his duty. 120. Voluntarily causing hurt or grievous hurt on provocation. 121. Causing hurt by means of poison, etc., with intent to commit an offence. 122. Voluntarily causing grievous hurt by use of acid, etc. 123. Act endangering life or personal safety of others. 124. Wrongful restraint. 125. Wrongful confinement. Of Criminal Force and Assault 126. Force. 127. Criminal force. 128. Assault. 129. Punishment for assault or criminal force otherwise than on grave provocation. 130. Assault or criminal force to deter public servant from discharge of his duty. 131. Assault or criminal force with intent to dishonor person, otherwise than on grave provocation. 132. Assault or criminal force in attempt to commit theft of property carried by a person. 133. Assault or criminal force in attempt wrongfully to confine a person. 134. Assault or criminal force on grave provocation. Of Kidnapping, Abduction, Slavery and Forced Labour 135. Kidnapping. 136. Abduction. 137. Kidnapping or maiming a child for purposes of begging. 138. Kidnapping or abducting in order to murder or for ransom etc. 139. Importation of girl or boy from foreign country. 140. Wrongfully concealing or keeping in confinement, kidnapped or abducted person. 141. Trafficking of person. 142. Exploitation of a trafficked person.  (vi) CLAUSES 143. Habitual dealing in slaves. 144. Unlawful compulsory labour. CHAPTER VII OF OFFENCES AGAINST THE STATE 145. Waging, or attempting to wage war, or abetting waging of war, against the Government of India. 146. Conspiracy to commit offences punishable by section 145. 147. Collecting arms, etc., with intention of waging war against the Government of India. 148. Concealing with intent to facilitate design to wage war. 149. Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power. 150. Acts endangering sovereignty unity and integrity of India. 151. Waging war against Government of any foreign State at peace with the Government of India. 152. Committing depredation on territories of foreign State at peace with the Government of India. 153. Receiving property taken by war or depredation mentioned in sections 153 and 154. 154. Public servant voluntarily allowing prisoner of state or war to escape. 155. Public servant negligently suffering such prisoner to escape. 156. Aiding escape of, rescuing or harbouring such prisoner. CHAPTER VIII OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE 157. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty. 158. Abetment of mutiny, if mutiny is committed in consequence thereof. 159. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office. 160. Abetment of such assault, if the assault committed. 161. Abetment of desertion of soldier, sailor or airman. 162. Harbouring deserter. 163. Deserter concealed on board merchant vessel through negligence of master. 164. Abetment of act of insubordination by soldier, sailor or airman. 165. Persons subject to certain Acts. 166. Wearing garb or carrying token used by soldier, sailor or airman. CHAPTER IX OF OFFENCES RELATING TO ELECTIONS 167. Candidate, electoral right defined. 168. Bribery. 169. Undue influence at elections.  (vii) CLAUSES 170. Personation at elections. 171. Punishment for bribery. 172. Punishment for undue influence or personation at an election. 173. False statement in connection with an election. 174. Illegal payments in connection with an election. 175. Failure to keep election accounts. CHAPTER X OF OFFENCES RELATING COIN, CURRENCY NOTES, BANK NOTES, TO AND GOVERNMENT STAMPS 176. Counterfeiting coin, government stamps, currency-notes or bank-notes. 177. Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank notes. 178. Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes. 179. Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency notes or bank-notes. 180. Making or using documents resembling currency-notes or bank-notes. 181. Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government. 182. Using Government stamp known to have been before used. 183. Erasure of mark denoting that stamp has been used. 184. Prohibition of fictitious stamps. 185. Person employed in mint causing coin to be of different weight or composition from that fixed by law. 186. Unlawfully taking coining instrument from mint. CHAPTER XI OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY 187. Unlawful assembly. 188. Every member of unlawful assembly guilty of offence committed in prosecution of common object. 189. Rioting. 190. Wantonly giving provocation with intent to cause riot- if rioting be committed; if not committed. 191. Liability of owner, occupier etc., of land on which an unlawful assembly or riot takes place. 192. Affray. 193. Assaulting or obstructing public servant when suppressing riot, etc. 194. Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. 195. Imputations, assertions prejudicial to national integration.  (viii) CHAPTER XII OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS CLAUSES 196. Public servant disobeying law, with intent to cause injury to any person. 197. Public servant disobeying direction under law. 198. Punishment for non-treatment of victim. 199. Public servant framing an incorrect document with intent to cause injury. 200. Public servant unlawfully engaging in trade. 201. Public servant unlawfully buying or bidding for property. 202. Personating a public servant. 203. Wearing garb or carrying token used by public servant with fraudulent intent. CHAPTER XIII OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS 204. Absconding to avoid service of summons or other proceeding. 205. Preventing service of summons or other proceeding, or preventing publication thereof. 206. Non-attendance in obedience to an order from public servant. 207. Non-appearance in response to a proclamation under section 82 of Act __ of 2023. 208. Omission to produce document to public servant by person legally bound to produce it. 209. Omission to give notice or information to public servant by person legally bound to give it. 210. Furnishing false information. 211. Refusing oath or affirmation when duly required by public servant to make it. 212. Refusing to answer public servant authorised to question. 213. Refusing to sign statement. 214. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation. 215. False information, with intent to cause public servant to use his lawful power to the injury of another person. 216. Resistance to the taking of property by the lawful authority of a public servant. 217. Obstructing sale of property offered for sale by authority of public servant. 218. Illegal purchase or bid for property offered for sale by authority of public servant. 219. Obstructing public servant in discharge of public functions. 220. Omission to assist public servant when bound by law to give assistance. 221. Disobedience to order duly promulgated by public servant. 222. Threat of injury to public servant. 223. Threat of injury to induce person to refrain from applying for protection to public servant. 224. Attempt to commit suicide to compel or restraint exercise of lawful power.  (ix) CHAPTER XIV OF FALSE EVIDENCEAND OFFENCES AGAINST PUBLIC JUSTICE CLAUSES 225. Giving false evidence. 226. Fabricating false evidence. 227. Punishment for false evidence. 228. Giving or fabricating false evidence with intent to procure conviction of capital offence. 229. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment. 230. Threatening any person to give false evidence. 231. Using evidence known to be false. 232. Issuing or signing false certificate. 233. Using as true a certificate known to be false. 234. False statement made in declaration which is by law receivable as evidence. 235. Using as true such declaration knowing it to be false. 236. Causing disappearance of evidence of offence, or giving false information to screen offender. 237. Intentional omission to give information of offence by person bound to inform. 238. Giving false information respecting an offence committed. 239. Destruction of document to prevent its production as evidence. 240. False personation for purpose of act or proceeding in suit or prosecution. 241. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution. 242. Fraudulent claim to property to prevent its seizure as forfeited or in execution. 243. Fraudulently suffering decree for sum not due. 244. Dishonestly making false claim in Court. 245. Fraudulently obtaining decree for sum not due. 246. False charge of offence made with intent to injure. 247. Harbouring offender. 248. Taking gift, etc., to screen an offender from punishment. 249. Offering gift or restoration of property in consideration of screening offender. 250. Taking gift to help to recover stolen property, etc. 251. Harbouring offender who has escaped from custody or whose apprehension has been ordered. 252. Penalty for harbouring robbers or dacoits. 253. Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture. 254. Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.  (x) CLAUSES 255. Public servant in judicial proceeding corruptly making report, etc., contrary to law. 256. Commitment for trial or confinement by person having authority who knows that he is acting contrary to law. 257. Intentional omission to apprehend on the part of public servant bound to apprehend. 258. Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed. 259. Escape from confinement or custody negligently suffered by public servant. 260. Resistance or obstruction by a person to his lawful apprehension. 261. Resistance or obstruction to lawful apprehension of another person. 262. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for. 263. Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for. 264. Violation of condition of remission of punishment. 265. Intentional insult or interruption to public servant sitting in judicial proceeding. 266. Personation of an assessor. 267. Failure by person released on bail or bond to appear in court. CHAPTER XV OF OFFENCES PUBLIC HEALTH, SAFETY, CONVENIENCE, AFFECTING THE DECENCY AND MORALS 268. Public nuisance. 269. Negligent act likely to spread infection of disease dangerous to life. 270. Malignant act likely to spread infection of disease dangerous to life. 271. Disobedience to quarantine rule. 272. Adulteration of food or drink intended for sale. 273. Sale of noxious food or drink. 274. Adulteration of drugs. 275. Sale of adulterated drugs. 276. Sale of drug as a different drug or preparation. 277. Fouling water of public spring or reservoir. 278. Making atmosphere noxious to health. 279. Rash driving or riding on a public way. 280. Rash navigation of vessel. 281. Exhibition of false light, mark or buoy. 282. Conveying person by water for hire in unsafe or overloaded vessel. 283. Danger or obstruction in public way or line of navigation. 284. Negligent conduct with respect to poisonous substance.  (xi) CLAUSES 285. Negligent conduct with respect to fire or combustible matter. 286. Negligent conduct with respect to explosive substance. 287. Negligent conduct with respect to machinery. 288. Negligent conduct with respect to pulling down, repairing or constructing buildings etc. 289. Negligent conduct with respect to animal. 290. Punishment for public nuisance in cases not otherwise provided for. 291. Continuance of nuisance after injunction to discontinue. 292. Sale, etc., of obscene books, etc. 293. Sale, etc., of obscene objects to child. 294. Obscene acts and songs. 295. Keeping lottery office. CHAPTER XVI OF OFFENCES RELATING TO RELIGION 296. Injuring or defiling place of worship, with intent to insult the religion of any class. 297. Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs. 298. Disturbing religious assembly. 299. Trespassing on burial places, etc. 300. Uttering words, etc., with deliberate intent to wound religious feelings. CHAPTER XVII OF OFFENCES AGAINST PROPERTY 301. Theft. 302. Snatching. 303. Theft in a dwelling house, or means of transportation or place of worship, etc. 304. Theft by clerk or servant of property in possession of master. 305. Theft after preparation made for causing death, hurt or restraint in order to the committing of theft. Of extortion 306. Extortion. Of Robbery and Dacoity 307. Robbery. 308. Dacoity. 309. Robbery, or dacoity, with attempt to cause death or grievous hurt. 310. Attempt to commit robbery or dacoity when armed with deadly weapon. 311. Punishment for belonging to gang of robbers, dacoits, etc.  (xii) Of Criminal Misappropriation of Property CLAUSES 312. Dishonest misappropriation of property. 313. Dishonest misappropriation of property possessed by deceased person at the time of his death. Of Criminal Breach of Trust 314. Criminal breach of trust. Of the Receiving of Stolen Property 315. Stolen property. Of Cheating 316. Cheating. 317. Cheating by personation. Of Fraudulent Deeds and Dispositions of Property 318. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. 319. Dishonestly or fraudulently preventing debt being available for creditors. 320. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration. 321. Dishonest or fraudulent removal or concealment of property. Of Mischief 322. Mischief. 323. Mischief by killing or maiming animal. 324. Mischief by injury, inundation, fire or explosive substance, etc. 325. Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden. 326. Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc. Of Criminal Trespass 327. Criminal trespass and house-trespass. 328. House-trespass and house-breaking. 329. Punishment for house-trespass or house breaking. 330. House-trespass in order to commit offence. 331. House-trespass after preparation for hurt, assault or wrongful restraint. 332. Dishonestly breaking open receptacle containing property. CHAPTER XVIII OF OFFENCES RELATING TO DOCUMENTS AND T O PROPERTY MARKS 333. Making a false document. 334. Forgery.  (xiii) CLAUSES 335. Forgery of record of Court or of public register, etc. 336. Forgery of valuable security, will, etc. 337. Having possession of document described in section 335 or 336, knowing it to be forged and intending to use it as genuine. 338. Forged document or electronic record and using it as genuine. 339. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 336. 340. Counterfeiting device or mark used for authenticating documents described in section 336, or possessing counterfeit marked material. 341. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security. 342. Falsification of accounts. Of Property Marks 343. Property mark. 344. Tampering with property mark with intent to cause injury. 345. Counterfeiting a property mark. 346. Making or possession of any instrument for counterfeiting a property mark. 347. Selling goods marked with a counterfeit property mark. 348. Making a false mark upon any receptacle containing goods. CHAPTER XIX OF CRIMINAL I NTIMIDATION , INSULT, ANNOYANCE, DEFAMATION , ETC. 349. Criminal intimidation. 350. Intentional insult with intent to provoke breach of peace. 351. Statements conducing to public mischief. 352. Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure. 353. Misconduct in public by a drunken person. Of Defamation 354. Defamation. Of breach of contract to attend on and supply wants of helpless person. 355. Breach of contract to attend on and supply wants of helpless person. 356. Repeal and savings.  1 AS INTRODUCED IN LOK SABHA Bill No. 121 of 2023 THE BHARATIYA NYAYA SANHITA, 2023 A BILL to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:–– CHAPTER I PRELIMINARY 5 1. (1) This Act may be called the Bharatiya Nyaya Sanhita, 2023. Short title, commencement (2) It shall come into force on such date as the Central Government may, by notification and in the Official Gazette, appoint, and different dates may be appointed for different provisions application. of the Sanhita.  2 (3) Every person shall be liable to punishment under this Sanhita and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India. (4) Any person liable, by any law for the time being in force in India, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this 5 Sanhita for any act committed beyond India in the same manner as if such act had been committed within India. (5) The provisions of this Sanhita apply also to any offence committed by— (a) any citizen of India in any place without and beyond India; (b) any person on any ship or aircraft registered in India wherever it may be; 10 (c) any person in any place without and beyond India committing offence targeting a computer resource located in India. Explanation.—In this section the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Sanhita. Illustration. 15 A, who is a citizen of India, commits a murder in any place without and beyond India, he can be tried and convicted of murder in any place in India in which he may be found. (6) Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law. 20 Definitions. 2. In this Sanhita unless the context otherwise requires,–– (1) “act” as well a series of acts as a single act; (2) “animal” means any living creature, other than a human being; (3) “counterfeit”.––A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, 25 or knowing it to be likely that deception will thereby be proctised. Explanation 1.—It is not essential to counterfeiting that the imitation should be exact. Explanation 2.—When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing 30 intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised; (4) “Court” means a Judge who is empowered by law to act judicially alone, or a body of Judges, which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially; 35 (5) “death” means the death of a human being unless the contrary appears from the context; (6) “dishonestly” means doing of an act with the intention of causing wrongful gain to one person or wrongful loss to another person; (7) “document” means any matter expressed or described upon any substance 40 by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter. Explanation 1.—It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in a Court or not. 45  3 Illustrations. (a) A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document. (b) A cheque upon a banker is a document. 5 (c) A power-of-attorney is a document. (d) A Map or plan which is intended to be used or which may be used as evidence, is a document. (e) A writing containing directions or instructions is a document. Explanation 2.—Whatever is expressed by means of letters, figures or marks as 10 explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed. Illustration. A writes his name on the back of a bill of exchange payable to his order. The 15 meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and shall be construed in the same manner as if the words “pay to the holder” or words to that effect had been written over the signature. (8) “fraudulently”.—A person is said to do a thing fraudulently if he does that 20 thing with intent to defraud but not otherwise. (9) “gender”.—the pronoun “he” and its derivatives are used of any person, whether male, female or transgender. Explanation.–– “transgender” shall have the meaning assigned to it in clause 40 of 2019. (k) of section 2 of the Transgender Persons (Protection of Rights) Act, 2019; 25 (10) “good faith”.—Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention; (11) “Government” means the Central Government or a State Government; (12) “harbour”.—except as otherwise provided in this Sanhita, includes the supplying a person with shelter, food, drink, money, clothes, arms, ammunition or 30 means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this section or not, to evade apprehension; (13) “injury” means any harm whatever illegally caused to any person, in body, mind, reputation or property; (14) “illegal”- “legally bound to do”. —The word “illegal” is applicable to 35 everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be “legally bound to do” whatever it is illegal in him to omit; (15) “Judge” means a person who is officially designated as a Judge and includes a person,–– 40 (i) who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive; or (ii) who is one of a body or persons, which body of persons is empowered 45 by law to give such a judgment.  4 llustration. A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge; (16) “life” means the life of a human being, unless the contrary appears from the context; 5 (17) “local law” means a law applicable only to a particular part of India; (18) “man” means male human being of any age; (19) “mental illness” shall have the meaning assigned to it in clause (a) of section 2 of the Mental Healthcare Act, 2017; 10 of 2017. (20) “month” and “year”.––Wherever the word “month” or the word “year” is 10 used, it is to be understood that the month or the year is to be reckoned according to the Gregorian calendar; (21) “movable property” includes property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth; 15 (22) “number”. —Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number; (23) “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant or to 20 be used for the purpose of proof, whether in a Court or not; (24) “offence”.—Except in the Chapters and sections mentioned in sub-clauses (a) and (b) the word “offence” means an act made punishable by this Sanhita, but–– (a) in Chapter III and in the following sections, namely, sub-sections (2), (3), (4) and (5) of section 8, sections 10, 46, 47, 48, 51, 53, 54, 55, 56, 57, 61, 113, 25 114, 117, sub-sections (7) and (8) of section 125, 217, 224, 225, 234, 242, 244, 245, 253, 254, 255, 256, 257, sub-sections (6) and (7) of section 306 and clause (b) of section 324, the word “offence” means a thing punishable under this Sanhita, or under any special law or local law; and (b) in sections 183, 205, 206, 232, 233, 243, 247 and 323 the word “offence” 30 shall have the same meaning when the act punishable under the special law or local law is punishable under such law with imprisonment for a term of six months or more, whether with or without fine; (25) “omission” means sigle ommission as well as a series of omissions; (26) “person” includes any company or association or body of persons, whether 35 incorporated or not; (27) “public” includes any class of the public or any community; (28) “public servant” means a person falling under any of the descriptions, namely: — (a) every commissioned officer in the Army, Navy or Air Force; 40 (b) every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions; (c) every officer including a liquidator, receiver or commissioner whose duty it is, as such officer, to investigate or report on any matter of law or fact, or 45 to make, authenticate, or keep any document, or to take charge or dispose of any  5 property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorised to perform any of such duties; (d) every assessor or member of a panchayat assisting a Court or public 5 servant; (e) every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court, or by any other competent public authority; (f) every person who holds any office by virtue of which he is empowered 10 to place or keep any person in confinement; (g) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; (h) every officer whose duty it is as such officer, to take, receive, keep or 15 expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue- process, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction 20 of any law for the protection of the pecuniary interests of the Government; (i) every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the 25 people of any village, town or district; (j) every person who holds any office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election; (k) every person— 30 (i) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government; (ii) in the service or pay of a local authority as defined in clause (31) 10 of 1897. of section 3 of the General Clauses Act, 1897, a corporation established by or under a Central or State Act or a Government company as defined in 18 of 2013. 35 clause (45) of section 2 of the Companies Act, 2013. Explanation.— (a) persons falling under any of the descriptions made in this clause are public servants, whether appointed by the Government or not; (b) every person who is in actual possession of the situation of a 40 public servant, whatever legal defect there may be in his right to hold that situation is a public servant; (c) “election” means an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of election to which is by, or under any law for the time being 45 in force. Illustration. A Municipal Commissioner is a public servant;  6 (29) “reason to believe”.—A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing but not otherwise; (30) “special law” means a law applicable to a particular subject; (31) “valuable security” means a document which is, or purports to be, a document where by any legal right is created, extended, transferred, restricted, 5 extinguished or released, or where by any person acknowledges that he lies under legal liability, or has not a certain legal right. Illustration. A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the 10 lawful holder of it, the endorsement is a “valuable security”; (32) “vessel” means anything made for the conveyance by water of human beings or of property; (33) “voluntarily”A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of 15 employing those means, he knew or had reason to believe to be likely to cause it. Illustration. A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death of a person. Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; 20 yet, if he knew that he was likely to cause death, he has caused death voluntarily; (34) “will” means any testamentary document; (35) “woman” means a female human being of any age; (36) “wrongful gain” means gain by unlawful means of property to which the person gaining is not legally entitled; 25 (37) “wrongful loss” means the loss by unlawful means of property to which the person losing it is legally entitled; (38) “gaining wrongfully”, “losing wrongfully”.—A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out 30 of any property, as well as when such person is wrongfully deprived of property; and (39) words and expressions used but not defined in this Sanhita but defined in the Information Technology Act, 2000 and the Bhartiya Nagarik Suraksha Sanhita, 21 of 2000. 2023 and shall have the meanings respectively assigned to them in that Act Sanhita. General 3. (1) Throughout this Sanhita every definition of an offence, every penal provision, 35 Explanations and every Illustration of every such definition or penal provision, shall be understood and expressions. subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision, or Illustration. Illustrations. (a) The sections, in this Sanhita which contain definitions of offences, do not 40 express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age. (b) A, a police-officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law 45 to apprehend Z, and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”.  7 (2) Every expression which is explained in any Part of this Sanhita, is used in every Part of this Sanhita in conformity with the explanation. (3) When property is in the possession of a person’s spouse, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Sanhita. 5 Explanation.—A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this sub-section. (4) In every Part of this Sanhita, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions. (5) When a criminal act is done by several persons in furtherance of the common 10 intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. (6) Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were 15 done by him alone with that knowledge or intention. (7) Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence. Illustration. 20 A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder. (8) When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence. 25 Illustrations. (a) A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects the several doses of poison so administered to him. Here A and B intentionally cooperate in the commission of murder and as each of them does an act by 30 which the death is caused, they are both guilty of the offence though their acts are separate. (b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours at a time. A and B, intending to cause Z’s death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the 35 murder of Z. (c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food, 40 knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder, but, as A did not co-operate with B. A is guilty only of an attempt to commit murder. (9) Where severalpersons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act. Illustration. 45 A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending  8 to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide. CHAPTER II OF PUNISHMENTS 5 Punishments. 4. The punishments to which offenders are liable under the provisions of this Sanhita are— (a) Death; (b) Imprisonment for life, that is to say, imprisonment for remainder of a person’s natural life; 10 (c) Imprisonment, which is of two descriptions, namely:— (1) Rigorous, that is, with hard labour; (2) Simple; (d) Forfeiture of property; (e) Fine; 15 (f) Community Service. Commutation 5. In every case in which sentence of,–– of sentence of death or (a) death has been passed, the appropriate Government may, without the consent imprisonment of the offender, commute the punishment for any other punishment provided by this for life. Sanhita; 20 (b) imprisonment for life has been passed, the appropriate Government may, without the consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years. Explanation.––For the purposes of this section expression“ appropriate Government” means,–– 25 (a) in cases where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and (b) in cases where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, 30 the Government of the State within which the offender is sentenced. Fractions of 6. In calculating fractions of terms of punishment, imprisonment for life shall be reckoned terms of as equivalent to imprisonment for twenty years unless otherwise provided. punishment. Sentence may 7. In every case in which an offender is punishable with imprisonment which may be of be (in certain either description, it shall be competent to the Court which sentences such offender to direct 35 cases of imprisonment) in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment wholly or shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest partly rigorous simple. or simple. Amount of 8. (1) Where no sum is expressed to which a fine may extend, the amount of fine to fine, liability in default of which the offender is liable is unlimited, but shall not be excessive. 40 payment of (2) In every case of an offence–– fine, etc. (a) punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment;  9 (b) punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment shall be in excess of any 5 other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence. (3)The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine. 10 (4) The imprisonment which the Court imposes in default of payment of a fine or in default of community service may be of any description to which the offender might have been sentenced for the offence. (5) If the offence is punishable with fine or community service, the imprisonment which the Court imposes in default of payment of the fine or in default of community service 15 shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine or in default of community service, shall not exceed for any term not exceeding,— (a) two months when the amount of the fine shall not exceed five thousand rupees; and 20 (b) four months when the amount of the fine shall not exceed ten thousand rupees, and for any term not exceeding one year in any other case. (6) (a)The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law; (b) If, before the expiration of the term of imprisonment fixed in default of payment, 25 such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate. Illustration. A is sentenced to a fine of one thousand rupees and to four months’ imprisonment in 30 default of payment. Here, if seven hundred and fifty rupees of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the first month has expired. If seven hundred and fifty rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment, A will be immediately discharged. If five hundred rupees of the fine be paid or levied before the 35 expiration of two months of the imprisonment. A will be discharged as soon as the two months are completed. If five hundred rupees be paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged. (7) The fine, or any part thereof which remains unpaid, may be levied at any time within 40 six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts. 9. (1) Where anything which is an offence is made up of parts, any of which parts is Limit of 45 itself an offence, the offender shall not be punished with the punishment of more than one of punishment of offence made such his offences, unless it be so expressly provided. up of several (2) (a) Where anything is an offence falling within two or more separate definitions of offences. any law in force for the time being by which offences are defined or punished; or (b) Where several acts, of which one or more than one would by itself or themselves  10 constitute an offence, constitute, when combined, a different offence, the offender shall not be punished with a more severe punishment than the Court which tries him could award for any one of such offences. Illustrations. (a) A gives Z fifty strokes with a stick. Here A may have committed the offence of 5 voluntarily causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow, he might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating. (b) But, if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the 10 blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y. Punishment of 10. In all cases in which judgment is given that a person is guilty of one of several person guilty offences specified in the judgment, but that it is doubtful of which of these offences he is of one of several guilty, the offender shall be punished for the offence for which the lowest punishment is 15 offences, provided if the same punishment is not provided for all. judgment stating that it is doubtful of which. Solitary 11. Whenever any person is convicted of an offence for which under this Sanhita the confinement. Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according 20 to the following scale, namely: — (a) a time not exceeding one month if the term of imprisonment shall not exceed six months; (b) a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year; 25 (c) a time not exceeding three months if the term of imprisonment shall exceed one year. Limit of 12. In executing a sentence of solitary confinement, such confinement shall in no case solitary exceed fourteen days at a time, with intervals between the periods of solitary confinement of confinement. not less duration than such periods; and when the imprisonment awarded shall exceed three 30 months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods. Enhanced 13. Whoever, having been convicted by a Court in India, of an offence punishable punishment under Chapters X or Chapter XVII of this Sanhita with imprisonment of either description for 35 for certain offences after a term of three years or upwards, shall be guilty of any offence punishable under either of previous those Chapters with like imprisonment for the like term, shall be subject for every such conviction. subsequent offence to imprisonment for life, or to imprisonment of either description for a term which may extend to ten years. CHAPTER III 40 GENERAL EXCEPTIONS Act done by a 14. Nothing is an offence which is done by a person who is, or who by reason of a person bound, mistake of fact and not by reason of a mistake of law in good faith believes himself to be, or by mistake of fact bound by law to do it. believing Illustrations. 45 himself bound, by law. (a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence.  11 (b) A, an officer of a Court, being ordered by that Court to arrest Y, and after due enquiry, believing Z to be Y, arrests Z. A has committed no offence. 15. Nothing is an offence which is done by a Judge when acting judicially in the Act of Judge exercise of any power which is, or which in good faith he believes to be, given to him by law. when acting judicially. 5 16. Nothing which is done in pursuance of, or which is warranted by the judgment or Act done order of, a Court; if done whilst such judgment or order remains in force, is an offence, pursuant to judgment or notwithstanding the Court may have had no jurisdiction to pass such judgment or order, order of provided the person doing the act in good faith believes that the Court had such jurisdiction. Court. 17. Nothing is an offence which is done by any person who is justified by law, or who Act done by a by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes person justified, 10 or by mistake of himself to be justified by law, in doing it. fact believing himself, Illustration. justified, by law. A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending 15 murderers in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence. 18. Nothing is an offence which is done by accident or misfortune, and without any Accident in criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful doing a lawful act. means and with proper care and caution. 20 Illustration. A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence. 19. Nothing is an offence merely by reason of its being done with the knowledge that Act likely to 25 it is likely to cause harm, if it be done without any criminal intention to cause harm, and in cause harm, but done good faith for the purpose of preventing or avoiding other harm to person or property. without criminal Explanation. —It is a question of fact in such a case whether the harm to be prevented intent, and to or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the prevent other act with the knowledge that it was likely to cause harm. harm. 30 Illustrations. (a) A, the captain of a vessel, suddenly, and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C 35 with only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in 40 incurring the risk of running down the boat C. (b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A’s act, A is not guilty of the offence.  12 Act of a child 20. Nothing is an offence which is done by a child under seven years of age. under seven years of age. Act of a child 21. Nothing is an offence which is done by a child above seven years of age and under above seven twelve, who has not attained sufficient maturity of understanding to judge of the nature and and under twelve of consequences of his conduct on that occasion. immature understanding. Act of a 22. Nothing is an offence which is done by a person who, at the time of doing it, by 5 person of reason of mental illness, is incapable of knowing the nature of the act, or that he is doing mental illness. what is either wrong or contrary to law. Act of a person 23. Nothing is an offence which is done by a person who, at the time of doing it, is, by incapable of reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is judgment by reason of either wrong, or contrary to law; unless that the thing which intoxicated him was administered 10 intoxication to him without his knowledge or against his will. caused against his will. Offence 24. In cases where an act done is not an offence unless done with a particular knowledge requiring a or intent, a person who does the act in a state of intoxication shall be liable to be dealt with particular intent or as if he had the same knowledge as he would have had if he had not been intoxicated, unless knowledge the thing which intoxicated him was administered to him without his knowledge or against 15 committed by his will. one who is intoxicated. Act not 25. Nothing which is not intended to cause death, or grievous hurt, and which is not intended and known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any not known to be likely to harm which it may cause, or be intended by the doer to cause, to any person, above eighteen cause death or years of age, who has given consent, whether express or implied, to suffer that harm; or by 20 grievous hurt, reason of any harm which it may be known by the doer to be likely to cause to any such done by person who has consented to take the risk of that harm. consent. Illustration. A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused 25 without foul play; and if A, while playing fairly, hurts Z, A commits no offence. Act not 26. Nothing, which is not intended to cause death, is an offence by reason of any harm intended to which it may cause, or be intended by the doer to cause, or be known by the doer to be likely cause death, done by to cause, to any person for whose benefit it is done in good faith, and who has given a consent in consent, whether express or implied, to suffer that harm, or to take the risk of that harm. 30 good faith for Illustration. person's benefit. A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no offence. 35 Act done in 27. Nothing which is done in good faith for the benefit of a person under twelve years good faith for of age, or of person with mental illness, by or by consent, either express or implied, of the benefit of child or guardian or other person having lawful charge of that person, is an offence by reason of any person with harm which it may cause, or be intended by the doer to cause or be known by the doer to be mental illness, likely to cause to that person: 40 by or by consent of Provided that this exception shall not extend to–– guardian. (a) the intentional causing of death, or to the attempting to cause death; (b) the doing of anything which the person doing it knows to be likely to cause  13 death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; (c) the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of 5 any grievous disease or infirmity; (d) the abetment of any offence, to the committing of which offence it would not extend. Illustration. A, in good faith, for his child’s benefit without his child’s consent, has his child cut for 10 the stone by a surgeon knowing it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception, in as much as his object was the cure of the child. 28. A consent is not such a consent as is intended by any section of this Sanhita,–– Consent known to be (a) if the consent is given by a person under fear of injury, or under a misconception given under 15 of fact, and if the person doing the act knows, or has reason to believe, that the fear or consent was given in consequence of such fear or misconception; or misconception. (b) if the consent is given by a person who, from mental illness, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or 20 (c) unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age. 29. The exceptions in sections 21, 22 and 23 do not extend to acts which are offences Exclusion of independently of any harm which they may cause, or be intended to cause, or be known to acts which are offences be likely to cause, to the person giving the consent, or on whose behalf the consent is given. independently 25 Illustration. of harm caused. Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is offence independently of any harm which it may cause or be intended to cause to the woman. Therefore, it is not an offence “by reason of such harm”; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act. 30 30. Nothing is an offence by reason of any harm which it may cause to a person for Act done in whose benefit it is done in good faith, even without that person’s consent, if the circumstances good faith for benefit of a are such that it is impossible for that person to signify consent, or if that person is incapable person of giving consent, and has no guardian or other person in lawful charge of him from whom it without is possible to obtain consent in time for the thing to be done with benefit: consent. 35 Provided that exception shall not extend to–– (a) the intentional causing of death, or the attempting to cause death; (b) the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; 40 (c) the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt; (d) the abetment of any offence, to the committing of which offence it would not extend. Illustrations. 45 (1) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to  14 be trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence. (2) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s bullet gives Z a mortal wound. A has committed no offence. 5 (3) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is no time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no offence. (4) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A 10 drops the child from the house top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child’s benefit. Here, even if the child is killed by the fall, A has committed no offence. Explanation.—Mere pecuniary benefit is not benefit within the meaning of sections 21, 22 and 23. 15 Communication 31. No communication made in good faith is an offence by reason of any harm to the made in good person to whom it is made, if it is made for the benefit of that person. faith. Illustration. A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew 20 it to be likely that the communication might cause the patient’s death. Act to which a 32. Except murder, and offences against the State punishable with death, nothing is an person offence which is done by a person who is compelled to do it by threats, which, at the time of compelled by doing it, reasonably cause the apprehension that instant death to that person will otherwise threats. be the consequence: 25 Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint. Explanation 1.—A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this 30 exception, on the ground of his having been compelled by his associates to do anything that is an offence by law. Explanation 2.—A person seized by a gang of dacoits, and forced, by threat of instant death, to do a thing which is an offence by law; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the 35 benefit of this exception. Act causing 33. Nothing is an offence by reason that it causes, or that it is intended to cause, or slight harm. that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm. Of the right of private defence 40 Things done 34. Nothing is an offence which is done in the exercise of the right of private defence. in private defence. Right of 35. Every person has a right, subject to the restrictions contained in section 37, to private defend— defence of body and of (a) his own body, and the body of any other person, against any offence affecting property. the human body; 45 (b) the property, whether movable or immovable, of himself or of any other  15 person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass. 36. When an act, which would otherwise be a certain offence, is not that offence, by Right of private 5 reason of the youth, the want of maturity of understanding, the mental illness or the intoxication defence of the person doing that act, or by reason of any misconception on the part of that person, against act of every person has the same right of private defence against that act which he would have if a person with the act were that offence. mental illness, etc. Illustrations. 10 (a) Z, under the influence of mental illness, attempts to kill A; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane. (b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a house-breaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would 15 have if Z were not acting under that misconception. 37. (1) There is no right of private defence,–– Acts against which there is (a) against an act which does not reasonably cause the apprehension of death no right of or of grievous hurt, if done, or attempted to be done, by a public servant acting in good private defence. faith under colour of his office, though that act, may not be strictly justifiable by law; 20 (b) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law; (c) in cases in which there is time to have recourse to the protection of the public 25 authorities. (2) The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. Explanation 1.—A person is not deprived of the right of private defence against an act done, or attempted to be done, by a public servant, as such, unless he knows or has reason 30 to believe, that the person doing the act is such public servant. Explanation 2.—A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he 35 produces such authority, if demanded. 38. The right of private defence of the body extends, under the restrictions specified in When the section 37, to the voluntary causing of death or of any other harm to the assailant, if the right of private offence which occasions the exercise of the right be of any of the descriptions hereinafter defence of enumerated, namely:— body extends to causing 40 (a) such an assault as may reasonably cause the apprehension that death will death. otherwise be the consequence of such assault; (b) such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault; (c) an assault with the intention of committing rape; 45 (d) an assault with the intention of gratifying unnatural lust; (e) an assault with the intention of kidnapping or abducting;  16 (f) an assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release; (g) an act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise 5 be the consequence of such act. When such 39. If the offence be not of any of the descriptions specfied in section 38, the right of right extends private defence of the body does not extend to the voluntary causing of death to the to causing any harm other assailant, but does extend, under the restrictions specified in section 37, to the voluntary than death. causing to the assailant of any harm other than death. 10 Commencement 40. The right of private defence of the body commences as soon as a reasonable and apprehension of danger to the body arises from an attempt or threat to commit the offence continuance of right of private though the offence may not have been committed; and it continues as long as such defence of the apprehension of danger to the body continues. body. When right of 41. The right of private defence of property extends, under the restrictions specified in 15 private section 37, to the voluntary causing of death or of any other harm to the wrong-doer, if the defence of property offence, the committing of which, or the attempting to commit which, occasions the exercise extends to of the right, be an offence of any of the descriptions hereinafter enumerated, namely:— causing death. (a) robbery; (b) house-breaking after sun set and before sun rise; 20 (c) mischief by fire or any explosive substance committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property; (d) theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, 25 if such right of private defence is not exercised. When such 42. If the offence, the committing of which, or the attempting to commit which occasions right extends the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any to causing any harm other of the descriptions specified in section 41, that right does not extend to the voluntary than death. causing of death, but does extend, subject to the restrictions specified in section 37, to the 30 voluntary causing to the wrong-doer of any harm other than death. Commencement 43. The right of private defence of property,–– and continuance (a) commences when a reasonable apprehension of danger to the property of right of commences; private defence of (b) against theft continues till the offender has effected his retreat with the 35 property. property or either the assistance of the public authorities is obtained, or the property has been recovered; (c) against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues; 40 (d) against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief; (e) against house-breaking after sunset and before sun rise continues as long as the house-trespass which has been begun by such house-breaking continues. Right of private 44. If in the exercise of the right of private defence against an assault which reasonably 45 defence against causes the apprehension of death, the defender be so situated that he cannot effectually deadly assault when there is risk of harm to innocent person.  17 exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk. Illustration. A is attacked by a mob who attempt to murder him. He cannot effectually exercise his 5 right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children. CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT 10 Of Abetment 45. A person abets the doing of a thing, who— Abetment of thing. (a) instigates any person to do that thing; or (b) engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that 15 conspiracy, and in order to the doing of that thing; or (c) intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. 20 Illustration. A, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. Explanation 2. —Whoever, either prior to or at the time of the commission of an act, 25 does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereo