Offences Against Public Tranquility - PDF

CH-XI OFFENCES AGAINST PUBLIC TRANQUILITY Made By: Ms. Swara Anand Assistant Professor FOL, GLS University What is this? INTRODUCTION ◦ For every nation, public peace is one of the subjects holding utmost importance. In this sense, any act, howsoever, sabo...

CH-XI OFFENCES AGAINST PUBLIC TRANQUILITY Made By: Ms. Swara Anand Assistant Professor FOL, GLS University What is this? INTRODUCTION ◦ For every nation, public peace is one of the subjects holding utmost importance. In this sense, any act, howsoever, sabotages this much- treasured public peace must not only be considered an offense but must also be penalized. The Bharatiya Nyaya Sanhita, 2023 contains a special section for such offenses, and they are termed "offenses against public tranquility". ◦ Offenses against public tranquility are the conduct or acts that hamper the calm, and peace of the society. These are the actions that disturb societal order. Such acts can lead to inconvenience, alarm, or annoyance to the general public and can lead to the disruption of the normal functioning of society. INTRODUCTION ◦ If we talk in legal terms, such offenses against public tranquility can be termed as crimes that are done in a public place. These are the ones that hold the potential to cause disturbance or apprehension among the public. Rioting, affray, disorderly conduct, and unlawful assembly are some examples of such conduct. ◦ Such offenses are considered to be of a serious nature. These are subject to lawful penalties. These penalties include fines and imprisonment. ◦ The objective behind criminalizing such offenses is to make sure that the maintenance of peace and public order is maintained. Criminalizing such offenses prevents individuals from indulging in conduct that can lead to harm to the society or community as a whole.  Unlawful Assembly Offences Against Public Tranquility Affray Rioting Unlawful Assembly ◦ Sec-189, BNS, 2023 deals with the unlawful assembly. Article 19(1)(B) of the Indian Constitution,1950 confers a fundamental right to assemble peacefully however this section seeks to criminalize an unlawful assembly.  SEC-189 UNLAWFUL ASSEMBLY (1) An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is— a) to overawe by criminal force, or show of criminal force, the Central Government or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; or b) to resist the execution of any law, or of any legal process; or c) to commit any mischief or criminal trespass, or other offence; or d) by means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or e) by means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation.—An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly. SEC-189 UNLAWFUL ASSEMBLY (2) Being member of unlawful assembly: Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly and such member shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. (3) Joining or continuing in unlawful assembly, knowing it has been commanded to disperse: Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (4) Joining unlawful assembly armed with deadly weapon: Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both SEC-189 UNLAWFUL ASSEMBLY (5) Knowingly joining or continuing in assembly of five or more persons after it has been commanded to disperse: Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. Explanation.—If the assembly is an unlawful assembly within the meaning of sub-section (1), the offender shall be punishable under sub-section (3). (6) Hiring, or conniving at hiring, of persons to join unlawful assembly: Whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or employment of any person to join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in the same manner as if he had been a member of such unlawful assembly, or himself had committed such offence. SEC-189 UNLAWFUL ASSEMBLY (7) Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. (8) Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. (9) Whoever, being so engaged or hired as referred to in sub-section (8), goes armed, or engages or offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. ESSENTIAL INGRIDIENTS OF UNLAWFUL ASSEMBLY ◦ To constitute an “Unlawful Assembly” the following three conditions must co- exists: 1. There must be an assembly of five persons. 2. The assembly must have a common object, and 3. The common object must be to commit one of the five illegal objects specified in the section. 1. There must be an assembly of five persons ◦ Unlawful assembly should consist of persons more than 5. If the number of people in a group is less than 5 then it will render this section inapplicable. It is also possible that the number of persons in an unlawful assembly may drop down to 5 after the commission of the crime, in this scenario too this Section would not apply. ◦ If in an unlawful assembly 3 persons are acquitted and the rest could not be identified or are unmanned but the court is certain about the presence of other people in the group making the number to 5 or more than that, then, in that case, the section of the unlawful assembly would be applied. RAM BILAS SINGH VS THE STATE OF BIHAR(1964) 1 SCR 775 In the case of Ram Bilas Singh vs the State of Bihar, the Supreme Court has delineated certain situations where even the number of persons in an unlawful assembly becomes less than 5, then also conviction could take place. Evidence must be given that other than the person convicted, there are other people who are involved at a given point of time. Evidence to show the presence of other unidentified persons that are part of the unlawful assembly. The first information report must reflect such to be the case even if there is no such charge formed at that given point of time. 2. The assembly must have a common object ◦ The term “object” refers to design or purpose, and for it to be “common” the person must share and abide by it. The members of an unlawful assembly must have a common object to commit a particular offence. Unlike common intention here prior meeting of minds is not important, the common object could be constructed on the spot. Common object leaves scope for the likelihood of events. Here the persons could also have an assumption that certain events “might happen” or are “likely to happen”. ◦ Section 149 of the IPC, 1860 deals with the common object. The word ‘knew’ is used in the second part of this Section, which means more than a “possibility” but less than “might have known”. Hence any offence so committed by any member of the unlawful assembly is assumed that all the member must have known at least the possibility of that act. This section further implies that any offence committed in the prosecution of the common object is immediately connected to a common object held by all the members of the unlawful assembly. 2. The assembly must have a common object ◦ In the case of Moti Das vs the State of Bihar, it is possible that the assembly started as being lawful but later turned out to be unlawful. The following are the objects present under Section 141 of the IPC, 1860: 1. To use criminal force against any public servant, state or central government. 2. To resist any legal proceeding. 3. To commit any mischief or trespass on any property or person. 4. To use criminal force against any person to deprive him of the enjoyment of any right. 5. To use criminal force against a person and compelling him to do something which he is legally not bound to do. UNLAWFUL ASSEMBLY UNDER ENGLISH COMMON LAW ◦ FIRST: The number of persons composing the assembly must be five or more under section 141, whereas it must be three or more under English Law. ◦ SECOND: Under English Common Law no common purpose of the assembly (except such as might be implied by assembling in such a manner as tends to endanger the public peace and excite fear and alarm among the people) is necessary unless a statute provides for a common purpose of the assembly. SEC-190: Every member of unlawful assembly guilty of offence committed in prosecution of common object ◦ If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence. Bhimrao v. State of Maharashtra, AIR, 2003 SC 1493 ◦ Criminal liability for an act will be determined according to the object of the member of the assembly. ISSUE: the question was whether the appellant who was member of an unlawful assembly sharing a common object of causing assault on the deceased could be convicted under section 302/149 or 326/149 or section 352 read with section 149 IPC. FACTS: in this case all the accused along with some others formed an unlawful assembly with the common object of causing assault on one Prabhakar. With this object in view they went to the house of Prabhakar where some of the members entered the house and assaulted Prabhakar causing grievous injuries consequent to which he died after six days. While Prabhakar was being assaulted inside the house the appellants stood outside, but did not take part in the assault of deceased.  DIFFERENCE BETWEEN COMMON INTENTION AND COMMON OBJECT Basis Common Intention SEC-3(5) Common Object SEC-190 Under Section 190 common object is present Under Section-3(5) of the BNS, the common which states that five or more persons present intention is present which states that several in an unlawful assembly commit an offence. people commit any crime with the DEFINITION Even if the person has not done the offence furtherance of shared intention to do that himself, but of that time he is a part of that crime. Each of the people is liable as of the unlawful assembly he would be liable for the crime is committed by him also. offence so committed. The number of persons present must be MEMBER The number of members must be 5 or more. more than one. MEETING OF The common object could be formed on the Prior meeting of the mind is necessary MINDS spot also.  DIFFERENCE BETWEEN COMMON INTENTION AND COMMON OBJECT Basis Common Intention Common Object All the persons involved are liable equally. All the persons involved may not be liable LIABILITY Hence active participation is not necessary. equally. Active participation is necessary. Does not specify any offence but states a rule Offence It describes a specific offence. of law. Sec-191 RIOTING (1)Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting. (2)Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (3)Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. Essential Elements of Rioting The essence of the offence of rioting lies in the use of force to achieve a common purpose. The essentials of section 146 are as follows: 1. That the accused persons, being five or more in number formed an Unlawful assembly; 2. That they were animated by a common unlawful object; 3. That the force or violence was used by the Unlawful assembly or any member thereof; 4. That such force or violence was used in prosecution of their common (unlawful object). Sec-192: Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed. ◦ Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, ◦ the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; ◦ and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both. Sec-193: Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place. (1) Owner or the occupier of the land on which unlawful assembly is held: Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the officer in charge at the nearest police station, and do not, in the case of his or their having reason to believe that it was about to be committed, use all lawful means in his or their power to prevent it and, in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly. Sec-193: Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place. (2) Liability of person for whose benefit riot is committed: Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same. Sec-193: Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place. (3) Liability of agent of owner or occupier for whose benefit riot is committed: Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same. Sec-194: Affray (1) When two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray. (2)Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both. Sec-195: Assaulting or obstructing public servant when suppressing riot, etc. (1) Whoever assaults or obstructs any public servant or uses criminal force on any public servant in the discharge of his duty as such public servant in endeavoring to disperse an unlawful assembly, or to suppress a riot or affray, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which shall not be less than twenty-five thousand rupees, or with both. (2) Whoever threatens to assault or attempts to obstruct any public servant or threatens or attempts to use criminal force to any public servant in the discharge of his duty as such public servant in endeavoring to disperse an unlawful assembly, or to suppress a riot or affray, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Sec-196: Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony (1) Whoever— (a) by words, either spoken or written, or by signs or by visible representations or through electronic communication or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities; or (b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquility; or Sec-196: Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony (c) organises any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community, shall be punished with imprisonment which may extend to three years, or with fine, or with both. (2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine. Azizul Haq Kausar Naquvi v. State of UP, AIR 1980 All 149 ◦ The lability under section 153A does not attach to the thing said or done, but to the manner in which it is said or done. Thus, if words, spoken or written are couched in temperate, dignified and mild language and do no have the tendency to insult the feelings or the deepest religious conviction of any section of the people, section 153A is attracted. State of Maharashtra v. Ganpate Vasudeo Behera, 1978 Cr LR178 (184-85) ◦ When an impugned article contained healthy and legitimate criticism of the Islamic Religion and intended to bring about reformation in that religion in keeping with the modern world, it was held that the article was not offensive and did not amount to an offence under section 153A. SEC:197 Imputations, assertions prejudicial to national integration. (1)Whoever, by words either spoken or written or by signs or by visible representations or through electronic communication or otherwise,— (a) makes or publishes any imputation that any class of persons cannot, by reason of their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India; or (b)asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of their being members of any religious, racial, language or regional group or caste or community, be denied, or deprived of their rights as citizens of India; or SEC:197 Imputations, assertions prejudicial to national integration. (c) makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, language or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons; or (d) makes or publishes false or misleading information, jeopardising the sovereignty, unity and integrity or security of India, shall be punished with imprisonment which may extend to three years, or with fine, or with both. (2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine. LEARNING NEVER ENDS……… Thank You Made By: Ms. Swara Anand Assistant Professor FOL, GLS University ▪ Public Servants in a democracy governed by Rule of Law play an important role in the administration as they are responsible for the implementation of the Plans and Policies of the government. ▪ Besides discharging administrative functions, a public servant in a welfare state is responsible for execution and implementation of various social and economic welfare scheme. ▪ For Instance, public servants are entrusted with the difficult job of distribution of wealth and other benefits to the public, such as rural employment guarantee schemes , allotments of plots, houses, petrol pumps, gas agencies, mineral leases, contracts, quotas, licenses etc. ▪ If they are corrupt and dishonest, the welfare of the people will be greatly jeopardized and the administration of the country cannot run efficiently and effectively.  Offences committed by Public Servants Offences by or relating to Public Offences Servants Chapter-XII of BNS relating to from Section-198 to Public Section-205 is Servants dealing with offences by or relating to Public Servants Public servants are defined in section 2(28) of the BNS as:- ▪ Any Commissioned Officer in the Armed Forces. ▪ Any judge who, individually or through the body of members, is empowered to discharge adjudicatory functions. ▪ The officers of the court are responsible for investigating and reporting on matters of law, for authenticating information or for providing relevant details, and for any such duty that the court has on its officials. ▪ Every assessor or member of a panchayat assisting a court or public servant. ▪ Any arbitrator to whom the matter is referred by a court of law for judgment. ▪ Those who are empowered to put people in confinement. ▪ Officers who are responsible for the prevention of offences, for providing information on offences, for bringing criminals to justice. ▪ Officers in charge of the government are holding of property as part of their duty to conduct surveys, assessments, or investigations and to report on the government’s pecuniary interests. ▪ Officer with the obligation to hold, take or dispense property for the public good for assessment or levy taxes. ▪ The officer is responsible for amending the electoral rolls and conducting elections. ▪ Any person with a government task in exchange for payment, in the capacity of a public duty, or appointed to the service of authorities set up under government acts. ▪ Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. For this offense to be established, the following elements must be present: 1. The accused must be a public servant 2. The accused must have disobeyed a direction of law 3. The disobedience must have been intentional 4. The intent must have been to cause injury to any person ▪ A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favour by a Court, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section. ▪ Whoever, being a public servant— (a) knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter; or (b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation; or (c) fails to record any information given to him under sub-section (1) of section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence punishable under section 64, section 65, section 66, section 67, section 68, section 70, section 71, section 74, section 76, section 77, section 79, section 124, section 143 or section 144, shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine. ▪ For this offence to be established, the following elements must be present: 1. The accused must be a public servant 2. The accused must have disobeyed a direction of the law 3. The disobedience must have been intentional 4. The intent must have been to cause injury to any person, or the accused must have had knowledge that injury would likely result from the disobedience ▪ Whoever, being in charge of a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person, contravenes the provisions of section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both. ▪ SEC-397 BNSS, Treatment of Victims ▪ Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. ▪ Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both or with community service. ▪ Whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated. For this offence to be established, the following elements must be present: 1. The accused must be a public servant 2. The accused must have unlawfully bought or bid for the property 3. The property must have been put up for sale in execution of a court decree, or in satisfaction of a mortgage, or otherwise ▪ This scope of this section is limited to property sold by a public servant in his official capacity. ▪ This is based on the principle that, as he is placed in an advantageous position over others, he might influence the sale in his favour. ▪ But if the sale is unconnected with the official position of the public servant, he is not prohibited from bidding or purchasing the property and the section is not attacted. ▪ Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to three years and with fine. ▪ Personation alone is not sufficient to constitute the offence. It must be accompanied by some overt act or attempt to do such act on the part of the offender. ▪ The gist of the offence consists in false assumption of the role of the public servant. ▪ When a person falsely personated himself as a constable and under the color of such pretended office collected fees from the villager he was held liable under this section. ▪ Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, 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 thousand rupees, or with both. ▪ The provision will not be applicable in case of persons wearing garb or carrying token used by public servants in case of films, or shows depicting the charated and role of a supposed public officer, or a mister. This is because the element of fraud is missing and the object is to depict the role of an officer to the public in society. The intention is not to take an advantage but to show to the public the current state of affairs in the society.  CHAPTER-XIII CONTEMPT OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS Made By: Ms. Swara Anand Assistant Professor FOL, GLS University INTRODUCTION As a necessary part of the administrative machinery of a Country, the Public Servants possess certain exceptional rights and privileges in order to safeguard and protect the public from the abuse of power by public servants and vice versa. The previous chapter dealt with the offences by or relating to Public Servants while this chapter relates to their rights against the public for putting obstructions to the discharge of their official transactions. This chapter essays to enforce obedience to and respect for public servants during the exercising of their lawful authority. SEC-206 ABSCONDING TO AVOID SERVICE OF SUMMONS OR OTHER PROCEEDING Whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order,–– (a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both; (b) where such summons or notice or order is to attend in person or by agent, or to produce a document or an electronic record in a Court shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both. SEC-206 ABSCONDING TO AVOID SERVICE OF SUMMONS OR OTHER PROCEEDING ❑ The object of this section is to furnish any person who absconds in order to avoid service of summons or other proceedings. ❑ ESSENTIAL INGRIDIENTS: 1. The summons, notice or order must be issued by a Public Servant legally competent to issue it 2. That the accused knew or had a reason to believe that it had been issued 3. He must have absconded to evade it. SEC-206 ABSCONDING TO AVOID SERVICE OF SUMMONS OR OTHER PROCEEDING ❑ The word ‘Abscond’ has been given a wide meaning by the courts so as to cover the cases of evasion. ❑ Absconding to avoid service of summons or other proceedings is similar to non- compliance to an order from a public servant. ❑ However refusal to accept a notice, abusing the process server and walking inside the house do not amount to absconding. SRINIVASA AYYANGAR V. QUEEN 1881 4 MAD 393 ❑ If a person having concealed himself before process is issued and continues to do so after it is issued, he is said to be absconding.  SEC-207 PREVENTING SERVICE OF SUMMONS OR OTHER PROCEEDING, OR PREVENTING PUBLICATION THEREOF Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made,–– (a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both; (b) where the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document or electronic record in a Court, with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.  QUEEN V. ARUMUGA NADAN, (1882) 5 MAD 200 The words ‘prevents the serving on himself’ are not applicable to that cases wherein the summons is tendered and refused, in as much as rendering is in itself a good service. But a person who gets away from the serving officer and shuts himself in his house to intentionally prevent service either by tender or by delivery is guilty within the meaning of this section. SEC-208: NON-ATTENDANCE IN OBEDIENCE TO AN ORDER FROM PUBLIC SERVANT Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order, or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time or departs from the place where he is bound to attend before the time at which it is lawful for him to depart,–– (a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both; (b) where the summons, notice, order or proclamation is to attend in person or by agent in a Court with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both SEC-208: NONATTENDANCE IN OBEDIENCE TO AN ORDER FROM PUBLIC SERVANT ILLUSTRATIONS: (a) A, being legally bound to appear before a High Court, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section. (b) A, being legally bound to appear before a District Judge, as a witness, in obedience to a summons issued by that District Judge intentionally omits to appear. A has committed the offence defined in this section. SEC-209: NON-APPEARANCE IN RESPONSE TO A PROCLAMATION UNDER SECTION 84 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both, or with community service, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine. Sec-84 BNSS: Proclamation for person absconding SEC-210: OMISSION TO PRODUCE DOCUMENT OR ELECTRONIC RECORD TO PUBLIC SERVANT BY PERSON LEGALLY BOUND TO PRODUCE IT. Whoever, being legally bound to produce or deliver up any document or electronic record to any public servant, as such, intentionally omits so to produce or deliver up the same,–– (a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both; (b) and where the document or electronic record is to be produced or delivered up to a Court with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both. SEC-210: OMISSION TO PRODUCE DOCUMENT OR ELECTRONIC RECORD TO PUBLIC SERVANT BY PERSON LEGALLY BOUND TO PRODUCE IT. ILLUSTRATION: A, being legally bound to produce a document before a District Court, intentionally omits to produce the same. A has committed the offence defined in this section SEC-210 ESSENTIAL ELEMENTS: To constitute this offence the prosecution must prove: A) the accused was legally bound to produce the document or electronic record as per summons in a court of law. B) that the accused omitted to produce it as required C) that it was done intentionally D) that the accused was in possession of the document SEC-211: OMISSION TO GIVE NOTICE OR INFORMATION TO PUBLIC SERVANT BY PERSON LEGALLY BOUND TO GIVE IT Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law,–– (a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both; (b) where the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both; (c) where the notice or information required to be given is required by an order passed under section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. ESSENTIAL ELEMENTS 1. omission to furnish information to public servant. 2. Legally bound to give any notice or to furnish information. 3. intentionally omits to give such notice. SEC-212: FURNISHING FALSE INFORMATION. Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false,–– (a) shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both; (b) where the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both. SEC-212: FURNISHING FALSE INFORMATION. ILLUSTRATION: (a) A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. Ais guilty of the offence defined in this section. (b) A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neighbouring place, and being legally bound to give early and punctual information of the above fact to the officer of the nearest police station, wilfully misinforms the police officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in a different direction. Here A is guilty of the offence defined in this section. SEC-212: FURNISHING FALSE INFORMATION. To convict a person under this section the following facts are necessary to be established:- 1) The accused was legally bound to furnish information 2) That the said information was given to a public servant 3) That it was false 4) That he furnished the information as true, though he knew the same was false R V. MUHAMAD ISMAIL KHAN, 1897 ILR 20 ALL 151 If A a police officer who is under a legal obligation to enter all reports of offences brought to him, refused to enter a report of a certain offence, but entered instead a false report, is guilty under this section. SEC-213 REFUSING OATH OR AFFIRMATION WHEN DULY REQUIRED BY PUBLIC SERVANT TO MAKE IT. Whoever refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both SEC-213 ESSENTIAL INGREDIENTS 1. The accused was required by a public servant to bind himself by an oath or affirmation to speak the truth 2. The public servant was legally competent to require that the accused shall bind himself by an oath and speak the truth 3. The accused refused to bind himself as required JIBACHH SHAH V. STATE OF BIHAR, AIR 1965 PAT 331 If a man disposing as a witness refuses to take an oath and comes to the witness box for cross examination, he is guilty under this section. SEC-214 REFUSING TO ANSWER PUBLIC SERVANT AUTHORIZED TO QUESTION. Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. SEC-214 ESSENTIAL INGREDIENTS 1. The demanding authority must be a public servant- a police officer is obviously one, 2. The accused was bound to state the truth to a public servant on the subject in question 3. The question were put by a public servant in the exercise of legal powers 4. The accused refused to answer the questions demanded of him SEC-215: REFUSING TO SIGN STATEMENT Whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to three thousand rupees, or with both. SEC-215: REFUSING TO SIGN STATEMENT Ingredients: 1.The accused made a statement 2. The accused was required to sign such statement by a public servant 3. Such public servant was legally competent to require him to sign it; and 4. The accused refused to sign that statement STATE OF U.P. V. DURGA PRASAD 1974, CR LJ 1465 (SC) Refusal to sign a statement and confession of the accused given before the Magistrate. SEC-216 FALSE STATEMENT ON OATH OR AFFIRMATION TO PUBLIC SERVANT OR PERSON AUTHORIZED TO ADMINISTER AN OATH OR AFFIRMATION Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorized by law to administer such oath or affirmation, makes, to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. SEC-216: ESSENTIAL INGREDIENTS 1. The accused took an oath or affirmation 2. That the accused was legally bound to state the truth to a public servant 3. The accused so bound made a statement touching the subject in question; and 4. The statement made by the accused was false and that he knew or had reason to believe that such statement was false. SEC-217: FALSE INFORMATION, WITH INTENT TO CAUSE PUBLIC SERVANT TO USE HIS LAWFUL POWER TO INJURY OF ANOTHER PERSON. Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant— (a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him; or (b) to use the lawful power of such public servant to the injury or annoyance of 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 ten thousand rupees, or with both. SEC-217: ESSENTIAL INGREDIENTS 1. The accused gave some information to a public servant 2. Such information was false 3. The accused knew or had reason to believe that such false information will cause injury to any person SEC-217: FALSE INFORMATION, WITH INTENT TO CAUSE PUBLIC SERVANT TO USE HIS LAWFUL POWER TO INJURY OF ANOTHER PERSON. ILLUSTRATION: (a) A informs a Magistrate that Z, a police officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section. (b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section. (c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section. SEC-218: RESISTANCE TO TAKING OF PROPERTY BY LAWFUL AUTHORITY OF A PUBLIC SERVANT. Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both. SEC-218 The ingredients of the offence are: 1. The property was taken by a lawful authority 2. The person resisted must be a public servant, or a person having lawful authority, 3. The accused resisted the taking of such property; and 4. The accused knew or had reason to believe that the person resisted was a public servant authorized to such taking SEC-219: OBSTRUCTING SALE OF PROPERTY OFFERED FOR SALE BY AUTHORITY OF PUBLIC SERVANT. Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, as such, 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 thousand rupees, or with both. SEC-219 Ingredients: 1. The property was put under sale 2. The sale was by a public servant 3. Sale was lawfully held 4. The accused obstructed the sale 5. The accused obstructed the sale intentionally PROVINCIAL GOVT. OF C.P. & BERAR V. BALRAM JAGANNATH AIR 1938 NAG 529 No physical obstruction is necessary. Use of abusive language by a person at an auction sale conducted by a public servant makes him liable to be convicted under this section. SEC-220:ILLEGAL PURCHASE OR BID FOR PROPERTY OFFERED FOR SALE BY AUTHORITY OF PUBLIC SERVANT Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any property on account of any person, whether himself or any other, whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. SEC-220 Ingredients: 1. The property offered for sale was by the lawful authority of a public servant. 2. The accused bid for sale, purchased it himself or for some other person, 3. The person for whom the accused bid for purchase of property was under a legal incapacity to purchase a such sale 4. The accused knew of it. SEC-221: OBSTRUCTING PUBLIC SERVANT IN DISCHARGE OF PUBLIC FUNCTIONS. Whoever voluntarily obstructs any public servant in the discharge of his public functions, 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 thousand and five hundred rupees, or with both. SEC-221 ESSENTIAL INGREDIENTS 1. The obstruction to the public servant was done by the accused voluntarily 2. the obstruction was done in discharge of the public functions SANTOSH KUMAR JAIN V. STATE AIR 1951 SC 201 However on the evidence in the case it was held that the accused had in fact obstructed the officer in carrying out legal functions attached to his office and was accordingly convicted under this section. SEC-222:OMISSION TO ASSIST PUBLIC SERVANT WHEN BOUND BY LAW TO GIVE ASSISTANCE Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance,–– (a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two thousand and five hundred rupees, or with both; (b) and where such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court or of preventing the commission of an offence, or suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. SEC-222 INGREDIENTS 1. The accused was bound by law to assist 2. That the person to be assisted was a public servant 3. That the public servant was engaged in execution of his duty 4. That the accused omitted to give such assistance 5. That the accused did so intentionally For Instance: if a person required to make a search fails to do so without reasonable excuse, he is liable under this section. SEC-223 DISOBEDIENCE TO ORDER DULY PROMULGATED BY PUBLIC SERVANT. Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction,–– (a) shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand and five hundred rupees, or with both; (b) and where such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. SEC-223 INGREDIENTS 1. There must be an order promulgated by a public servant 2. The public servant must have been lawfully empowered to promulgate such an order 3. the accused was aware of such an order 4. that the accused disobeyed such an order SEC-223 DISOBEDIENCE TO ORDER DULY PROMULGATED BY PUBLIC SERVANT. ILLUSTRATION An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section. SEC-224: THREAT OF INJURY TO PUBLIC SERVANT. Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of 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. SEC-224 INGREDIENTS 1. Threat must be a threat of injury to the public servant or to any person in whom the accused believes the public servant to be interested 2. that it must be done to induce a govt servant to do or forbear from doing something related to the exercise of his function EMPEROR V. YAR MAHAMMAD, 1930 ILR 58 CAL 392 When two constables went at night to the hose of suspect kept under surveillance and called out his name from the public road and his brother, who lived in adjoining hut, came out and threatened to assault the constables for annoyance caused, it was held he was guilty of an offence under this section SEC-225 THREAT OF INJURY TO INDUCE PERSON TO REFRAIN FROM APPLYING FOR PROTECTION TO PUBLIC SERVANT Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. SEC-226 ATTEMPT TO COMMIT SUICIDE TO COMPEL OR RESTRAIN EXERCISE OF LAWFUL POWER Whoever attempts to commit suicide with the intent to compel or restrain any public servant from discharging his official duty shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both, or with community service.  CHAPTER XVIII OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS MADE BY: MS. SWARA ANAND ASSISTANT PROFESSOR FOL, GLS UNIVERSITY SEC-2(8): Definition of Document  “Document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, and includes electronic and digital record, 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. 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. (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 SEC-2(8): Definition of Document  Explanation 2.—Whatever is expressed by means of letters, figures or marks as 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 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; Sec-335 Making a false document  A person is said to make a false document or false electronic record— (A) Who dishonestly or fraudulently— (i) makes, signs, seals or executes a document or part of a document; (ii) makes or transmits any electronic record or part of any electronic record; (iii) affixes any electronic signature on any electronic record; (iv) makes any mark denoting the execution of a document or the authenticity of the electronic signature, with the intention of causing it to be believed that such document or part of document, electronic record or electronic signature was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed; or Sec-335 Making a false document. (B) Who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with electronic signature either by himself or by any other person, whether such person be living or dead at the time of such alteration; or (C) Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his electronic signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practiced upon him, he does not know the contents of the document or electronic record or the nature of the alteration Sec-335 Making a false document. Illustrations. (a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds cipher to the 10,000, and makes the sum 1,00,000 intending that it may be believed by B that Z so wrote the letter. A has committed forgery. (b) A, without Z’s authority, affixes Z’s seal to a document purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B and thereby of obtaining from B the purchase-money. A has committed forgery. (c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of ten thousand rupees. A commits forgery. Sec-335 Making a false document. Explanation 1.—A man’s signature of his own name may amount to forgery. Illustrations. (a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed forgery. (b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty of forgery Sec-335 Making a false document. Explanation 2.—The making of a false document in the name of a fictitious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery. Illustration A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery. Explanation 3.—For the purposes of this section, the expression “affixing electronic signature” shall have the meaning assigned to it in clause (d) of sub-section (1) of section 2 of the Information Technology Act, 2000. Sec-336 Forgery (1) Whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery. (2) Punishment for Forgery: Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (3) Forgery for Cheating: Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (4) Forgery to Harm Reputation: Whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Sec-336 Forgery Essential Ingredients of Forgery: 1. The document or false electronic record or part of the document or electronic record must be false 2. It must have been made dishonestly or fraudulently 3. It must have been made with an intent to cause damage or injury to the public or to any person Example: If the doctor puts upon the certificate a certain seal or designation such as Chief Medical Officer, indicating that he was issuing the certificate in his capacity as C.M.O, he is guilty of forgery Forgery for Cheating: Vimla (Dr.) V. Delhi Administration AIR 1963 SC 172  Appellant purchased an Austin Power Car from Dewan Ram Swarup on January 20, 1953. The car was purchased by Vimla in the name of her minor daughter Nalini who was 6 months old at that time. Car was transferred to Nalini’s name and the insurance policy of the car was also transferred in the name of Nalini. The Appellant signed on the insurance policy as Nalini. Thereafter two claims were also made and the Appellant signed the claim forms and payment receipts as Nalini. The insurance company made a complaint that the Appellant and her husband had made ‘Fraud.’  The judgment of Court was delivered by Justice K. Subba Rao. The Court after considering the various facts and law held that the Appellant is not guilty under Section 467, 468 of Indian Penal Code, 1860. The Court was of the view that the insurance company has not suffered any loss and neither the Appellant has gained any advantage by signing as Nalini. The intention of the Appellant was not to harm the insurance company. The claims made by the Appellant were also genuine and it would have made no difference if the car would have been registered in the name of the Appellant or any other person. Sec-337 Forgery of record of Court or of public register, etc. Whoever forges a document or an electronic record, purporting to be a record or proceeding of or in a Court or an identity document issued by Government including voter identity card or Aadhaar Card, or a register of birth, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation.—For the purposes of this section, “register” includes any list, data or record of any entries maintained in the electronic form as defined in clause (r) of sub- section (1) of section 2 of the Information Technology Act, 2000. Sec-337 Forgery of record of Court or of public register, etc. 1. The accused forged the document or electronic record 2. The document or electronic record forged is one of these kinds of document; (a) A document or electronic record purporting to be a record of proceedings of or in a court of justice (b) A register of birth, baptism, marriage or a register kept by a public servant as such (c) A certificate of document or an electronic record purporting to be made by a public servant in his official capacity (d) An authority to substitute or defend a suit, or to take any proceedings therein, or to confer judgement (e) A power of Attorney Sec-337 Forgery of record of Court or of public register, etc. A person who, at the request of another sent to trap him, fabricated a document purporting to be a notice under the seal and signature of Deputy Collector, he having been informed that the notice was required by such other person for the purpose of processing a pending suit, was held guilty of forgery. Sec-338 Forgery of valuable security, will, etc. Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with 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. Sec-339 Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine. Whoever has in his possession any document or electronic record, knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document or electronic record is one of the description mentioned in section 337 of this Sanhita, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the document is one of the description mentioned in section 338, shall be punished with imprisonment for life, or with imprisonment of either description, for a term which may extend to seven years, and shall also be liable to fine. Sec-340 Forged document or electronic record and using it as genuine (1) A false document or electronic record made wholly or in part by forgery is designated a forged document or electronic record. (2) Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or electronic record, shall be punished in the same manner as if he had forged such document or electronic record Sec-341 Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338. (1) Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under section 338 of this Sanhita, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (2) Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this Chapter other than section 338, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (3) Whoever possesses any seal, plate or other instrument knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. (4) Whoever fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing or having reason to believe the same to be counterfeit, shall be punished in the same manner as if he had made or counterfeited such seal, plate or other instrument. Sec-342 Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material. (1) Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document described in section 338, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (2) Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document or electronic record other than the documents described in section 338, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Sec-343 Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security. (1) Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect of such document, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine Sec-344 Falsification of accounts. Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates or falsifies any book, electronic record, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or wilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in, any such book, electronic record, paper, writing, valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Explanation.—It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed Difference between Trademark & Property Mark  The distinction between a trade mark and a property mark is that whereas the former denotes the manufacture or quality of the goods to which it is attached, the latter denotes the ownership in them.  In other words, a trade mark concerns the goods themselves, while a property mark concerns the proprietor.  Trade Mark and Property Mark: Under English Law, the distinction is not made or shown between Trade Mark and Property Mark. But in India Trade Mark and Property Mark are different. According to Indian Law Trade Mark is the mark of the manufacturer or quality of the goods whereas Property Mark is the Mark that shows that the particular goods or movable property belong to a certain or specific person. Sumat Prasad Jain vs Sheojanam Prasad (Dead) & Ors on 29 August, 1972  One Sheojanam Prasad (who died during the pendency of his appeal before the High Court) was at all material times the proprietor of a provisions store in Arrah. He claimed to have evolved a formula for manufacturing a scent to which he gave the name of "BASANT BAHAR". The scent, when put into market, soon became popular and in the course of time gathered custom. The scent used to be packed in cartoons and other receptacles which carried on them the picture of a pari ' (an angel) holding a bunch of flowers in her hands and an inscription "BASANT BAHAR SCENT KHUSHBUON Ka Badahah" The cartoons and receptacles were of green colour and had on them in print the name of the manufacturer, namely, 'Basant Bahar Perfumery Co. Shahabad". Sheojanam Prasad thereafter applied before the Registrar of Trade Marks for registration of the trade mark. The application was, however, not granted as it contained certain technical defects. His case was that nonetheless the said scent with the aforesaid marks became popular in the market as the scent manufactured and sold by him. Sumat Prasad Jain vs Sheojanam Prasad (Dead) & Ors on 29 August, 1972  The case of Sheojanam Prasad was that the appellant was also conducting a provisions store in Arrah. Finding that his Basant Bahar scent had become popular, the appellant put out for sale a scent prepared by him and gave it the name of Pushp Raj. The Pushp Raj scent, however, did not become popular with customers. The appellant, therefore, started putting out for sale his said scent under the name of Basant Bahar in cartoons and receptacles, similar to those of his (Sheojanam Prasad), in the same colour, shape and size, except for one particular only, namely, the name of the manufacturer, such name being Basant Bahar Chemical Co. Ltd., Shahabad. In para 14 and 15 of his complaint against the appellant, Sheojanam Prasad averred as follows : Sumat Prasad Jain vs Sheojanam Prasad (Dead) & Ors on 29 August, 1972  That the failure of the "Pushp Raj" led the accused to devise ways and means of destroying the business credit of "Basant Bahar" by surreptitiously and fraudulently and deliberately printing Trade Mark label of Basant Bahar and packing (sic)scents in receptacles of the various varieties with inferior quality of scent which are easily being palmed off as the genuine "Basant Bahar" of the complainant with the result that the accused uses false trade mark and sells inferior quality Basant Bahar to defame and destroy the good name of the complainant and his scent (Basant Bahar) and make illegal gain for himself.  That the accused is manufacturing spurious scent and defrauding the public as genuine Basant Bahar with counterfeit limitation of Trade mark with the sole object of making illegal gain and damaging the business reputation of Basant Bahar in the hope of boosting up the sale of Pushp Raj by damaging Basant Bahar. Sec-345 Property mark. (1) A mark used for denoting that movable property belongs to a particular person is called a property mark. (2) Whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark. (3) Whoever uses any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Sec-346 Tampering with property mark with intent to cause injury. Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Sec-347 Counterfeiting a property mark. (1) Whoever counterfeits any property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (2) Whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Sec-348 Making or possession of any instrument for counterfeiting a property mark. Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark, or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Sec-349 Selling goods marked with a counterfeit property mark. Whoever sells, or exposes, or has in possession for sale, any goods or things with a counterfeit property mark affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves— (a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark; and (b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things; or (c) that otherwise he had acted innocently, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Sec-350 Making a false mark upon any receptacle containing goods. (1) Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. (2) Whoever makes use of any false mark in any manner prohibited under sub-section (1) shall, unless he proves that he acted without intent to defraud, be punished as if he had committed the offence under sub-section (1).