INDIAN PENAL CODE 1860

CHAPTER I

This chapter contains Sections 1 to 5

“Introduction”

CHAPTER II

This chapter contains Sections 6 to 52

“General Explanations”

CHAPTER III

This chapter contains Sections 53 to 75

“Punishments”

CHAPTER IV

This chapter contains Sections 76 to 106

“General Exceptions Of The Right Of Private Defence (Sections 96 To 106)”

CHAPTER V

This chapter contains Sections 107 to 120

“Abetment”

CHAPTER VA

This chapter contains Sections 120A to 120B

“Criminal Conspiracy”

CHAPTER VI

This chapter contains Sections 121 to 130

“Offences Against The State”

CHAPTER VII

This chapter contains Sections 131 to 140

“Offences Relating To The Army, Navy And Air Force”

CHAPTER VIII

This chapter contains Sections 141 to 160

“Offences Against The Public Tranquility”

CHAPTER IX

This chapter contains Sections 161 to 171

“Offences By Or Relating To Public Servants”

CHAPTER X

This chapter contains Sections 172 to 190

“Contempt Of Lawful Authority Of Public Servants”

CHAPTER XI

This chapter contains Sections 191 to 229

“False Evidence And Offences Against Public Justice”

CHAPTER XII

This chapter contains Sections 230 to 263

“Offences Relating To Coin And Government Stamps”

CHAPTER XIII

This chapter contains Sections 264 to 267

“Offences Relating To Weight And Measures”

CHAPTER XIV

This chapter contains Sections 268 to 294

“Offences affecting the Public Health, Safety, Convenience, Decency and Morals”

CHAPTER XV

This chapter contains Sections 295 to 298

“ Offences Relating To Religion”

CHAPTER XVI

This chapter contains Sections 299 to 377

“Offences affecting the Human Body”

“ Offences  Affecting Life Including Murder, Culpable Homicide  (Sections 299 To 311)”

“The Causing Of Miscarriage, Of Injuries To Unborn Children, Of The Exposure Of Infants, And Of The Concealment Of Births (Sections 312 To 318)”

“ Hurt (Sections 319 To 338)”

“ Wrongful Restraint And Wrongful Confinement (Sections 339 To 348)”

“ Criminal Force And Assault (Sections 349 To 358)”

“ Kidnapping, Abduction, Slavery And Forced Labour (Sections 359 To 374)”

“Sexual Offences Including Rape (Sections 375 To 376)”

“ Unnatural Offences (Section 377)”

CHAPTER XVII

This chapter contains Sections 378 to 462

“Offences Against Property”

“ Theft (Sections 378 To 382)”

“ Extortion (Sections 383 To 389)”

“ Robbery And Dacoity (Sections 390 To 402)”

“ Criminal Misappropriation Of Property (Sections 403 To 404)”

“ Criminal Breach Of Trust (Sections 405 To 409)”

“ The Receiving Of Stolen Property (Sections 410 To 414)”

“ Cheating (Section 415 To 420)”

“ Fraudulent Deeds And Disposition Of Property (Sections 421 To 424)”

“ Mischief (Sections 425 To 440)”

“ Criminal Trespass (Sections 441 To 462)”

CHAPTER XVIII

This chapter contains Sections 463 to 489

“Offences Relating To Documents And Property Marks”

“Property and Other Marks (Sections 478 to 489)”

 “Currency Notes and Bank Notes (Sections 489A to 489E)”

CHAPTER XIX

This chapter contains Sections 490 to 492

“The Criminal Breach Of Contracts Of Service”

CHAPTER XX

This chapter contains Sections 493 to 498

“Offences Relating To Marriage”

CHAPTER XXA

This Chapter contains only one section 498A

“Cruelty by Husband or Relatives of Husband”

CHAPTER XXI

This Chapter contains sections 499 to 502

“Defamation”

CHAPTER XXII

This Chapter contains sections 503 to 510

“Criminal Intimidation, Insult And Annoyance”

CHAPTER XXIII

This chapter contains only 1 section of Indian Penal Code 511

“Attempts To Commit Offences”

section 1 indian penal code

 THE INDIAN PENAL CODE 1860

Act 45 of 1860

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

CHAPTER  I INTRODUCTION 

INDIAN PENAL CODE

Section 01: Title and extent of operation of the code

01: Title and extent of operation of the code::--This Act shall be called the Indian Penal Code, and shall extend to the whole of India¹ except the State of Jammu and Kashmir²

1. The original words have successively been amended by Act 12 of 1891, sec. 2 and Sch. I, the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above.

2. Subs. by Act 3 of 1951, sec. 3 and Sch., for “except Part B States”.

section 2 indian penal code

INDIAN PENAL CODE

Section 02: Punishment of offences committed within india

02: Punishment of offences committed within india::--Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which, he shall be guilty within [India]¹₂.

1. The original words “the said territories” have successively been amended by the A.O. 1937, the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

2. The words and figures “on or after the said first day of May, 1861” rep. by Act 12 of 1891, sec. 2 and Sch. I.

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section 3 indian penal code

INDIAN PENAL CODE

Section 03: Punishment of offences committed beyond but which by law may be tried within india

03: Punishment of offences committed beyond but which by law may be tried within india::--Any person liable, by any [Indian law]¹ to be tried for an offence committed beyond [India]² shall be dealt with according to the provisions of this Code for any act committed beyond [India]² in the same manner as if such act had been committed within [India]³.

 1. Subs. by the A.O. 1937 for “law passed by the Governor General of India in Council”.

2. The original words “the limits of the said territories” have successively been amended by the A.O. 1937, the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

3. The original words “the said territories” have successively been amended by the A.O. 1937, the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch., to read as above.

section 4 indian penal code

INDIAN PENAL CODE

Section 04: Extension of code to extra territorial offences

04: Extension of code to extra territorial offences::--¹The provisions of this Code apply also to any offence committed by–

²(1) any citizen of India in any place without and beyond India;

(2) any person on any ship or aircraft registered in India wherever it may be.

Explanation: In this section the word “offence” includes every act committed outside India which, committed in India, would be punishable under this Code.

⁴Illustration

⁵A, ⁶who is a citizen of [India]⁷, commits a murder in Uganda. He can be tried and convicted of murder in any place in [India]³ in which he may be found⁸.

 1 Subs. by Act 4 of 1898, sec. 2, for the original section.

2 Subs. by the A.O. 1950, for clauses (1) to (4).

3 The words “British India” have been successively amended by the A.O. 1948, the A.O. 1950 and Act 3 of 1951, sec. 3 and Sch. to read as above.

4 Subs. by Act 36 of 1957, sec. 3 and Sch. II, for “Illustrations” (w.e.f. 17-9-1957).

5 The brackets and letter “(a)” omitted by Act 36 of 1957, sec. 3 and Sch. II (w.e.f. 17-9-1957).

6 Subs. by the A.O. 1948, for “a coolie, who is a Native Indian subject”.

7 Subs. by the A.O. 1950, for “a British subject of Indian domicile”.

8 Illustrations (b), (c) and (d) omitted by the A.O. 1950.

section 5 indian penal code

INDIAN PENAL CODE

Section 05: Certain laws not to be affected by this act

05: Certain laws not to be affected by this act::--Nothing in this Act 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

section 6 indian penal code

CHAPTER  II GENERAL EXPLANATIONS

INDIAN PENAL CODE

Section 06: Definitions in the code to be understood subject to exceptions

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

Illustrations

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

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

section 7 indian penal code

INDIAN PENAL CODE

Section 07: Sense of expression once explained

07: Sense of expression once explained::--Every expression which is explained in any part of this Code, is used in every part of this Code in conformity with the explanation.

section 8 indian penal code

INDIAN PENAL CODE

Section 08: Gender

08: Gender::--The pronoun “he” and its derivatives are used for any person, whether male or female.

section 9 indian penal code

INDIAN PENAL CODE

Section 09: Number

09: 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.

section 10 indian penal code

INDIAN PENAL CODE

Section 10: “man”, woman”

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

section 11 indian penal code

INDIAN PENAL CODE

Section 11: “Person”

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

COMMENTS

It may seem prima facie that a corporate body or a body unincorporated person is punishable as an ordinary individual.

According to s. 3(42) of the General Clauses Act, 1897, “person” shall include any company or association or body of individuals, whether incorporated or not;

A corporate body or a company shall not be indictable for offences which can be committed only by a human individual (e.g., rape, bigamy etc.) or for offences which must be punished by imprisonment (e.g. cheating).–State of Maharashtra v. Syndicate Bank AIR 1964 Bom 95:

In general, a corporation is in the same position in relation to criminal liability as a natural person and may be convicted of common law and statutory offences including those requiring mens rea. There are, however, crimes which a corporation is incapable of committing or of which a corporation cannot be found guilty as principal; nor can a corporation be convicted of a crime for which death or imprisonment are the only punishments.

Criminal liability of a corporation arises where an offence is committed in the course of corporation’s business by a person in control of its affairs to such a degree that it may fairly be said to think and act through him so that his actions and intent are the actions and intent of the corporation.

`Person’ includes–

(i) an individual,

(ii) a Hindu undivided family,

(iii) a company,

(iv) a firm,

(v) an association of persons or a body of individuals, whether incorporated or not,

(vi) a local authority, and

(vii) every artificial juridical person, not falling within any of the preceding sub-clauses–Income-tax Act 1961, s. 2(31)

In Order 30, Rule 10, Code of Civil Procedure 1908, the word `person’ does not include a company, because such a construction will be repugnant to the context–Modi Vanaspati v. Khaitan Jute Mills AIR 1969 Cal 496

A firm, an individual or a group of individuals may be a person under s. 2(9) of the Income-tax Act, 1922.–Ipoh v. Commissioner of Income-tax (1968)1 SCR 68: AIR 1968 SC 317

section 12 indian penal code

INDIAN PENAL CODE

Section 12: “Public”

12: “Public”::--The word “Public” includes any class of the public or any community.

COMMENTS

It means members of the community, the aggregate of the citizen of a State, nation or municipality, inhabitants of a particular person. Public is a term of uncertain import, it must be limited in every case by the context in which it is used. It does not generally mean the inhabitants of the world or even the inhabitants of this country. In any specific context, it may mean for practical purposes only the inhabitants of a village or such members of the community or would be interested in any particular matter, professional, political, social, artistic or local.

section 13 indian penal code

INDIAN PENAL CODE

Section 13: Definition Of “Queen”

Rep. by the AO 1950.

section 14 indian penal code

INDIAN PENAL CODE

Section 14: “Servant Of Government”

14: “Servant Of Government”::--The words “Servant of Government” denote any officer or servant continued, appointed or employed in India by or under the authority of Government.

section 15 indian penal code

INDIAN PENAL CODE

Section 15: Definition Of “British India”

Rep. by the AO 1937.

section 16 indian penal code

INDIAN PENAL CODE

Section 16: Definition Of “Government Of India”

Rep. by the AO 1937.

section 17 indian penal code

INDIAN PENAL CODE

Section 17: Government

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

COMMENTS 

According to Halsbury’s Law of England, from the legal point of view, `government’ may be described as the exercise of certain powers and the performance of certain duties by public authorities or officers, together with certain private persons or corporations exercising public functions. The structure of the machinery of the government, and the regulation of the powers and duties which belong to different parts of this structure, are defined by the law, which also prescribes, to some extent, the mode in which these powers are to be exercised or those duties are to be performed. Government generally connotes three estates, namely, the Legislature, the Executive and the Judiciary. In a narrow sense it connotes executive only.–State of UP v. Nemchandra Jain (1984)2 SCC 405

According to Code of Civil Procedure 1908, Order 27, Rule 8B, `government’ means–

(a) in relation to any suit by or against the Central Government or against a public officer in the service of that Government, the Central Government, and

(b) in relation to any suit by or against a State Government or against a public officer in the service of a State, the State Government.

Under s. 2(d) of the Dock Workers (Regulation of Employment) Act, 1948,`government’ means in relation to any major port, the Central Government and in relation to any other port, the State Government.

`Government’ in relation to any Government security means the Central or State Government issuing the security.–Public Debt Act, 1944, s. 2(1-A)

`The government’ or `government’ in relation to any loan or security means the Government raising the loan or issuing the security.–Indian Securities Act, 1920, s. 2(c)

According to Official Trustees Act, 1913, s. 3(1) `government’ or `the government’ means in relation to any State, the State Government and in relation to any Union Territory, the Central Government.

According to s. 3(9) of Indian Ports Act, 1908, `government’ as respects major ports, for all purposes, and as respects other ports for the purposes of making rules under s. 6(1)(p) and of the appointment and control of port health officers under s. 17, means the Central Government, and save as aforesaid, means the State Government.

According to General Clauses Act, 1897, s. 3(23) `government’ or `the government’ shall include both the Central Government and any State Government.