text
stringlengths 203
203
| summary
stringlengths 1k
1k
|
|---|---|
A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning. (c)A instigates B and C to ... | A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning. (c)A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder. 52. If the act for which the abettor is liable under section 51 is committed in addition to the act abetted, and constitute a distinct offence, the abettor is liable to punishment for each of the offences.Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment. Punishment of abetment if person abetted does act with different intention from that of abettor. Liability of abettor when one act abetted and differen |
Illustration. A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the off... | Illustration. A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of the offences. 53.When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likel |
lso be liable to punishment for each of the offences. 53.When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable... | lso be liable to punishment for each of the offences. 53.When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect. Illustration. A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder. 54.Whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is co |
y to cause that effect. Illustration. A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the griev... | y to cause that effect. Illustration. A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder. 54.Whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence. 55.Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, 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 any act for which the abettor is liable i |
mmitted, he shall be deemed to have committed such act or offence. 55.Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed... | mmitted, he shall be deemed to have committed such act or offence. 55.Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, 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 any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. Illustration. A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or imprisonment for life. Therefore, Ais liable to imprisonment for a term which may extend to seven years and also to a fine; an |
n consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall ... | n consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. Illustration. A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or imprisonment for life. Therefore, Ais liable to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine. 56.Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to onefourth part of the l |
d if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine. 56.Whoever abets an offence punishable with imp... | d if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine. 56.Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to onefourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to onehalf of the longest term provided for that offence, or with such fine as is provided for the offence, or with both. Illustrations. (a)A instigates |
ongest term provided for that offence; or with such fine as is provided for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the co... | ongest term provided for that offence; or with such fine as is provided for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to onehalf of the longest term provided for that offence, or with such fine as is provided for the offence, or with both. Illustrations. (a)A instigates B to give false evidence. Here, if B does not give false evidence, Ahas nevertheless committed the offence defined in this section, and is punishable accordingly.Liability of abettor for an effect caused by act abetted different from that intended by abettor. Abettor present when offence is committed. Abetment of offence punishable with death or imprisonment for life. Abetment of offence punishable with imprisonment.20THE GAZETTE OF INDIA EXTRAORDINARYPart II____________________________________ |
(b) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to onehalf of the longest term of imprisonment pro... | (b) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to onehalf of the longest term of imprisonment provided for that offence, and also to fine. (c) B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here, though the robbery be not committed, B is liable to onehalf of the longest term of imprisonment provided for the offence of robbery, and also to fine. 57.Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to seven years and with fine. Illustration. A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the o |
ine. 57.Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term whic... | ine. 57.Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to seven years and with fine. Illustration. A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence defined in this section. 58.Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life, voluntarily conceals by any act or omission, or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design shall,–– (a) if that offence be committed, be punished with |
ffence defined in this section. 58.Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for lif... | ffence defined in this section. 58.Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life, voluntarily conceals by any act or omission, or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design shall,–– (a) if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years; or (b) if the offence be not committed, with imprisonment of either description, for a term which may extend to three years, and shall also be liable to fine. Illustration. A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of t |
imprisonment of either description for a term which may extend to seven years; or (b) if the offence be not committed, with imprisonment of either description, for a term which may extend to three ye... | imprisonment of either description for a term which may extend to seven years; or (b) if the offence be not committed, with imprisonment of either description, for a term which may extend to three years, and shall also be liable to fine. Illustration. A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section. 59.Whoever, being a public servant, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily conceals, by any act or omission or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence, or makes any representation w |
he offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section. 59.Whoever, being a public servant, intending to facilitate or knowing it to be likely that he... | he offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section. 59.Whoever, being a public servant, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily conceals, by any act or omission or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design shall,–– (a) if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to onehalf of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both; or (b) if the offence be punishable with death or imprisonment for life, with imprisonment of either description for a term which may extend to ten years; or (c) if the offence be not comm |
hich he knows to be false respecting such design shall,–– (a) if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one... | hich he knows to be false respecting such design shall,–– (a) if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to onehalf of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both; or (b) if the offence be punishable with death or imprisonment for life, with imprisonment of either description for a term which may extend to ten years; or (c) if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to onefourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both. Illustration. A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to so facilitate the commis |
itted, shall be punished with imprisonment of any description provided for the offence for a term which may extend to onefourth part of the longest term of such imprisonment or with such fine as is pr... | itted, shall be punished with imprisonment of any description provided for the offence for a term which may extend to onefourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both. Illustration. A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to so facilitate the commission of that offence.Abetting commission of offence by public or by more than ten persons. Concealing design to commit offence punishable with death or imprisonment for life. Public servant concealing design to commit offence which it is his duty to prevent.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY21________________________________________________________________________________________________________________________________________________________________________________________________________ |
Here A has by an illegal omission concealed the existence of Bs design, and is liable to punishment according to the provision of this section. 60.Whoever, intending to facilitate or knowing it to be ... | Here A has by an illegal omission concealed the existence of Bs design, and is liable to punishment according to the provision of this section. 60.Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design shall,–– (a) if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to onefourth; and (b) if the offence be not committed, to oneeighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both. Of criminal conspiracy 61.(1) When two or more persons agree with the common object to do, or cause to be done–– (a) an illegal act; or (b) an act which is not illegal by illegal means, such an agreem |
offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to onefourth; and (b) if the offence be not committed, to oneeighth, of the... | offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to onefourth; and (b) if the offence be not committed, to oneeighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both. Of criminal conspiracy 61.(1) When two or more persons agree with the common object to do, or cause to be done–– (a) an illegal act; or (b) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. Explanation.It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object. (2) Whoever is a party to a criminal conspiracy,–– (a) to commit an offence punishable with death, imprisonmen |
ent is designated a criminal conspiracy Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one o... | ent is designated a criminal conspiracy Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. Explanation.It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object. (2) Whoever is a party to a criminal conspiracy,–– (a) to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Sanhita for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence; (b) other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both. Of attempt 62.Whoever attempts to commit an offence punisha |
t for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Sanhita for the punishment of such a conspiracy, be punished in the same manne... | t for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Sanhita for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence; (b) other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both. Of attempt 62.Whoever attempts to commit an offence punishable by this Sanhita with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Sanhita for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to onehalf of the imprisonment for life or, as the case may be, onehalf of the longest term of imprisonment provided for t |
ble by this Sanhita with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no exp... | ble by this Sanhita with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Sanhita for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to onehalf of the imprisonment for life or, as the case may be, onehalf of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both. Illustrations. (a)A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section. (b)A makes an attempt to pick the pocket of Z by thrusting his hand into Zs pocket.A fails in the attempt in consequence of Zs having nothing in his pocket. Ais guilty under this |
hat offence, or with such fine as is provided for the offence, or with both. Illustrations. (a)A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that ... | hat offence, or with such fine as is provided for the offence, or with both. Illustrations. (a)A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section. (b)A makes an attempt to pick the pocket of Z by thrusting his hand into Zs pocket.A fails in the attempt in consequence of Zs having nothing in his pocket. Ais guilty under this section.Concealing design to commit offence punishable with imprisonment. Criminal conspiracy. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.22THE GAZETTE OF INDIA EXTRAORDINARYPart II_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
CHAPTERV OF OFFENCES AGAINST WOMAN AND CHILD Of sexual offences 63.A man is said to commit rape if he (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or mak... | CHAPTERV OF OFFENCES AGAINST WOMAN AND CHILD Of sexual offences 63.A man is said to commit rape if he (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or (c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions (i) against her will; (ii) without her consent; (iii) with her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of deat |
netration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d) applies his mouth to the vagina, anus, urethra of a woman or makes... | netration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions (i) against her will; (ii) without her consent; (iii) with her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt; (iv) with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married; (v) with her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to wh |
h or of hurt; (iv) with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be la... | h or of hurt; (iv) with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married; (v) with her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent; (vi) with or without her consent, when she is under eighteen years of age; (vii) when she is unable to communicate consent. Explanation 1.For the purposes of this section, vagina shall also includelabia majora. Explanation 2.Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or nonverbal communication, communicates willingness to participate in the specific sexual act Provided that a woman who does not physically resist |
ich she gives consent; (vi) with or without her consent, when she is under eighteen years of age; (vii) when she is unable to communicate consent. Explanation 1.For the purposes of this section, vagin... | ich she gives consent; (vi) with or without her consent, when she is under eighteen years of age; (vii) when she is unable to communicate consent. Explanation 1.For the purposes of this section, vagina shall also includelabia majora. Explanation 2.Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or nonverbal communication, communicates willingness to participate in the specific sexual act Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exception 1.––A medical procedure or intervention shall not constitute rape. Exception 2.––Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape. 64.(1) Whoever, except in the cases provided for in subsection (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which |
to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exception 1.––A medical procedure or intervention shall not constitute rape. Exc... | to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exception 1.––A medical procedure or intervention shall not constitute rape. Exception 2.––Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape. 64.(1) Whoever, except in the cases provided for in subsection (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. (2) Whoever, (a) being a police officer, commits rape,Rape. Punishment for rape.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY23_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
(i) within the limits of the police station to which such police officer is appointed; or (ii) in the premises of any station house; or (iii) on a woman in such police officers custody or in the custo... | (i) within the limits of the police station to which such police officer is appointed; or (ii) in the premises of any station house; or (iii) on a woman in such police officers custody or in the custody of a police officer subordinate to such police officer; or (b) being a public servant, commits rape on a woman in such public servants custody or in the custody of a public servant subordinate to such public servant; or (c) being a member of the armed forces deployed in an area by the Central Government or a State Government commits rape in such area; or (d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a womens or childrens institution, commits rape on any inmate of such jail, remand home, place or institution; or (e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or (f) being a relative, guardian or teacher of, or a person in a |
ernment or a State Government commits rape in such area; or (d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time be... | ernment or a State Government commits rape in such area; or (d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a womens or childrens institution, commits rape on any inmate of such jail, remand home, place or institution; or (e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or (f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or (g) commits rape during communal or sectarian violence; or (h) commits rape on a woman knowing her to be pregnant; or (i) commits rape, on a woman incapable of giving consent; or (j) being in a position of control or dominance over a woman, commits rape on such woman; or (k) commits rape on a woman suffering from mental or physical disability; or (l) while committing rape causes grievous bodily harm or maims or disf |
position of trust or authority towards the woman, commits rape on such woman; or (g) commits rape during communal or sectarian violence; or (h) commits rape on a woman knowing her to be pregnant; or (... | position of trust or authority towards the woman, commits rape on such woman; or (g) commits rape during communal or sectarian violence; or (h) commits rape on a woman knowing her to be pregnant; or (i) commits rape, on a woman incapable of giving consent; or (j) being in a position of control or dominance over a woman, commits rape on such woman; or (k) commits rape on a woman suffering from mental or physical disability; or (l) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or (m) commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life, and shall also be liable to fine. Explanation.For the purposes of this subsection, (a) armed forces means the naval, army and air forces and includes any member of the Armed Forces constit |
igures or endangers the life of a woman; or (m) commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may... | igures or endangers the life of a woman; or (m) commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life, and shall also be liable to fine. Explanation.For the purposes of this subsection, (a) armed forces means the naval, army and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government; (b) hospital means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation; (c) police officer shall have the same meaning as assigned to the expression police under the P |
uted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government; (b) hospital me... | uted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government; (b) hospital means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation; (c) police officer shall have the same meaning as assigned to the expression police under the Police Act, 1861; (d) womens or childrens institution means an institution, whether called an orphanage or a home for neglected women or children or a widows home or an institution called by any other name, which is established and maintained for the reception and care of women or children.5 of 1861.24THE GAZETTE OF INDIA EXTRAORDINARYPart II_____________________________________________________________________________________________________________________________________________________________ |
65.(1) Whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonme... | 65.(1) Whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life, and shall also be liable to fine Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim Provided further that any fine imposed under this subsection shall be paid to the victim. (2) Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life, and with fine or with death Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim Provided further that any fine imposed un |
shall be paid to the victim. (2) Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which... | shall be paid to the victim. (2) Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life, and with fine or with death Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim Provided further that any fine imposed under this subsection shall be paid to the victim. 66.Whoever, commits an offence punishable under subsection (1) or subsection (2) of section 64 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that pe |
der this subsection shall be paid to the victim. 66.Whoever, commits an offence punishable under subsection (1) or subsection (2) of section 64 and in the course of such commission inflicts an injury ... | der this subsection shall be paid to the victim. 66.Whoever, commits an offence punishable under subsection (1) or subsection (2) of section 64 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life, or with death. 67. Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine. Explanation.In this section, sexual intercourse shall mean any of the acts mentioned in clauses (a) to (d) of section 63. 68.Whoever, |
rsons natural life, or with death. 67. Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be puni... | rsons natural life, or with death. 67. Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine. Explanation.In this section, sexual intercourse shall mean any of the acts mentioned in clauses (a) to (d) of section 63. 68.Whoever, being (a) in a position of authority or in a fiduciary relationship; or (b) a public servant; or (c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a womens or childrens institution; or (d) on the management of a hospital or being on the staff of a hospital, abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to |
being (a) in a position of authority or in a fiduciary relationship; or (b) a public servant; or (c) superintendent or manager of a jail, remand home or other place of custody established by or under ... | being (a) in a position of authority or in a fiduciary relationship; or (b) a public servant; or (c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a womens or childrens institution; or (d) on the management of a hospital or being on the staff of a hospital, abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine. Explanation 1.In this section, sexual intercourse shall mean any of the acts mentioned in clauses (a) to (d) of section 63. Explanation 2.For the purposes of this section,Explanation 1 to section 63 shall also be app |
have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less th... | have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine. Explanation 1.In this section, sexual intercourse shall mean any of the acts mentioned in clauses (a) to (d) of section 63. Explanation 2.For the purposes of this section,Explanation 1 to section 63 shall also be applicable. Explanation 3.Superintendent, in relation to a jail, remand home or other place of custody or a womens or childrens institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which such person can exercise any authority or control over its inmates.Punishment for rape in certain cases. Punishment for causing death or resulting in persistent vegetative state of victim. Sexual intercourse by husband upon his wife during separation. |
Explanation 4.The expressions hospital and womens or childrens institution shall respectively have the same meanings as in clauses (b) and (d) of theExplanation to subsection (2) of section 64. 69.Who... | Explanation 4.The expressions hospital and womens or childrens institution shall respectively have the same meanings as in clauses (b) and (d) of theExplanation to subsection (2) of section 64. 69.Whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. Explanation.deceitful means shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity. 70. (1) Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may exte |
years and shall also be liable to fine. Explanation.deceitful means shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity. 70. (1) Where a woma... | years and shall also be liable to fine. Explanation.deceitful means shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity. 70. (1) Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that persons natural life, and with fine Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim Provided further that any fine imposed under this subsection shall be paid to the victim. (2) Where a woman under eighteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall |
nd to imprisonment for life which shall mean imprisonment for the remainder of that persons natural life, and with fine Provided that such fine shall be just and reasonable to meet the medical expense... | nd to imprisonment for life which shall mean imprisonment for the remainder of that persons natural life, and with fine Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim Provided further that any fine imposed under this subsection shall be paid to the victim. (2) Where a woman under eighteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life, and with fine, or with death Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim Provided further that any fine imposed under this subsection shall be paid to the victim. 71.Whoever has been previously convicted of an offence punishable under section 64 or sect |
be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life, and with fine, or with d... | be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life, and with fine, or with death Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim Provided further that any fine imposed under this subsection shall be paid to the victim. 71.Whoever has been previously convicted of an offence punishable under section 64 or section 65 or section 66 or section 70 and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that persons natural life, or with death. 72.(1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 64 or section 65 or section 66 or section 67 or section 68 or section 69 or section 70 or section |
ion 65 or section 66 or section 70 and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for ... | ion 65 or section 66 or section 70 and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that persons natural life, or with death. 72.(1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 64 or section 65 or section 66 or section 67 or section 68 or section 69 or section 70 or section 71 is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. (2) Nothing in subsection (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is (a) by or under the order in writing of the officerincharge of the police station or the |
71 is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years ... | 71 is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. (2) Nothing in subsection (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is (a) by or under the order in writing of the officerincharge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or (b) by, or with the authorisation in writing of, the victim; or (c) where the victim is dead or a child or of unsound mind, by, or with the authorisation in writing of, the next of kin of the victim Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare inst |
police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or (b) by, or with the authorisation in writing of, the victim; or (c) where the... | police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or (b) by, or with the authorisation in writing of, the victim; or (c) where the victim is dead or a child or of unsound mind, by, or with the authorisation in writing of, the next of kin of the victim Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation.Sexual intercourse by employing deceitful means, etc. Gang rape. Punishment for repeat offenders. Disclosure of identity of victim of certain offences, etc.26THE GAZETTE OF INDIA EXTRAORDINARYPart II_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
Explanation.For the purposes of this subsection, recognised welfare institution or organisation means a social welfare institution or organisation recognised in this behalf by the Central Government o... | Explanation.For the purposes of this subsection, recognised welfare institution or organisation means a social welfare institution or organisation recognised in this behalf by the Central Government or the State Government. 73.Whoever prints or publishes any matter in relation to any proceeding before a Court with respect to an offence referred to in section 72 without the previous permission of such Court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. Explanation.The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section. Of criminal force and assault against woman 74.Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one yea |
wo years and shall also be liable to fine. Explanation.The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this secti... | wo years and shall also be liable to fine. Explanation.The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section. Of criminal force and assault against woman 74.Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine. 75.(1) Aman committing any of the following acts (i) physical contact and advances involving unwelcome and explicit sexual overtures; or (ii) a demand or request for sexual favours; or (iii) showing pornography against the will of a woman; or (iv) making sexually coloured remarks, shall be guilty of the offence of sexual harassment. (2)Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of |
r but which may extend to five years, and shall also be liable to fine. 75.(1) Aman committing any of the following acts (i) physical contact and advances involving unwelcome and explicit sexual overt... | r but which may extend to five years, and shall also be liable to fine. 75.(1) Aman committing any of the following acts (i) physical contact and advances involving unwelcome and explicit sexual overtures; or (ii) a demand or request for sexual favours; or (iii) showing pornography against the will of a woman; or (iv) making sexually coloured remarks, shall be guilty of the offence of sexual harassment. (2)Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of subsection (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both. (3) Any man who commits the offence specified in clause (iv) of subsection (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 76.Whoever assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with im |
subsection (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both. (3) Any man who commits the offence specified in clause (iv) of subs... | subsection (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both. (3) Any man who commits the offence specified in clause (iv) of subsection (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 76.Whoever assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine. 77.Whoever watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either descri |
prisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine. 77.Whoever watches, or captures the image of... | prisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine. 77.Whoever watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine. Explanation 1.For the purposes of this section, private act includes an act of watching carried out in a place which, in the circumstances, would reasonabl |
ption for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment o... | ption for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine. Explanation 1.For the purposes of this section, private act includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victims genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.Assault or use of criminal force to woman with intent to outrage her modesty. Sexual harassment. Assault or use of criminal force to woman with intent to disrobe. Voyeurism.Printing or publishing any matter relating to Court proceedings without permissi |
Explanation 2.Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall b... | Explanation 2.Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section. 78.(1) Any man who (i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or (ii) monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking Provided that such conduct shall not amount to stalking if the man who pursued it proves that (i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or (ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or (iii) in the particu |
r form of electronic communication, commits the offence of stalking Provided that such conduct shall not amount to stalking if the man who pursued it proves that (i) it was pursued for the purpose of ... | r form of electronic communication, commits the offence of stalking Provided that such conduct shall not amount to stalking if the man who pursued it proves that (i) it was pursued for the purpose of preventing or detecting crime and the man accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the State; or (ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or (iii) in the particular circumstances such conduct was reasonable and justified. (2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. 79.Whoever, intending to insult the modesty of any woman, utters any |
lar circumstances such conduct was reasonable and justified. (2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which ... | lar circumstances such conduct was reasonable and justified. (2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. 79.Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any form, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine. Of offences relating to marriage 80.(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within |
words, makes any sound or gesture, or exhibits any object in any form, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon ... | words, makes any sound or gesture, or exhibits any object in any form, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine. Of offences relating to marriage 80.(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called dowry death, and such husband or relative shall be deemed to have caused her death. Explanation.For the purposes of this subsection, dowry shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961. (2) Whoever commits dowry death shall be pun |
seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand f... | seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called dowry death, and such husband or relative shall be deemed to have caused her death. Explanation.For the purposes of this subsection, dowry shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961. (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. 81.Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 82.(1) Whoever, having a husband or wife living, m |
ished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. 81.Every man who by deceit causes any woman who is not lawfully married to hi... | ished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. 81.Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 82.(1) Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Exception.This subsection does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wif |
arries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may ... | arries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Exception.This subsection does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absentStalking. Word, gesture or act intended to insult modesty of a woman. Dowry death. Cohabitation caused by man deceitfully inducing belief of lawful marriage. Marrying again during lifetime of husband or wife.28 of 1961.28THE GAZETTE OF INDIA EXTRAORDINARYPart II________________________________________________________________________________________________________________________________________ |
from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before su... | from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge. (2) Whoever commits the offence under subsection (1) having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 83.Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 84.Whoever takes or entices away any woman who is and |
act of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 83.Whoever, dishonestly or with a frau... | act of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 83.Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 84.Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 85.Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three |
whom he knows or has reason to believe to be the wife of any other man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shal... | whom he knows or has reason to believe to be the wife of any other man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 85.Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. 86.For the purposes of section 85, cruelty means (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by |
years and shall also be liable to fine. 86.For the purposes of section 85, cruelty means (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause... | years and shall also be liable to fine. 86.For the purposes of section 85, cruelty means (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. 87. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also b |
her or any person related to her to meet such demand. 87. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry a... | her or any person related to her to meet such demand. 87. Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Sanhita or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid. Of causing miscarriage, etc. 88. Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused |
e liable to fine; and whoever, by means of criminal intimidation as defined in this Sanhita or of abuse of authority or any other method of compulsion, induces any woman to go from any place with inte... | e liable to fine; and whoever, by means of criminal intimidation as defined in this Sanhita or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid. Of causing miscarriage, etc. 88. Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation.A woman who causes herself to miscarry, is within the meaning of this section.Marriage ceremony fraudulently gone through with |
in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the w... | in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation.A woman who causes herself to miscarry, is within the meaning of this section.Marriage ceremony fraudulently gone through without lawful marriage. Enticing or taking away or detaining with criminal intent a married woman. Husband or relative of husband of a woman subjecting her to cruelty. Kidnapping, abducting or inducing woman to compel her marriage, etc. Causing miscarriage.Cruelty defined.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY29____________________________________________________________________________________________________________________________________________________________________________________________ |
89. Whoever commits the offence under section 88 without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment of e... | 89. Whoever commits the offence under section 88 without the consent of the woman, whether the woman is quick with child or not, 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. 90.(1) Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (2) Where the act referred to in subsection (1) is done without the consent of the woman, shall be punishable either with imprisonment for life, or with the punishment specified in said subsection. Explanation.It is not essential to this offence that the offender should know that the act is likely to cause death. 91.Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or |
extend to ten years, and shall also be liable to fine. (2) Where the act referred to in subsection (1) is done without the consent of the woman, shall be punishable either with imprisonment for life, ... | extend to ten years, and shall also be liable to fine. (2) Where the act referred to in subsection (1) is done without the consent of the woman, shall be punishable either with imprisonment for life, or with the punishment specified in said subsection. Explanation.It is not essential to this offence that the offender should know that the act is likely to cause death. 91.Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both. 92.Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act c |
causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose o... | causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both. 92.Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Illustration. A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence |
ause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Illustration. A, knowing t... | ause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Illustration. A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section. Of offences against child 93.Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Explanation.This section is not intended to prevent the trial of the offender for murder or culpable homici |
defined in this section. Of offences against child 93.Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in... | defined in this section. Of offences against child 93.Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Explanation.This section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child die in consequence of the exposure. 94.Whoever, by secretly burying or otherwise disposing of the dead body of a child whether such child die before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 95.Whoever hires, employs or engages any child to commit an offence shall be punish |
de, as the case may be, if the child die in consequence of the exposure. 94.Whoever, by secretly burying or otherwise disposing of the dead body of a child whether such child die before or after or du... | de, as the case may be, if the child die in consequence of the exposure. 94.Whoever, by secretly burying or otherwise disposing of the dead body of a child whether such child die before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 95.Whoever hires, employs or engages any child to commit an offence shall be punished with imprisonment of either description which shall not be less than three years but which may extend to ten years, and with fine; and if the offence be committed shall also be punished with the punishment provided for that offence as if the offence has been committed by such person himself. Explanation.Hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section. 96.Whoever, by any means whatsoever, induces any child to go |
ed with imprisonment of either description which shall not be less than three years but which may extend to ten years, and with fine; and if the offence be committed shall also be punished with the pu... | ed with imprisonment of either description which shall not be less than three years but which may extend to ten years, and with fine; and if the offence be committed shall also be punished with the punishment provided for that offence as if the offence has been committed by such person himself. Explanation.Hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section. 96.Whoever, by any means whatsoever, induces any child to go from any place or to do any act with intent that such child may be, or knowing that it is likely that such child will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine. 97. Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either descrip |
from any place or to do any act with intent that such child may be, or knowing that it is likely that such child will be, forced or seduced to illicit intercourse with another person shall be punishab... | from any place or to do any act with intent that such child may be, or knowing that it is likely that such child will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine. 97. Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.Death caused by act done with intent to cause miscarriage. Act done with intent to prevent child being born alive or to cause to die after birth. Causing death of quick unborn child by act amounting to culpable homicide. Exposure and abandonment of child under twelve years of age, by parent or person having care of it. Concealment of birth by secret disposal of dead body. Hiring, employing or engaging a child to co |
tion for a term which may extend to seven years, and shall also be liable to fine.Death caused by act done with intent to cause miscarriage. Act done with intent to prevent child being born alive or t... | tion for a term which may extend to seven years, and shall also be liable to fine.Death caused by act done with intent to cause miscarriage. Act done with intent to prevent child being born alive or to cause to die after birth. Causing death of quick unborn child by act amounting to culpable homicide. Exposure and abandonment of child under twelve years of age, by parent or person having care of it. Concealment of birth by secret disposal of dead body. Hiring, employing or engaging a child to commit an offence. Procuration of child. Kidnapping or abducting child under ten years of age with intent to steal from its person.Causing miscarriage without womans consent.30THE GAZETTE OF INDIA EXTRAORDINARYPart II_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
98.Whoever sells, lets to hire, or otherwise disposes of any child with intent that such child shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any pers... | 98.Whoever sells, lets to hire, or otherwise disposes of any child with intent that such child shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such child will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation 1.When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. Explanation 2.For the purposes of this section illicit intercourse means sexual intercourse between persons not united by marriage or by any union or tie which, tho |
female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, un... | female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. Explanation 2.For the purposes of this section illicit intercourse means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them aquasimarital relation. 99.Whoever buys, hires or otherwise obtains possession of any child with intent that such child shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it |
ugh not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constitu... | ugh not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them aquasimarital relation. 99.Whoever buys, hires or otherwise obtains possession of any child with intent that such child shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such child will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to fourteen years, and shall also be liable to fine. Explanation 1.Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtai |
to be likely that such child will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which shall not be less than seven years bu... | to be likely that such child will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to fourteen years, and shall also be liable to fine. Explanation 1.Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution. Explanation 2.Illicit intercourse has the same meaning as in section 98. CHAPTERVI OF OFFENCES AFFECTING THE HUMAN BODY Of offences affecting life 100.Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of c |
ned possession of such female with the intent that she shall be used for the purpose of prostitution. Explanation 2.Illicit intercourse has the same meaning as in section 98. CHAPTERVI OF OFFENCES AFF... | ned possession of such female with the intent that she shall be used for the purpose of prostitution. Explanation 2.Illicit intercourse has the same meaning as in section 98. CHAPTERVI OF OFFENCES AFFECTING THE HUMAN BODY Of offences affecting life 100.Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. Illustrations. (a)A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide. (b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Zs death, induces B to fire at the bush. B fires and kills Z. Here B may be guilt |
ulpable homicide. Illustrations. (a)A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the gr... | ulpable homicide. Illustrations. (a)A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide. (b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Zs death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide. (c)A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death. Explanation 1.A person who causes bodily injury to another who is labouring under a disorder, disease or bodily i |
y of no offence; but A has committed the offence of culpable homicide. (c)A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not knowing that he was there. Her... | y of no offence; but A has committed the offence of culpable homicide. (c)A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death. Explanation 1.A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death.Selling child for purposes of prostitution, etc. Buying child for purposes of prostitution, etc. Culpable homicide.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY31___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
Explanation 2.Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment ... | Explanation 2.Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. Explanation 3.The causing of the death of a child in the mothers womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born. 101.Except in the cases hereinafter excepted, culpable homicide is murder,–– (a) if the act by which the death is caused is done with the intention of causing death; or (b) if the act by which the death is caused is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused; or (c) if the act by which the death is caused is done with the intention of causing bodily injury to any person and th |
mpletely born. 101.Except in the cases hereinafter excepted, culpable homicide is murder,–– (a) if the act by which the death is caused is done with the intention of causing death; or (b) if the act b... | mpletely born. 101.Except in the cases hereinafter excepted, culpable homicide is murder,–– (a) if the act by which the death is caused is done with the intention of causing death; or (b) if the act by which the death is caused is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused; or (c) if the act by which the death is caused is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or (d) if the person committing the act by which the death is caused, knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. Illustrations. (a) A shoots Z with the intention of killing him. Z dies in con |
e bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or (d) if the person committing the act by which the death is caused, knows that it is so immine... | e bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or (d) if the person committing the act by which the death is caused, knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. Illustrations. (a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder. (b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course |
sequence. A commits murder. (b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequ... | sequence. A commits murder. (b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death. (c) A intentionally gives Z a swordcut or clubwound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Zs death. (d) A without any excuse |
of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in th... | of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death. (c) A intentionally gives Z a swordcut or clubwound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Zs death. (d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them.Ais guilty of murder, although he may not have had a premeditated design to kill any particular individual. Exception 1.Culpable homicide is not murder if the offender, whilst deprived of the power of selfcontrol by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident Provided that the provocation is not,–– (a) sought or voluntarily |
fires a loaded cannon into a crowd of persons and kills one of them.Ais guilty of murder, although he may not have had a premeditated design to kill any particular individual. Exception 1.Culpable ho... | fires a loaded cannon into a crowd of persons and kills one of them.Ais guilty of murder, although he may not have had a premeditated design to kill any particular individual. Exception 1.Culpable homicide is not murder if the offender, whilst deprived of the power of selfcontrol by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident Provided that the provocation is not,–– (a) sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person; (b) given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant; (c) given by anything done in the lawful exercise of the right of private defence. Explanation.Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.Murder.32THE GAZETTE OF INDIA EXTRAORDINARYPart II__________________ |
Illustrations. (a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Zs child. This is murder, in as much as the provocation was not given by the child, and... | Illustrations. (a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Zs child. This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation. (b) Y gives grave and sudden provocation to A.A, on this provocation, fires a pistol at Y , neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. HereAhas not committed murder, but merely culpable homicide. (c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing done by a public servant in the exercise of his powers. (d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of As deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kil |
ills Z. HereAhas not committed murder, but merely culpable homicide. (c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, ... | ills Z. HereAhas not committed murder, but merely culpable homicide. (c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing done by a public servant in the exercise of his powers. (d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of As deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder. (e) A attempts to pull Zs nose. Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, in as much as the provocation was giving by a thing done in the exercise of the right of private defence. (f) Z strikes B. B is by this provocation excited to violent rage.A, a bystander, intending to take advantage of Bs rage, and to cause him to kill Z, puts a |
ls Z. This is murder. (e) A attempts to pull Zs nose. Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in conse... | ls Z. This is murder. (e) A attempts to pull Zs nose. Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, in as much as the provocation was giving by a thing done in the exercise of the right of private defence. (f) Z strikes B. B is by this provocation excited to violent rage.A, a bystander, intending to take advantage of Bs rage, and to cause him to kill Z, puts a knife into Bs hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder. Exception 2.Culpable homicide is not murder if the offender in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for |
knife into Bs hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder. Exception 2.Culpable homicide is not murder if the offender ... | knife into Bs hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder. Exception 2.Culpable homicide is not murder if the offender in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence. Illustration. Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide. Exception 3.Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exc |
the purpose of such defence. Illustration. Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith th... | the purpose of such defence. Illustration. Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide. Exception 3.Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without illwill towards the person whose death is caused. Exception 4.Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual manner. Explanat |
eeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ... | eeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without illwill towards the person whose death is caused. Exception 4.Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual manner. Explanation.It is immaterial in such cases which party offers the provocation or commits the first assault. Exception 5.Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent. Illustration. A, by instigation, voluntarily causes Z, a child to commit suicide. Here, on account of Zs youth, he was incapable of giving consent to his own death; A has therefore abetted murder.Sec. 1THE GAZETTE O |
102.If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself... | 102.If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause. 103.(1) Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine. (2) When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine. 104.Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death or with imprisonment for life, which |
t for life, and shall also be liable to fine. (2) When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, person... | t for life, and shall also be liable to fine. (2) When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine. 104.Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death or with imprisonment for life, which shall mean the remainder of that persons natural life. 105. Whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either description for a term which shall not be less than five years but which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either |
shall mean the remainder of that persons natural life. 105. Whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either descripti... | shall mean the remainder of that persons natural life. 105. Whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either description for a term which shall not be less than five years but which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years and with fine, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death. 106.(1) Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if s |
description for a term which may extend to ten years and with fine, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such ... | description for a term which may extend to ten years and with fine, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death. 106.(1) Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. Explanation.For the purposes of this subsection, registered medical practitioner means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register |
uch act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shal... | uch act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. Explanation.For the purposes of this subsection, registered medical practitioner means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register or a State Medical Register under that Act. (2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine. 107.If any child, any person of unsound mind, any delirious person or any person in a state of intoxication, comm |
or a State Medical Register under that Act. (2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a po... | or a State Medical Register under that Act. (2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine. 107.If any child, any person of unsound mind, any delirious person or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine. 108.If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 109.(1) Whoever does any act with such intention or knowledge, and under such circums |
its suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine. ... | its suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine. 108.If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 109.(1) Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.Culpable homicide by causing death of person other than person whose death was intended. Punishment for murder. Punishment for mu |
tances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable ... | tances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.Culpable homicide by causing death of person other than person whose death was intended. Punishment for murder. Punishment for murder by lifeconvict. Punishment for culpable homicide not amounting to murder. Causing death by negligence. Abetment of suicide of child or person of unsound mind. Abetment of suicide. Attempt to murder.30 of 2019.34THE GAZETTE OF INDIA EXTRAORDINARYPart II___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |