anixh0/bns

1text,,,,,,,,,,
2—————,,,,,,,,,,
3ARRANGEMENT OF CLAUSES,,,,,,,,,,
4—————,,,,,,,,,,
5CHAPTER IP,,,,,,,,,,
6RELIMINARY,,,,,,,,,,
7CLAUSES,,,,,,,,,,
8"1. Short title, commencement and application.",,,,,,,,,,
92. Definitions.,,,,,,,,,,
103. General Explanations and expressions.,,,,,,,,,,
11CHAPTER II,,,,,,,,,,
12OF PUNISHMENTS,,,,,,,,,,
134. Punishments.,,,,,,,,,,
145. Commutation of sentence of death or imprisonment for life.,,,,,,,,,,
156. Fractions of terms of punishment.7. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or,,,,,,,,,,
16simple.,,,,,,,,,,
17"8. Amount of fine, liability in default of payment of fine, etc.9. Limit of punishment of offence made up of several offences.",,,,,,,,,,
18"10. Punishment of person guilty of one of several offences, the judgment stating that it",,,,,,,,,,
19is doubtful of which.,,,,,,,,,,
2011. Solitary confinement.12. Limit of solitary confinement.13. Enhanced punishment for certain offences after previous conviction.,,,,,,,,,,
21CHAPTER III,,,,,,,,,,
22G,,,,,,,,,,
23ENERAL  EXCEPTIONS,,,,,,,,,,
24"14. Act done by a person bound, or by mistake of fact believing himself bound, by law.15. Act of Judge when acting judicially.",,,,,,,,,,
2516. Act done pursuant to the judgment or order of Court.,,,,,,,,,,
26"17. Act done by a person justified, or by mistake of fact believing himself, justified, by",,,,,,,,,,
27law.,,,,,,,,,,
28"18. Accident in doing a lawful act.19. Act likely to cause harm, but done without criminal intent, and to prevent other",,,,,,,,,,
29harm.,,,,,,,,,,
3020. Act of a child under seven years of age.,,,,,,,,,,
3121. Act of a child above seven and under twelve of immature understanding.,,,,,,,,,,
3222. Act of a person of mental illness.23. Act of a person incapable of judgment by reason of intoxication caused against his,,,,,,,,,,
33will.AS INTRODUCED  IN LOK SABHA,,,,,,,,,,
34Bill No. 121 of 2023(ii),,,,,,,,,,
3524. Offence requiring a particular intent or knowledge committed by one who is,,,,,,,,,,
36intoxicated.,,,,,,,,,,
37"25. Act not intended and not known to be likely to cause death or grievous hurt, done",,,,,,,,,,
38by consent.,,,,,,,,,,
39"26. Act not intended to cause death, done by consent in good faith for person’s",,,,,,,,,,
40benefit.,,,,,,,,,,
41"27. Act done in good faith for benefit of child or person with mental illness, by or by",,,,,,,,,,
42consent of guardian.,,,,,,,,,,
4328. Consent known to be given under fear or misconception.29. Exclusion of acts which are offences independently of harm caused.30. Act done in good faith for benefit of a person without consent.31. Communication made in good faith.,,,,,,,,,,
4432. Act to which a person compelled by threats.,,,,,,,,,,
4533. Act causing slight harm.,,,,,,,,,,
46Of  the Right of Private Defence,,,,,,,,,,
47"34. Things done in private defence.35. Right of private defence of the body and of property.36. Right of private defence against the act of a person with mental illness, etc.37. Acts against which there is no right of private defence.",,,,,,,,,,
4838. When the right of private defence of the body extends to causing death.,,,,,,,,,,
4939. When such right extends to causing any harm other than death.40. Commencement and continuance of the right of private defence of the body.41. When the right of private defence of property extends to causing death.42. When such right extends to causing any harm other than death.,,,,,,,,,,
5043. Commencement and continuance of the right of private defence of property.,,,,,,,,,,
5144. Right of private defence against deadly assault when there is risk of harm to innocent,,,,,,,,,,
52person.,,,,,,,,,,
53CHAPTER IV,,,,,,,,,,
54O,,,,,,,,,,
55"F ABETMENT , CRIMINAL  CONSPIRACY  AND ATTEMPT",,,,,,,,,,
56Of  Abetment,,,,,,,,,,
5745. Abetment of a thing.46. Abettor.47. Abetment in India of offences outside India.48. Abetment outside India for offence in India.,,,,,,,,,,
5849. Punishment of abetment if the act abetted is committed in consequence and where,,,,,,,,,,
59no express provision is made for its punishment.,,,,,,,,,,
6050. Punishment of abetment if person abetted does act with different intention from,,,,,,,,,,
61that of abettor.,,,,,,,,,,
6251. Liability of abettor when one act abetted and different act done.52. Abettor when liable to cumulative punishment for act abetted and for act done.C,,,,,,,,,,
63LAUSES(iii),,,,,,,,,,
6453. Liability of abettor for an effect caused by the act abetted different from that intended,,,,,,,,,,
65by the abettor.,,,,,,,,,,
6654. Abettor present when offence is committed.,,,,,,,,,,
6755. Abetment of offence punishable with death or imprisonment for life.,,,,,,,,,,
6856. Abetment of offence punishable with imprisonment.57. Abetting commission of offence by the public or by more than ten persons.58. Concealing design to commit offence punishable with death or imprisonment for,,,,,,,,,,
69life.,,,,,,,,,,
7059. Public servant concealing design to commit offence which it is his duty to prevent.60. Concealing design to commit offence punishable with imprisonment.,,,,,,,,,,
71Of  Criminal Conspiracy,,,,,,,,,,
7261. Criminal conspiracy.,,,,,,,,,,
73Of  Attempt,,,,,,,,,,
7462. Punishment for attempting to commit offences punishable with imprisonment for,,,,,,,,,,
75life or other imprisonment.,,,,,,,,,,
76CHAPTER V,,,,,,,,,,
77O,,,,,,,,,,
78F OFFENCES  AGAINST  W OMAN  AND CHILDREN,,,,,,,,,,
79Of  Sexual offences,,,,,,,,,,
8063. Rape.64. Punishment for rape.65. Punishment for rape in certain cases.,,,,,,,,,,
8166. Punishment for causing death or resulting in persistent vegetative state of victim.,,,,,,,,,,
8267. Sexual intercourse by husband upon his wife during separation or by a person in,,,,,,,,,,
83authority.,,,,,,,,,,
8468. Sexual intercourse by a person in authority.69. Sexual intercourse by employing deceitful means etc.70. Gang rape.71. Punishment for repeat offenders.,,,,,,,,,,
85"72. Disclosure of identity of the victim of certain offences, etc.",,,,,,,,,,
86Of criminal force and assault against women,,,,,,,,,,
8773. Assault or criminal force to woman with intent to outrage her modesty.,,,,,,,,,,
8874. Sexual harassment and punishment for sexual harassment.75. Assault or use of criminal force to woman with intent to disrobe.,,,,,,,,,,
8976. Voyeurism.,,,,,,,,,,
90"77. Stalking.78. Word, gesture or act intended to insult the modesty of a woman.",,,,,,,,,,
91Of  offences relating to marriage,,,,,,,,,,
9279. Dowry death.,,,,,,,,,,
9380. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.C,,,,,,,,,,
94LAUSES(iv),,,,,,,,,,
9581. Marrying again during lifetime of husband or wife.,,,,,,,,,,
96"82. Marriage ceremony fraudulently gone through without lawful marriage.83. Enticing or taking away or detaining with criminal intent a married woman.84. Husband or relative of husband of a woman subjecting her to cruelty.85. Kidnapping, abducting or inducing woman to compel her marriage, etc.",,,,,,,,,,
97"Of  the causing of miscarriage, etc.",,,,,,,,,,
9886. Causing miscarriage.87. Causing miscarriage without woman’s consent.88. Death caused by act done with intent to cause miscarriage.89. Act done with intent to prevent child being born alive or to cause it to die after birth.90. Causing death of quick unborn child by act amounting to culpable homicide.,,,,,,,,,,
99Of  offences against children,,,,,,,,,,
100"91. Exposure and abandonment of child under twelve years, by parent or person having",,,,,,,,,,
101care of it.,,,,,,,,,,
102"92. Concealment of birth by secret disposal of dead body.93. Hiring, employing or engaging a child to commit an offence.94. Procuration of child.",,,,,,,,,,
10395. Kidnapping or abducting child under ten years with intent to steal from its person.,,,,,,,,,,
104"96. Selling child for purposes of prostitution, etc.97. Buying child for purposes of prostitution, etc.",,,,,,,,,,
105CHAPTER VI,,,,,,,,,,
106O,,,,,,,,,,
107F OFFENCES  AFFECTING  THE  H UMAN  BODY,,,,,,,,,,
108Of  offences affecting life,,,,,,,,,,
10998. Culpable homicide.99. Murder.100.Culpable homicide by causing death of person other than person whose death was,,,,,,,,,,
110intended.,,,,,,,,,,
111101.Punishment for murder.,,,,,,,,,,
112102.Punishment for murder by life-convict.,,,,,,,,,,
113103.Punishment for culpable homicide not amounting to murder.,,,,,,,,,,
114104.Causing death by negligence.,,,,,,,,,,
115105.Abetment of suicide of child or person with mental illness .,,,,,,,,,,
116106. Abetment of suicide.,,,,,,,,,,
117107. Attempt to murder.,,,,,,,,,,
118108. Attempt to commit culpable homicide.,,,,,,,,,,
119109. Organised crime.C,,,,,,,,,,
120LAUSES(v),,,,,,,,,,
121110. Petty organised crime or organised in general.,,,,,,,,,,
122111. Offence of terrorist act.,,,,,,,,,,
123Of  hurt,,,,,,,,,,
124112. Hurt.,,,,,,,,,,
125113. V oluntarily causing hurt.,,,,,,,,,,
126114. Grievous hurt.,,,,,,,,,,
127115. V oluntarily causing grievous hurt.,,,,,,,,,,
128116. V oluntarily causing hurt or grievous hurt by dangerous weapons or means.,,,,,,,,,,
129"117. V oluntarily causing hurt or grievous hurt to extort property, or to constrain to an",,,,,,,,,,
130illegal to an act.,,,,,,,,,,
131"118. V oluntarily causing hurt or grievous hurt to extort confession, or to compel",,,,,,,,,,
132restoration of property.,,,,,,,,,,
133119. V oluntarily causing hurt or grievous hurt to deter public servant from his duty.,,,,,,,,,,
134120. V oluntarily causing hurt or grievous hurt on provocation .,,,,,,,,,,
135"121. Causing hurt by means of poison, etc., with intent to commit an offence.",,,,,,,,,,
136"122. V oluntarily causing grievous hurt by use of acid, etc.",,,,,,,,,,
137123. Act endangering life or personal safety of others.,,,,,,,,,,
138124. W rongful restraint.,,,,,,,,,,
139125. W rongful confinement.,,,,,,,,,,
140Of  Criminal Force and Assault,,,,,,,,,,
141126. Force.,,,,,,,,,,
142127. Criminal force.,,,,,,,,,,
143128. Assault.,,,,,,,,,,
144129. Punishment for assault or criminal force otherwise than on grave provocation.,,,,,,,,,,
145130. Assault or criminal force to deter public servant from discharge of his duty.,,,,,,,,,,
146"131. Assault or criminal force with intent to dishonor person, otherwise than on grave",,,,,,,,,,
147provocation.,,,,,,,,,,
148132. Assault or criminal force in attempt to commit theft of property carried by a person.,,,,,,,,,,
149133. Assault or criminal force in attempt wrongfully to confine a person.,,,,,,,,,,
150134. Assault or criminal force on grave provocation.,,,,,,,,,,
151"Of  Kidnapping, Abduction, Slavery and Forced Labour",,,,,,,,,,
152135. Kidnapping.,,,,,,,,,,
153136. Abduction.,,,,,,,,,,
154137. Kidnapping or maiming a child for purposes of begging.,,,,,,,,,,
155138. Kidnapping or abducting in order to murder or for ransom etc.,,,,,,,,,,
156139. Importation of girl or boy from foreign country.,,,,,,,,,,
157"140. W rongfully concealing or keeping in confinement, kidnapped or abducted person .",,,,,,,,,,
158141. Trafficking of person.,,,,,,,,,,
159142. Exploitation of a trafficked person .CLAUSES(vi),,,,,,,,,,
160143. Habitual dealing in slaves.,,,,,,,,,,
161144. Unlawful compulsory labour.,,,,,,,,,,
162CHAPTER VII,,,,,,,,,,
163OF OFFENCES  AGAINST  THE STATE,,,,,,,,,,
164"145. W aging, or attempting to wage war, or abetting waging of war, against the",,,,,,,,,,
165Government of India.,,,,,,,,,,
166146. Conspiracy to commit offences punishable by section 145.,,,,,,,,,,
167"147. Collecting arms, etc., with intention of waging war against the Government of",,,,,,,,,,
168India.,,,,,,,,,,
169148. Concealing with intent to facilitate design to wage war.,,,,,,,,,,
170"149. Assaulting President, Governor, etc ., with intent to compel or restrain the exercise",,,,,,,,,,
171of any lawful power.,,,,,,,,,,
172150. Acts endangering  sovereignty unity and integrity of India.,,,,,,,,,,
173151. Waging war against Gov ernment of any foreign State at peace with the Government,,,,,,,,,,
174of India.,,,,,,,,,,
175152. Committing depredation on territories of foreign State at peace with the Government,,,,,,,,,,
176of India.,,,,,,,,,,
177153. Receiving property taken by war or depredation mentioned in sections 153 and,,,,,,,,,,
178154,,,,,,,,,,
179154. Public servant voluntarily allowing prisoner of state or war to escape.,,,,,,,,,,
180155. Public servant negligently suffering such prisoner to escape.,,,,,,,,,,
181"156. Aiding escape of, rescuing or harbouring such prisoner.",,,,,,,,,,
182CHAPTER VIII,,,,,,,,,,
183"OF OFFENCES  RELATING  TO THE ARMY, N AV Y AND AIR FORCE",,,,,,,,,,
184"157. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.",,,,,,,,,,
185"158. Abetment of mutiny, if mutiny is committed in consequence thereof.",,,,,,,,,,
186"159. Abetment of assault by soldier, sailor or airman on his superior officer, when in",,,,,,,,,,
187execution of his office.,,,,,,,,,,
188"160. Abetment of such assault, if the assault committed.",,,,,,,,,,
189"161. Abetment of desertion of soldier, sailor or airman.",,,,,,,,,,
190162. Harbouring deserter.,,,,,,,,,,
191163. Deserter concealed on board merchant vessel through negligence of master.,,,,,,,,,,
192"164. Abetment of act of insubordination by soldier, sailor or airman.",,,,,,,,,,
193165. Persons subject to certain Acts.,,,,,,,,,,
194"166. W earing garb or carrying token used by soldier, sailor or airman.",,,,,,,,,,
195CHAPTER IX,,,,,,,,,,
196OF OFFENCES  RELATING  TO ELECTIONS,,,,,,,,,,
197"167. Candidate, electoral right defined.",,,,,,,,,,
198168. Bribery.,,,,,,,,,,
199169. Undue influence at elections.CLAUSES(vii),,,,,,,,,,
200170. Personation at elections.,,,,,,,,,,
201171. Punishment for bribery.,,,,,,,,,,
202172. Punishment for undue influence or personation at an election.,,,,,,,,,,
203173. False statement in connection with an election.,,,,,,,,,,
204174. Illegal payments in connection with an election.,,,,,,,,,,
205175. Failure to keep election accounts.,,,,,,,,,,
206CHAPTER X,,,,,,,,,,
207"OF OFFENCES  RELATING  TO COIN, CURRENCY  NOTES, BANK NOTES, AND",,,,,,,,,,
208GOVERNMENT  STAMPS,,,,,,,,,,
209"176. Counterfeiting coin, government stamps, currency-notes or bank-notes.",,,,,,,,,,
210"177. Using as genuine, forged or counterfeit coin, Government stamp, currency-notes",,,,,,,,,,
211or bank notes.,,,,,,,,,,
212"178. Possession of forged or counterfeit coin, Government stamp, currency-notes or",,,,,,,,,,
213bank-notes.,,,,,,,,,,
214"179. Making or possessing instruments or materials for forging or counterfeiting coin,",,,,,,,,,,
215"Government stamp, currency notes or bank-notes.",,,,,,,,,,
216180. Making or using documents resembling currency-notes or bank-notes.,,,,,,,,,,
217"181. Effacing writing from substance bearing Government stamp, or removing from",,,,,,,,,,
218"document a stamp used for it, with intent to cause loss to Government.",,,,,,,,,,
219182. Using Government stamp known to have been before used.,,,,,,,,,,
220183. Erasure of mark denoting that stamp has been used.,,,,,,,,,,
221184. Prohibition of fictitious stamps.,,,,,,,,,,
222185. Person employed in mint causing coin to be of different weight or composition,,,,,,,,,,
223from that fixed by law.,,,,,,,,,,
224186. Unlawfully taking coining instrument from mint.,,,,,,,,,,
225CHAPTER XI,,,,,,,,,,
226OF OFFENCES  AGAINST  THE PUBLIC  TRANQUILLITY,,,,,,,,,,
227187. Unlawful assembly.,,,,,,,,,,
228188. Every member of unlawful assembly guilty of offence committed in prosecution of,,,,,,,,,,
229common object.,,,,,,,,,,
230189. Rioting.,,,,,,,,,,
231190. W antonly giving provocation with intent to cause riot- if rioting be committed; if,,,,,,,,,,
232not committed.,,,,,,,,,,
233"191. Liability of owner, occupier etc., of land on which an unlawful assembly or riot",,,,,,,,,,
234takes place.,,,,,,,,,,
235192. Af fray.,,,,,,,,,,
236"193. Assaulting or obstructing public servant when suppressing riot, etc.",,,,,,,,,,
237"194. Promoting enmity between different groups on ground of religion, race, place of",,,,,,,,,,
238"birth, residence, language, etc., and doing acts prejudicial to maintenance ofharmony.",,,,,,,,,,
239"195. Imputations, assertions prejudicial to national integration.C",,,,,,,,,,
240LAUSES(viii),,,,,,,,,,
241CHAPTER XII,,,,,,,,,,
242OF OFFENCES  BY OR RELA TING  TO PUBLIC  SERV ANTS,,,,,,,,,,
243CLAUSES,,,,,,,,,,
244"196. Public servant disobeying law, with intent to cause injury to any person.",,,,,,,,,,
245197. Public servant disobeying direction under law.,,,,,,,,,,
246198. Punishment for non-treatment of victim.,,,,,,,,,,
247199. Public servant framing an incorrect document with intent to cause injury.,,,,,,,,,,
248200. Public servant unlawfully engaging in trade.,,,,,,,,,,
249201. Public servant unlawfully buying or bidding for property.,,,,,,,,,,
250202. Personating a public servant .,,,,,,,,,,
251203. W earing garb or carrying token used by public servant with fraudulent intent.,,,,,,,,,,
252CHAPTER XIII,,,,,,,,,,
253OF CONTEMPTS  OF THE LAWFUL  AUTHORITY  OF PUBLIC  SERV ANTS,,,,,,,,,,
254204. Absconding to avoid service of summons or other proceeding.,,,,,,,,,,
255"205. Preventing service of summons or other proceeding, or preventing publication",,,,,,,,,,
256thereof.,,,,,,,,,,
257206. Non-attendance in obedience to an order from public servant.,,,,,,,,,,
258207. Non-appearance in response to a proclamation under section 82 of Act __ of 2023.,,,,,,,,,,
259208. Omission to produce document to public servant by person legally bound to,,,,,,,,,,
260produce it.,,,,,,,,,,
261209. Omission to give notice or information to public servant by person legally bound,,,,,,,,,,
262to give it .,,,,,,,,,,
263210. Furnishing false information.,,,,,,,,,,
264211. Refusing oath or affirmation when duly required by public servant to make it.,,,,,,,,,,
265212. Refusing to answer public servant authorised to question.,,,,,,,,,,
266213. Refusing to sign statement.,,,,,,,,,,
267214. False statement on oath or affirmation to public servant or person authorised to,,,,,,,,,,
268administer an oath or affirmation.,,,,,,,,,,
269"215. False information, with intent to cause public servant to use his lawful power to",,,,,,,,,,
270the injury of another person .,,,,,,,,,,
271216. Resistance to the taking of property by the lawful authority of a public servant.,,,,,,,,,,
272217. Obstructing sale of property offered for sale by authority of public servant.,,,,,,,,,,
273218. Illegal purchase or bid for property offered for sale by authority of public servant.,,,,,,,,,,
274219. Obstructing public servant in discharge of public functions.,,,,,,,,,,
275220. Omission to assist public servant when bound by law to give assistance.,,,,,,,,,,
276221. Disobedience to order duly promulgated by public servant.,,,,,,,,,,
277222. Threat of injury to public servant.,,,,,,,,,,
278223. Threat of injury to induce person to refrain from applying for protection to public,,,,,,,,,,
279servant.,,,,,,,,,,
280224. Attempt to commit suicide to compel or restraint exercise of lawful power.(ix),,,,,,,,,,
281CHAPTER XIV,,,,,,,,,,
282OF FALSE EVIDENCEAND  OFFENCES  AGAINST  PUBLIC  JUSTICE,,,,,,,,,,
283CLAUSES,,,,,,,,,,
284225. Giving false evidence.,,,,,,,,,,
285226. Fabricating false evidence.,,,,,,,,,,
286227. Punishment for false evidence.,,,,,,,,,,
287228. Giving or fabricating false evidence with intent to procure conviction of capital,,,,,,,,,,
288offence.,,,,,,,,,,
289229. Giving or fabricating false evidence with intent to procure conviction of offence,,,,,,,,,,
290punishable with imprisonment for life or imprisonment.,,,,,,,,,,
291230. Threatening any person to give false evidence.,,,,,,,,,,
292231. Using evidence known to be false.,,,,,,,,,,
293232. Issuing or signing false certificate.,,,,,,,,,,
294233. Using as true a certificate known to be false.,,,,,,,,,,
295234. False statement made in declaration which is by law receivable as evidence.,,,,,,,,,,
296235. Using as true such declaration knowing it to be false.,,,,,,,,,,
297"236. Causing disappearance of evidence of offence, or giving false information to",,,,,,,,,,
298screen offender.,,,,,,,,,,
299237. Intentional omission to give information of offence by person bound to inform .,,,,,,,,,,
300238. Giving false information respecting an offence committed.,,,,,,,,,,
301239. Destruction of document to prevent its production as evidence.,,,,,,,,,,
302240. False personation for purpose of act or proceeding in suit or prosecution.,,,,,,,,,,
303241. Fraudulent removal or concealment of property to prevent its seizure as forfeited,,,,,,,,,,
304or in execution.,,,,,,,,,,
305242. Fraudulent claim to property to prevent its seizure as forfeited or in execution.,,,,,,,,,,
306243. Fraudulently suffering decree for sum not due.,,,,,,,,,,
307244. Dishonestly making false claim in Court.,,,,,,,,,,
308245. Fraudulently obtaining decree for sum not due.,,,,,,,,,,
309246. False charge of offence made with intent to injure.,,,,,,,,,,
310247. Harbouring offender.,,,,,,,,,,
311"248. T aking gift, etc., to screen an offender from punishment.",,,,,,,,,,
312249. Of fering gift or restoration of property in consideration of screening offender.,,,,,,,,,,
313"250. T aking gift to help to recover stolen property, etc.",,,,,,,,,,
314251. Harbouring offender who has escaped from custody or whose apprehension has,,,,,,,,,,
315been ordered.,,,,,,,,,,
316252. Penalty for harbouring robbers or dacoits.,,,,,,,,,,
317253. Public servant disobeying direction of law with intent to save person from,,,,,,,,,,
318punishment or property from forfeiture.,,,,,,,,,,
319254. Public servant framing incorrect record or writing with intent to save person from,,,,,,,,,,
320punishment or property from forfeiture.(x),,,,,,,,,,
321"255. Public servant in judicial proceeding corruptly making report, etc., contrary to law.",,,,,,,,,,
322256. Commitment for trial or confinement by person having authority who knows that,,,,,,,,,,
323he is acting contrary to law.,,,,,,,,,,
324257. Intentional omission to apprehend on the part of public servant bound to,,,,,,,,,,
325apprehend.,,,,,,,,,,
326258. Intentional omission to apprehend on the part of public servant bound to,,,,,,,,,,
327apprehend person under sentence or lawfully committed.,,,,,,,,,,
328259. Escape from confinement or custody negligently suffered by public servant.,,,,,,,,,,
329260. Resistance or obstruction by a person to his lawful apprehension.,,,,,,,,,,
330261. Resistance or obstruction to lawful apprehension of another person.,,,,,,,,,,
331"262. Omission to apprehend, or sufferance of escape, on part of public servant, in",,,,,,,,,,
332"cases not otherwise, provided for.",,,,,,,,,,
333263. Resistance or obstruction to lawful apprehension or escape or rescue in cases not,,,,,,,,,,
334otherwise provided for.,,,,,,,,,,
335264. V iolation of condition of remission of punishment.,,,,,,,,,,
336265. Intentional insult or interruption to public servant sitting in judicial proceeding.,,,,,,,,,,
337266. Personation of an assessor.,,,,,,,,,,
338267. Failure by person released on bail or bond to appear in court.,,,,,,,,,,
339CHAPTER XV,,,,,,,,,,
340"OF OFFENCES  AFFECTING  THE PUBLIC  HEALTH , SAFETY , CONVENIENCE ,",,,,,,,,,,
341DECENCY  AND M ORALS,,,,,,,,,,
342268. Public nuisance.,,,,,,,,,,
343269. Negligent act likely to spread infection of disease dangerous to life.,,,,,,,,,,
344270. Malignant act likely to spread infection of disease dangerous to life.,,,,,,,,,,
345271. Disobedience to quarantine rule.,,,,,,,,,,
346272. Adulteration of food or drink intended for sale.,,,,,,,,,,
347273. Sale of noxious food or drink.,,,,,,,,,,
348274. Adulteration of drugs.,,,,,,,,,,
349275. Sale of a dulterated drugs.,,,,,,,,,,
350276. Sale of drug as a different drug or preparation.,,,,,,,,,,
351277. Fouling water of public spring or reservoir.,,,,,,,,,,
352278. Making atmosphere noxious to health.,,,,,,,,,,
353279. Rash driving or riding on a public way.,,,,,,,,,,
354280. Rash navigation of vessel.,,,,,,,,,,
355"281. Exhibition of false light, mark or buoy.",,,,,,,,,,
356282. Conveying person by water for hire in unsafe or overloaded vessel.,,,,,,,,,,
357283. Danger or obstruction in public way or line of navigation.,,,,,,,,,,
358284. Negligent conduct with respect to poisonous substance.CLAUSES(xi),,,,,,,,,,
359285. Negligent conduct with respect to fire or combustible matter.,,,,,,,,,,
360286. Negligent conduct with respect to explosive substance.,,,,,,,,,,
361287. Negligent conduct with respect to machinery.,,,,,,,,,,
362"288. Negligent conduct with respect to pulling down, repairing or constructing buildings",,,,,,,,,,
363etc.,,,,,,,,,,
364289. Negligent conduct with respect to animal.,,,,,,,,,,
365290. Punishment for public nuisance in cases not otherwise provided for.,,,,,,,,,,
366291. Continuance of nuisance after injunction to discontinue.,,,,,,,,,,
367"292. Sale, etc., of obscene books, etc.",,,,,,,,,,
368"293. Sale, etc., of obscene objects to  child .",,,,,,,,,,
369294. Obscene acts and songs.,,,,,,,,,,
370295. Keeping lottery office.,,,,,,,,,,
371CHAPTER XVI,,,,,,,,,,
372OF OFFENCES  RELATING  TO RELIGION,,,,,,,,,,
373"296. Injuring or defiling place of worship, with intent to insult the religion of any class.",,,,,,,,,,
374"297. Deliberate and malicious acts, intended to outrage religious feelings of any class",,,,,,,,,,
375by insulting its religion or religious beliefs.,,,,,,,,,,
376298. Disturbing religious assembly.,,,,,,,,,,
377"299. Trespassing on burial places, etc.",,,,,,,,,,
378"300. Uttering words, etc., with deliberate intent to wound religious feelings.",,,,,,,,,,
379CHAPTER XVII,,,,,,,,,,
380OF OFFENCES  AGAINST  PROPERTY,,,,,,,,,,
381301. Theft.,,,,,,,,,,
382302. Snatching.,,,,,,,,,,
383"303. Theft in a dwelling house, or means of transportation or place of worship, etc.",,,,,,,,,,
384304. Theft by clerk or servant of property in possession of master.,,,,,,,,,,
385"305. Theft after preparation made for causing death, hurt or restraint in order to the",,,,,,,,,,
386committing of theft.,,,,,,,,,,
387Of  extortion,,,,,,,,,,
388306. Extortion.,,,,,,,,,,
389Of  Robbery and Dacoity,,,,,,,,,,
390307. Robbery.,,,,,,,,,,
391308. Dacoity.,,,,,,,,,,
392"309. Robbery, or dacoity, with attempt to cause death or grievous hurt.",,,,,,,,,,
393310. Attempt to commit robbery or dacoity when armed with deadly weapon.,,,,,,,,,,
394"311. Punishment for belonging to gang of robbers, dacoits, etc.CLAUSES(xii)",,,,,,,,,,
395Of  Criminal Misappropriation of Property,,,,,,,,,,
396CLAUSES,,,,,,,,,,
397312. Dishonest misappropriation of property.,,,,,,,,,,
398313. Dishonest misappropriation of property possessed by deceased person at the,,,,,,,,,,
399time of his death.,,,,,,,,,,
400Of  Criminal Breach of Trust,,,,,,,,,,
401314. Criminal breach of trust.,,,,,,,,,,
402Of  the Receiving of Stolen Property,,,,,,,,,,
403315. S tolen property.,,,,,,,,,,
404Of  Cheating,,,,,,,,,,
405316. Cheating.,,,,,,,,,,
406317. Cheating by personation.,,,,,,,,,,
407Of  Fraudulent Deeds and Dispositions of Property,,,,,,,,,,
408318. Dishonest or fraudulent removal or concealment of property to prevent distribution,,,,,,,,,,
409among creditors.,,,,,,,,,,
410319. Dishonestly or fraudulently preventing debt being available for creditors.,,,,,,,,,,
411320. Dishonest or fraudulent execution of deed of transfer containing false statement,,,,,,,,,,
412of consideration.,,,,,,,,,,
413321. Dishonest or fraudulent removal or concealment of property.,,,,,,,,,,
414Of  Mischief,,,,,,,,,,
415322. Mischief.,,,,,,,,,,
416323. Mischief by killing or maiming animal.,,,,,,,,,,
417"324. Mischief by injury, inundation, fire or explosive substance, etc.",,,,,,,,,,
418"325. Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one",,,,,,,,,,
419of twenty tons burden.,,,,,,,,,,
420326. Punishment for intentionally running vessel aground or ashore with intent to,,,,,,,,,,
421"commit theft, etc.",,,,,,,,,,
422Of  Criminal Trespass,,,,,,,,,,
423327. Criminal trespass and house-trespass.,,,,,,,,,,
424328. House-trespass and house-breaking.,,,,,,,,,,
425329. Punishment for house-trespass or house breaking .,,,,,,,,,,
426330. House-trespass in order to commit offence.,,,,,,,,,,
427"331. House-trespass after preparation for hurt, assault or wrongful restraint.",,,,,,,,,,
428332. Dishonestly breaking open receptacle containing property.,,,,,,,,,,
429CHAPTER XVIII,,,,,,,,,,
430OF OFFENCES  RELATING  TO DOCUMENTS  AND TO PROPERTY  M ARKS,,,,,,,,,,
431333. Making a false document.,,,,,,,,,,
432334. For gery.(xiii),,,,,,,,,,
433"335. For gery of record of Court or of public register, etc.",,,,,,,,,,
434"336. For gery of valuable security, will, etc .",,,,,,,,,,
435"337. Having possession of document described in section  335 or 336, knowing it to be",,,,,,,,,,
436forged and intending to use it as genuine.,,,,,,,,,,
437338. Forged document or electronic record and using it as genuine.,,,,,,,,,,
438"339. Making or possessing counterfeit seal, etc ., with intent to commit forgery",,,,,,,,,,
439punishable under section 336.,,,,,,,,,,
440340. Counterfeiting device or mark used for authenticating documents described in,,,,,,,,,,
441"section 336, or possessing counterfeit marked material .",,,,,,,,,,
442"341. Fraudulent cancellation, destruction, etc. , of will, authority to adopt, or valuable",,,,,,,,,,
443security.,,,,,,,,,,
444342. Falsification of accounts.,,,,,,,,,,
445Of  Property Marks,,,,,,,,,,
446343. Property mark.,,,,,,,,,,
447344. T ampering with property mark with intent to cause injury.,,,,,,,,,,
448345. Counterfeiting a property mark.,,,,,,,,,,
449346. Making or possession of any instrument for counterfeiting a property mark.,,,,,,,,,,
450347. Selling goods marked with a counterfeit property mark.,,,,,,,,,,
451348. Making a false mark upon any receptacle containing goods .,,,,,,,,,,
452CHAPTER XIX,,,,,,,,,,
453"OF CRIMINAL  INTIMIDATION , INSULT , A NNOYANCE , D EFAMATION , ETC.",,,,,,,,,,
454349. Criminal intimidation.,,,,,,,,,,
455350. Intentional insult with intent to provoke breach of peace.,,,,,,,,,,
456351. Statements conducing to public mischief.,,,,,,,,,,
457352. Act caused by inducing person to believe that he will be rendered an object of the,,,,,,,,,,
458Divine displeasure.,,,,,,,,,,
459353. Misconduct in public by a drunken person.,,,,,,,,,,
460Of  Defamation,,,,,,,,,,
461354. Defamation.,,,,,,,,,,
462Of breach of contract to attend on and supply wants of helpless person.355. Breach of contract to attend on and supply wants of helpless person.,,,,,,,,,,
463356. Repeal and savings.C,,,,,,,,,,
464LAUSES1,,,,,,,,,,
465"THE  BHARATIYA   NYAYA  SANHITA,  2023",,,,,,,,,,
466A,,,,,,,,,,
467BILL,,,,,,,,,,
468to consolidate and amend the provisions relating to offences and  for matters connected,,,,,,,,,,
469therewith or incidental thereto.,,,,,,,,,,
470BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as,,,,,,,,,,
471follows:––,,,,,,,,,,
472CHAPTER I,,,,,,,,,,
473PRELIMINARY,,,,,,,,,,
474"1. (1) This Act may be called the Bharatiya Nyaya Sanhita, 2023.",,,,,,,,,,
475"(2) It shall come into force on such date as the Central Government may, by notification",,,,,,,,,,
476"in the Official Gazette, appoint, and different dates may be appointed for different provisionsof the Sanhita.Short title,commencementandapplication.AS INTRODUCED  IN LOK SABHA",,,,,,,,,,
477Bill No. 121 of 2023,,,,,,,,,,
47852,,,,,,,,,,
479(3) Every person shall be liable to punishment under this Sanhita and not otherwise for,,,,,,,,,,
480"every act or omission contrary to the provisions thereof, of which he shall be guilty withinIndia.",,,,,,,,,,
481"(4) Any person liable, by any law for the time being in force in India, to be tried for an",,,,,,,,,,
482offence committed beyond India shall be dealt with according to the provisions of thisSanhita for any act committed beyond India in the same manner as if such act had beencommitted within India.,,,,,,,,,,
483(5) The provisions of this Sanhita apply also to any offence committed by—,,,,,,,,,,
484(a) any citizen of India in any place without and beyond India;,,,,,,,,,,
485(b) any person on any ship or aircraft registered in India wherever it may be;,,,,,,,,,,
486(c) any person in any place without and beyond India committing offence targeting,,,,,,,,,,
487a computer resource located in India.,,,,,,,,,,
488Explanation.— In this section the word “offence” includes every act committed outside,,,,,,,,,,
489"India which, if committed in India, would be punishable under this Sanhita.",,,,,,,,,,
490Illustration.,,,,,,,,,,
491"A, who is a citizen of India, commits a murder in any place without and beyond India,",,,,,,,,,,
492he can be tried and convicted of murder in any place in India in which he may be found.,,,,,,,,,,
493(6) Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny,,,,,,,,,,
494"and desertion of officers, soldiers, sailors or airmen in the service of the Government of Indiaor the provisions of any special or local law.",,,,,,,,,,
495"2. In this Sanhita unless the context otherwise requires,––",,,,,,,,,,
496(1) “act” as well a series of acts as a single act;,,,,,,,,,,
497"(2) “animal” means any living creature, other than a human being;",,,,,,,,,,
498(3) “counterfeit”.––A person is said to “counterfeit” who causes one   thing to,,,,,,,,,,
499"resemble another thing, intending by means of that resemblance to practice deception,or knowing it to be likely that deception will thereby be proctised.",,,,,,,,,,
500Explanation 1.—It is not essential to counterfeiting that the imitation should be exact.,,,,,,,,,,
501"Explanation 2.—When a person causes one thing to resemble another thing, and the",,,,,,,,,,
502"resemblance is such that a person might be deceived thereby, it shall be presumed, until thecontrary is proved, that the person so causing the one thing to resemble the other thingintended by means of that resemblance to practise deception or knew it to be likely thatdeception would thereby be practised;",,,,,,,,,,
503"(4) “Court” means a Judge who is empowered by law to act judicially alone, or a",,,,,,,,,,
504"body of Judges, which is empowered by law to act judicially as a body, when suchJudge or body of Judges is acting judicially;",,,,,,,,,,
505(5) “death” means the death of a human being unless the contrary appears from,,,,,,,,,,
506the context;,,,,,,,,,,
507(6) “dishonestly” means doing of an act with the intention of   causing wrongful,,,,,,,,,,
508gain to one person or wrongful loss to another person;,,,,,,,,,,
509(7) “document” means any matter expressed or described upon any substance,,,,,,,,,,
510"by means of letters, figures or marks, or by more than one of those means, intended tobe used, or which may be used, as evidence of that matter.",,,,,,,,,,
511"Explanation 1.—It is immaterial by what means or upon what substance the letters,",,,,,,,,,,
512"figures or marks are formed, or whether the evidence is intended for, or may be used in aCourt or not.Definitions.5",,,,,,,,,,
51310,,,,,,,,,,
51415,,,,,,,,,,
51520,,,,,,,,,,
51625,,,,,,,,,,
51730,,,,,,,,,,
51835,,,,,,,,,,
51940,,,,,,,,,,
520453,,,,,,,,,,
521Illustrations.,,,,,,,,,,
522"(a) A writing expressing the terms of a contract, which may be used as evidence",,,,,,,,,,
523"of the contract, is a document.",,,,,,,,,,
524(b) A cheque upon a banker is a document.,,,,,,,,,,
525(c) A power-of-attorney is a document.,,,,,,,,,,
526(d) A Map or plan which is intended to be used or which may be used as,,,,,,,,,,
527"evidence, is a document.",,,,,,,,,,
528(e) A writing containing directions or instructions is a document.,,,,,,,,,,
529"Explanation 2.—Whatever is expressed by means of letters, figures or marks as",,,,,,,,,,
530"explained by mercantile or other usage, shall be deemed to be expressed by suchletters, figures or marks within the meaning of this section, although the same may notbe actually expressed.",,,,,,,,,,
531Illustration.,,,,,,,,,,
532A writes his name on the back of a bill of exchange payable to his order. The,,,,,,,,,,
533"meaning of the endorsement, as explained by mercantile usage, is that the bill is to bepaid to the holder. The endorsement is a document, and shall be construed in the samemanner as if the words “pay to the holder” or words to that effect had been writtenover the signature.",,,,,,,,,,
534(8) “fraudulently”.—A person is said to do a thing fraudulently if he does that,,,,,,,,,,
535thing with intent to defraud but not otherwise.,,,,,,,,,,
536"(9) “gender”.—the pronoun “he” and its derivatives are used of any person,",,,,,,,,,,
537"whether male, female or transgender.",,,,,,,,,,
538Explanation .–– “transgender” shall have the meaning assigned to it in clause,,,,,,,,,,
539"(k) of section 2 of the Transgender Persons (Protection of Rights) Act, 2019;",,,,,,,,,,
540(10) “good faith”.—Nothing is said to be done or believed in “good faith”,,,,,,,,,,
541which is done or believed without due care and attention;,,,,,,,,,,
542(11) “Government” means the Central Government or a State Government;,,,,,,,,,,
543"(12) “harbour”.—except as otherwise provided in this Sanhita,  includes the",,,,,,,,,,
544"supplying a person with shelter, food, drink, money, clothes, arms, ammunition ormeans of conveyance, or the assisting a person by any means, whether of the samekind as those enumerated in this section or not, to evade apprehension;",,,,,,,,,,
545"(13) “injury” means any harm whatever illegally caused to any person, in body,",,,,,,,,,,
546"mind, reputation or property;",,,,,,,,,,
547(14) “illegal”- “legally bound to do”. —The word “illegal” is applicable to,,,,,,,,,,
548"everything which is an offence or which is prohibited by law, or which furnishesground for a civil action; and a person is said to be “legally bound to do” whatever itis illegal in him to omit;",,,,,,,,,,
549(15) “Judge” means a person who is officially designated as a Judge and includes,,,,,,,,,,
550"a person,––",,,,,,,,,,
551"(i) who is empowered by law to give, in any legal proceeding, civil or",,,,,,,,,,
552"criminal, a definitive judgment, or a judgment which, if not appealed against,would be definitive, or a judgment which, if confirmed by some other authority,would be definitive; or",,,,,,,,,,
553"(ii) who is one of a body or persons, which body of persons is empowered",,,,,,,,,,
554by law to give such a judgment.40 of 2019.5,,,,,,,,,,
55510,,,,,,,,,,
55615,,,,,,,,,,
55720,,,,,,,,,,
55825,,,,,,,,,,
55930,,,,,,,,,,
56035,,,,,,,,,,
56140,,,,,,,,,,
562454,,,,,,,,,,
563llustration.,,,,,,,,,,
564A Magistrate exercising jurisdiction in respect of a charge on which he has,,,,,,,,,,
565"power to sentence to fine or imprisonment, with or without appeal, is a Judge;",,,,,,,,,,
566"(16) “life”  means the life of a human being, unless the contrary appears from the",,,,,,,,,,
567context;,,,,,,,,,,
568(17) “local law” means a law applicable only to a  particular part of India;,,,,,,,,,,
569(18) “man” means male human being of any age;,,,,,,,,,,
570(19) “mental illness” shall have the meaning assigned to it in clause ( a) of,,,,,,,,,,
571"section 2 of  the Mental Healthcare Act, 2017;",,,,,,,,,,
572(20) “month” and “year”.––Wherever the word “month” or the    word “year” is,,,,,,,,,,
573"used, it is to be understood that the month or the year is to be reckoned according tothe Gregorian calendar;",,,,,,,,,,
574"(21) “movable property” includes property of every description, except land",,,,,,,,,,
575and things attached to the earth or permanently fastened to anything which is attachedto the earth;,,,,,,,,,,
576"(22) “number”. —Unless the contrary appears from the context, words importing",,,,,,,,,,
577"the singular number include the plural number, and words importing the plural numberinclude the singular number;",,,,,,,,,,
578"(23) “oath” includes a solemn affirmation substituted by law for an oath, and",,,,,,,,,,
579"any declaration required or authorised by law to be made before a public servant or tobe used for the purpose of proof, whether in a Court or not;",,,,,,,,,,
580(24) “offence”.—Except in the Chapters and sections mentioned in sub-clauses,,,,,,,,,,
581"(a) and ( b) the word “offence” means an act made punishable by this Sanhita, but––",,,,,,,,,,
582"(a) in Chapter III  and in the following sections, namely, sub-sections ( 2),",,,,,,,,,,
583"(3), (4) and ( 5) of section 8, sections 10, 46, 47, 48, 51, 53, 54, 55, 56, 57, 61, 113,",,,,,,,,,,
584"114, 117, sub-sections ( 7) and ( 8) of section 125,  217,  224,  225,  234,  242,  244,",,,,,,,,,,
585"245,  253,  254,  255,  256,  257, sub-sections ( 6) and ( 7) of section 306 and clause",,,,,,,,,,
586"(b) of section 324, the word “offence” means a thing punishable under this",,,,,,,,,,
587"Sanhita, or under any special  law or local law; and",,,,,,,,,,
588"(b) in sections 183, 205, 206, 232, 233, 243, 247 and 323 the word “offence”",,,,,,,,,,
589"shall have the same meaning when the act punishable under the special law orlocal law is punishable under such law with imprisonment for a term of six monthsor more, whether with or without fine;",,,,,,,,,,
590(25) “omission” means sigle ommission as well as a series of omissions;,,,,,,,,,,
591"(26) “person” includes any company or association or body of persons, whether",,,,,,,,,,
592incorporated or not;,,,,,,,,,,
593(27) “public” includes any class of the public or any community;,,,,,,,,,,
594"(28) “public servant” means a person falling under any of the descriptions,",,,,,,,,,,
595namely: —,,,,,,,,,,
596"(a) every commissioned officer in the Army, Navy or Air Force;",,,,,,,,,,
597"(b) every Judge including any person empowered by law to discharge,",,,,,,,,,,
598"whether by himself or as a member of any body of persons, any adjudicatoryfunctions;",,,,,,,,,,
599"(c) every officer including a liquidator, receiver or commissioner whose",,,,,,,,,,
600"duty it is, as such officer, to investigate or report on any matter of law or fact, orto make, authenticate, or keep any document, or to take charge or dispose of any10 of  2017.5",,,,,,,,,,
60110,,,,,,,,,,
60215,,,,,,,,,,
60320,,,,,,,,,,
60425,,,,,,,,,,
60530,,,,,,,,,,
60635,,,,,,,,,,
60740,,,,,,,,,,
608455,,,,,,,,,,
609"property, or to execute any judicial process, or to administer any oath, or to",,,,,,,,,,
610"interpret, or to preserve order in the Court, and every person specially authorisedto perform any of such duties;",,,,,,,,,,
611(d) every assessor or member of a panchayat assisting a Court or public,,,,,,,,,,
612servant;,,,,,,,,,,
613(e) every arbitrator or other person to whom any cause or matter has been,,,,,,,,,,
614"referred for decision or report by any Court, or by any other competent publicauthority;",,,,,,,,,,
615(f) every person who holds any office by virtue of which he is empowered,,,,,,,,,,
616to place or keep any person in confinement;,,,,,,,,,,
617"(g) every officer of the Government whose duty it is, as such officer, to",,,,,,,,,,
618"prevent offences, to give information of offences, to bring offenders to justice,or to protect the public health, safety or convenience;",,,,,,,,,,
619"(h) every officer whose duty it is as such officer, to take, receive, keep or",,,,,,,,,,
620"expend any property on behalf of the Government, or to make any survey,assessment or contract on behalf of the Government, or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniaryinterests of the Government, or to make, authenticate or keep any documentrelating to the pecuniary interests of the Government, or to prevent the infractionof any law for the protection of the pecuniary interests of the Government;",,,,,,,,,,
621"(i) every officer whose duty it is, as such officer, to take, receive, keep or",,,,,,,,,,
622"expend any property, to make any survey or assessment or to levy any rate or taxfor any secular common purpose of any village, town or district, or to make,authenticate or keep any document for the ascertaining of the rights of thepeople of any village, town or district;",,,,,,,,,,
623(j) every person who holds any office by virtue of which he is empowered,,,,,,,,,,
624"to prepare, publish, maintain or revise an electoral roll or to conduct an electionor part of an election;",,,,,,,,,,
625(k) every person—,,,,,,,,,,
626(i) in the service or pay of the Government or remunerated by fees or,,,,,,,,,,
627commission for the performance of any public duty by the Government;,,,,,,,,,,
628(ii) in the service or pay of a local authority as defined in clause ( 31),,,,,,,,,,
629"of section 3 of the General Clauses Act, 1897, a corporation established byor under a Central or State Act or a Government company as defined inclause ( 45) of section 2 of the Companies Act, 2013.",,,,,,,,,,
630Explanation.—,,,,,,,,,,
631(a) persons falling under any of the descriptions made in this clause,,,,,,,,,,
632"are public servants, whether appointed by the Government or not;",,,,,,,,,,
633(b) every person who is in actual possession of the situation of a,,,,,,,,,,
634"public servant, whatever legal defect there may be in his right to hold thatsituation is a public servant;",,,,,,,,,,
635(c)  “election” means an election for the purpose of selecting members,,,,,,,,,,
636"of any legislative, municipal or other public authority, of whatever character,the method of election to which is by, or under any law for the time beingin force.",,,,,,,,,,
637Illustration .,,,,,,,,,,
638A Municipal Commissioner is a public servant;10 of 1897.,,,,,,,,,,
63918 of 2013.5,,,,,,,,,,
64010,,,,,,,,,,
64115,,,,,,,,,,
64220,,,,,,,,,,
64325,,,,,,,,,,
64430,,,,,,,,,,
64535,,,,,,,,,,
64640,,,,,,,,,,
647456,,,,,,,,,,
648"(29) “reason to believe”.—A person is said to have “reason to believe” a thing,",,,,,,,,,,
649if he has sufficient cause to believe that thing but not otherwise;,,,,,,,,,,
650(30) “special law” means a law applicable to a particular subject;,,,,,,,,,,
651"(31) “valuable security” means a document which is, or purports to be, a",,,,,,,,,,
652"document where by any legal right is created, extended, transferred, restricted,extinguished or released, or where by any person acknowledges that he lies underlegal liability, or has not a certain legal right.",,,,,,,,,,
653Illustration.,,,,,,,,,,
654A writes his name on the back of a bill of exchange. As the effect of this,,,,,,,,,,
655"endorsement is to transfer the right to the bill to any person who may become thelawful holder of it, the endorsement is a “valuable security”;",,,,,,,,,,
656(32) “vessel” means anything made for the conveyance by water of human,,,,,,,,,,
657beings or of property;,,,,,,,,,,
658(33) “voluntarily”A person is said to cause an effect “voluntarily” when he,,,,,,,,,,
659"causes it by means whereby he intended to cause it, or by means which, at the time ofemploying those means, he knew or had reason to believe to be likely to cause it.",,,,,,,,,,
660Illustration .,,,,,,,,,,
661"A sets fire, by night, to an inhabited house in a large town, for the purpose of",,,,,,,,,,
662"facilitating a robbery and thus causes the death of a person. Here, A may not haveintended to cause death; and may even be sorry that death has been caused by his act;yet, if he knew that he was likely to cause death, he has caused death voluntarily;",,,,,,,,,,
663(34) “will” means any testamentary document;,,,,,,,,,,
664(35) “woman” means a female human being of any age;,,,,,,,,,,
665(36) “wrongful gain” means gain by unlawful means of property to which the,,,,,,,,,,
666person gaining is not legally entitled;,,,,,,,,,,
667(37)  “wrongful loss” means the loss by unlawful means of property to which the,,,,,,,,,,
668person losing it is legally entitled;,,,,,,,,,,
669"(38) “gaining wrongfully”, “losing wrongfully”.—A person is said to gain",,,,,,,,,,
670"wrongfully when such person retains wrongfully, as well as when such person acquireswrongfully. A person is said to lose wrongfully when such person is wrongfully kept outof any property, as well as when such person is wrongfully deprived of property; and",,,,,,,,,,
671(39) words and expressions used but not defined in this Sanhita but defined in,,,,,,,,,,
672"the Information Technology Act, 2000 and the  Bhartiya Nagarik Suraksha Sanhita,2023 and shall have the meanings respectively assigned to them in that Act Sanhita.",,,,,,,,,,
673"3. (1) Throughout this Sanhita every definition of an offence, every penal provision,",,,,,,,,,,
674"and every Illustration of every such definition or penal provision, shall be understoodsubject to the exceptions contained in the Chapter entitled “General Exceptions”, thoughthose exceptions are not repeated in such definition, penal provision, or Illustration.",,,,,,,,,,
675Illustration s.,,,,,,,,,,
676"(a) The sections, in this Sanhita which contain definitions of offences, do not",,,,,,,,,,
677express that a child under seven years of age cannot commit such offences; but thedefinitions are to be understood subject to the general exception which provides thatnothing shall be an offence which is done by a child under seven years of age.,,,,,,,,,,
678"(b) A, a police-officer, without warrant, apprehends Z, who has committed murder.",,,,,,,,,,
679"Here A is not guilty of the offence of wrongful confinement; for he was bound by lawto apprehend Z, and therefore the case falls within the general exception which providesthat “nothing is an offence which is done by a person who is bound by law to do it”. GeneralExplanationsandexpressions.21 of 2000.5",,,,,,,,,,
68010,,,,,,,,,,
68115,,,,,,,,,,
68220,,,,,,,,,,
68325,,,,,,,,,,
68430,,,,,,,,,,
68535,,,,,,,,,,
68640,,,,,,,,,,
687457,,,,,,,,,,
688"(2) Every expression which is explained in any Part of this Sanhita, is used in every Part",,,,,,,,,,
689of this Sanhita in conformity with the explanation.,,,,,,,,,,
690"(3) When property is in the possession of a person’s spouse, clerk or servant, on",,,,,,,,,,
691"account of that person, it is in that person’s possession within the meaning of this Sanhita.",,,,,,,,,,
692Explanation.— A person employed temporarily or on a particular occasion in the capacity,,,,,,,,,,
693"of a clerk or servant, is a clerk or servant within the meaning of this sub-section.",,,,,,,,,,
694"(4) In every Part of this Sanhita, except where a contrary intention appears from the",,,,,,,,,,
695"context, words which refer to acts done extend also to illegal omissions.",,,,,,,,,,
696(5) When a criminal act is done by several persons in furtherance of the common,,,,,,,,,,
697"intention of all, each of such persons is liable for that act in the same manner as if it were doneby him alone.",,,,,,,,,,
698"(6) Whenever an act, which is criminal only by reason of its being done with a criminal",,,,,,,,,,
699"knowledge or intention, is done by several persons, each of such persons who joins in theact with such knowledge or intention is liable for the act in the same manner as if the act weredone by him alone with that knowledge or intention.",,,,,,,,,,
700"(7) Wherever the causing of a certain effect, or an attempt to cause that effect, by an",,,,,,,,,,
701"act or by an omission, is an offence, it is to be understood that the causing of that effectpartly by an act and partly by an omission is the same offence.",,,,,,,,,,
702Illustration .,,,,,,,,,,
703"A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly",,,,,,,,,,
704by beating Z. A has committed murder.,,,,,,,,,,
705"(8) When an offence is committed by means of several acts, whoever intentionally",,,,,,,,,,
706"co-operates in the commission of that offence by doing any one of those acts, either singlyor jointly with any other person, commits that offence.",,,,,,,,,,
707Illustration s.,,,,,,,,,,
708(a) A and B agree to murder Z by severally and at different times giving him small doses,,,,,,,,,,
709"of poison. A and B administer the poison according to the agreement with intent to murder Z.Z dies from the effects the several doses of poison so administered to him. Here A and Bintentionally cooperate in the commission of murder and as each of them does an act bywhich the death is caused, they are both guilty of the offence though their acts are separate.",,,,,,,,,,
710"(b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively",,,,,,,,,,
711"for six hours at a time. A and B, intending to cause Z’s death, knowingly co-operate incausing that effect by illegally omitting, each during the time of his attendance, to furnish Zwith food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of themurder of  Z.",,,,,,,,,,
712"(c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally",,,,,,,,,,
713"omits to supply Z with food; in consequence of which Z is much reduced in strength, but thestarvation is not sufficient to cause his death. A is dismissed from his office, and B succeedshim. B, without collusion or co-operation with A, illegally omits to supply Z with food,knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder,but, as A did not co-operate with B. A is guilty only of an attempt to commit murder.",,,,,,,,,,
714(9) Where severalpersons are engaged or concerned in the commission of a criminal,,,,,,,,,,
715"act, they may be guilty of different offences by means of that act.",,,,,,,,,,
716Illustration .,,,,,,,,,,
717A attacks Z under such circumstances of grave provocation that his killing of Z would,,,,,,,,,,
718"be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending5",,,,,,,,,,
71910,,,,,,,,,,
72015,,,,,,,,,,
72120,,,,,,,,,,
72225,,,,,,,,,,
72330,,,,,,,,,,
72435,,,,,,,,,,
72540,,,,,,,,,,
726458,,,,,,,,,,
727"to kill him, and not having been subject to the provocation, assists A in killing Z. Here,",,,,,,,,,,
728"though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guiltyonly of culpable homicide.",,,,,,,,,,
729CHAPTER II,,,,,,,,,,
730O,,,,,,,,,,
731F PUNISHMENTS,,,,,,,,,,
7324. The punishments to which offenders are liable under the provisions of this Sanhita,,,,,,,,,,
733are—,,,,,,,,,,
734(a) Death;,,,,,,,,,,
735"(b) Imprisonment for life, that is to say, imprisonment for remainder of a person’s",,,,,,,,,,
736natural life;,,,,,,,,,,
737"(c) Imprisonment, which is of two descriptions, namely:—",,,,,,,,,,
738"(1) Rigorous, that is, with hard labour;",,,,,,,,,,
739(2) Simple;,,,,,,,,,,
740(d) Forfeiture of property;,,,,,,,,,,
741(e) Fine;,,,,,,,,,,
742(f) Community Service.,,,,,,,,,,
743"5. In every case in which sentence of,––",,,,,,,,,,
744"(a) death has been passed, the appropriate Government may, without the consent",,,,,,,,,,
745"of the offender, commute the punishment for any other punishment provided by thisSanhita;",,,,,,,,,,
746"(b) imprisonment for life has been passed, the appropriate Government may,",,,,,,,,,,
747"without the consent of the offender, commute the punishment for imprisonment ofeither description for a term not exceeding fourteen years.",,,,,,,,,,
748Explanation.–– For the purposes of this section expression“ appropriate Government”,,,,,,,,,,
749"means,––",,,,,,,,,,
750(a) in cases where the sentence is a sentence of death or is for an offence against,,,,,,,,,,
751"any law relating to a matter to which the executive power of the Union extends, theCentral Government; and",,,,,,,,,,
752(b) in cases where the sentence (whether of death or not) is for an offence,,,,,,,,,,
753"against any law relating to a matter to which the executive power of the State extends,the Government of the State within which the offender is sentenced.",,,,,,,,,,
754"6. In calculating fractions of terms of punishment, imprisonment for life shall be reckoned",,,,,,,,,,
755as equivalent to imprisonment for twenty years unless otherwise provided.,,,,,,,,,,
7567. In every case in which an offender is punishable with imprisonment which may be of,,,,,,,,,,
757"either description, it shall be competent to the Court which sentences such offender to directin the sentence that such imprisonment shall be wholly rigorous, or that such imprisonmentshall be wholly simple, or that any part of such imprisonment shall be rigorous and the restsimple.",,,,,,,,,,
758"8. (1) Where no sum is expressed to which a fine may extend, the amount of fine to",,,,,,,,,,
759"which the offender is liable is unlimited, but shall not be excessive.",,,,,,,,,,
760(2) In every case of an offence––,,,,,,,,,,
761"(a) punishable with imprisonment as well as fine, in which the offender is",,,,,,,,,,
762"sentenced to a fine, whether with or without imprisonment;Punishments.",,,,,,,,,,
763Commutation,,,,,,,,,,
764of sentence ofdeath orimprisonmentfor life.,,,,,,,,,,
765Fractions of,,,,,,,,,,
766terms ofpunishment.,,,,,,,,,,
767Sentence may,,,,,,,,,,
768be (in certaincases ofimprisonment)wholly orpartly rigorousor simple.,,,,,,,,,,
769Amount of,,,,,,,,,,
770"fine, liabilityin default ofpayment offine, etc.5",,,,,,,,,,
77110,,,,,,,,,,
77215,,,,,,,,,,
77320,,,,,,,,,,
77425,,,,,,,,,,
77530,,,,,,,,,,
77635,,,,,,,,,,
777409,,,,,,,,,,
778"(b) punishable with imprisonment or fine, or with fine only, in which the offender",,,,,,,,,,
779"is sentenced to a fine, it shall be competent to the Court which sentences such offenderto direct by the sentence that, in default of payment of the fine, the offender shallsuffer imprisonment for a certain term, in which imprisonment shall be in excess of anyother imprisonment to which he may have been sentenced or to which he may be liableunder a commutation of a sentence.",,,,,,,,,,
780(3)The term for which the Court directs the offender to be imprisoned in default of,,,,,,,,,,
781"payment of a fine shall not exceed one-fourth of the term of imprisonment which is themaximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.",,,,,,,,,,
782(4) The imprisonment which the Court imposes in default of payment of a fine or in,,,,,,,,,,
783default of community service may be of any description to which the offender might havebeen sentenced for the offence.,,,,,,,,,,
784"(5) If the offence is punishable with fine or community service, the imprisonment",,,,,,,,,,
785"which the Court imposes in default of payment of the fine or in default of community serviceshall be simple, and the term for which the Court directs the offender to be imprisoned, indefault of payment of fine or in default of community service, shall not exceed for any termnot exceeding,—",,,,,,,,,,
786(a) two months when the amount of the fine shall not exceed five thousand,,,,,,,,,,
787rupees; and,,,,,,,,,,
788(b) four months when the amount of the fine shall not exceed ten thousand,,,,,,,,,,
789"rupees, and for any term not exceeding one year in any other case.",,,,,,,,,,
790(6) (a)The imprisonment which is imposed in default of payment of a fine shall terminate,,,,,,,,,,
791whenever that fine is either paid or levied by process of law;,,,,,,,,,,
792"(b) If, before the expiration of the term of imprisonment fixed in default of payment,",,,,,,,,,,
793"such a proportion of the fine be paid or levied that the term of imprisonment suffered indefault of payment is not less than proportional to the part of the fine still unpaid, theimprisonment shall terminate.",,,,,,,,,,
794Illustration .,,,,,,,,,,
795A is sentenced to a fine of one thousand rupees and to four months’ imprisonment in,,,,,,,,,,
796"default of payment. Here, if seven hundred and fifty rupees of the fine be paid or leviedbefore the expiration of one month of the imprisonment, A will be discharged as soon as thefirst month has expired. If seven hundred and fifty rupees be paid or levied at the time of theexpiration of the first month, or at any later time while A continues in imprisonment, A will beimmediately discharged. If five hundred rupees of the fine be paid or levied before theexpiration of two months of the imprisonment. A will be discharged as soon as the twomonths are completed. If five hundred rupees be paid or levied at the time of the expiration ofthose two months, or at any later time while A continues in imprisonment, A will be immediatelydischarged.",,,,,,,,,,
797"(7) The fine, or any part thereof which remains unpaid, may be levied at any time within",,,,,,,,,,
798"six years after the passing of the sentence, and if, under the sentence, the offender be liableto imprisonment for a longer period than six years, then at any time previous to the expirationof that period; and the death of the offender does not discharge from the liability anyproperty which would, after his death, be legally liable for his debts.",,,,,,,,,,
799"9. (1) Where anything which is an offence is made up of parts, any of which parts is",,,,,,,,,,
800"itself an offence, the offender shall not be punished with the punishment of more than one ofsuch his offences, unless it be so expressly provided.",,,,,,,,,,
801(2) (a) Where anything is an offence falling within two or more separate definitions of,,,,,,,,,,
802any law in force for the time being by which offences are defined or punished; or,,,,,,,,,,
803"(b) Where several acts, of which one or more than one would by itself or themselves",,,,,,,,,,
804Limit of,,,,,,,,,,
805punishment ofoffence madeup of severaloffences.5,,,,,,,,,,
80610,,,,,,,,,,
80715,,,,,,,,,,
80820,,,,,,,,,,
80925,,,,,,,,,,
81030,,,,,,,,,,
81135,,,,,,,,,,
81240,,,,,,,,,,
8134510,,,,,,,,,,
814"constitute an offence, constitute, when combined, a different offence,",,,,,,,,,,
815the offender shall not be punished with a more severe punishment than the Court which tries,,,,,,,,,,
816him could award for any one of such offences.,,,,,,,,,,
817Illustration s.,,,,,,,,,,
818(a) A gives Z fifty strokes with a stick. Here A may have committed the offence of,,,,,,,,,,
819"voluntarily causing hurt to Z by the whole beating, and also by each of the blows whichmake up the whole beating. If A were liable to punishment for every blow, he might beimprisoned for fifty years, one for each blow. But he is liable only to one punishment for thewhole beating.",,,,,,,,,,
820"(b) But, if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the",,,,,,,,,,
821"blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to onepunishment for voluntarily causing hurt to Z, and to another for the blow given to Y .",,,,,,,,,,
82210. In all cases in which judgment is given that a person is guilty of one of several,,,,,,,,,,
823"offences specified in the judgment, but that it is doubtful of which of these offences he isguilty, the offender shall be punished for the offence for which the lowest punishment isprovided if the same punishment is not provided for all.",,,,,,,,,,
82411. Whenever any person is convicted of an offence for which under this Sanhita the,,,,,,,,,,
825"Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence,order that the offender shall be kept in solitary confinement for any portion or portions of theimprisonment to which he is sentenced, not exceeding three months in the whole, accordingto the following scale, namely: —",,,,,,,,,,
826(a) a time not exceeding one month if the term of imprisonment shall not exceed,,,,,,,,,,
827six months;,,,,,,,,,,
828(b) a time not exceeding two months if the term of imprisonment shall exceed six,,,,,,,,,,
829months and shall not exceed one year;,,,,,,,,,,
830(c) a time not exceeding three months if the term of imprisonment shall exceed,,,,,,,,,,
831one year.,,,,,,,,,,
832"12.  In executing a sentence of solitary confinement, such confinement shall in no case",,,,,,,,,,
833"exceed fourteen days at a time, with intervals between the periods of solitary confinement ofnot less duration than such periods; and when the imprisonment awarded shall exceed threemonths, the solitary confinement shall not exceed seven days in any one month of the wholeimprisonment awarded, with intervals between the periods of solitary confinement of notless duration than such periods.",,,,,,,,,,
834"13. Whoever, having been convicted by a Court in India, of an offence punishable",,,,,,,,,,
835"under Chapters X or Chapter XVII of this Sanhita with imprisonment of either description fora term of three years or upwards, shall be guilty of any offence punishable under either ofthose Chapters with like imprisonment for the like term, shall be subject for every suchsubsequent offence to imprisonment for life, or to imprisonment of either description for aterm which may extend to ten years.",,,,,,,,,,
836CHAPTER III,,,,,,,,,,
837G,,,,,,,,,,
838ENERAL  EXCEPTIONS,,,,,,,,,,
839"14. Nothing is an offence which is done by a person who is, or who by reason of a",,,,,,,,,,
840"mistake of fact and not by reason of a mistake of law in good faith believes himself to be,bound by law to do it.",,,,,,,,,,
841Illustration s.,,,,,,,,,,
842"(a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the",,,,,,,,,,
843"commands of the law. A has committed no offence.Punishment ofperson guiltyof one ofseveraloffences,judgmentstating that itis doubtful ofwhich.",,,,,,,,,,
844Limit of,,,,,,,,,,
845solitaryconfinement.,,,,,,,,,,
846Enhanced,,,,,,,,,,
847punishmentfor certainoffences afterpreviousconviction.,,,,,,,,,,
848Act done by a,,,,,,,,,,
849"person bound,or by mistakeof factbelievinghimself bound,by law.Solitary",,,,,,,,,,
850confinement.5,,,,,,,,,,
85110,,,,,,,,,,
85215,,,,,,,,,,
85320,,,,,,,,,,
85425,,,,,,,,,,
85530,,,,,,,,,,
85635,,,,,,,,,,
85740,,,,,,,,,,
8584511,,,,,,,,,,
859"(b) A, an officer of a Court, being ordered by that Court to arrest Y , and after due",,,,,,,,,,
860"enquiry, believing Z to be Y , arrests Z. A has committed no offence.",,,,,,,,,,
86115. Nothing is an offence which is done by a Judge when acting judicially in the,,,,,,,,,,
862"exercise of any power which is, or which in good faith he believes to be, given to him by law.",,,,,,,,,,
863"16. Nothing which is done in pursuance of, or which is warranted by the judgment or",,,,,,,,,,
864"order of, a Court; if done whilst such judgment or order remains in force, is an offence,notwithstanding the Court may have had no jurisdiction to pass such judgment or order,provided the person doing the act in good faith believes that the Court had such jurisdiction.",,,,,,,,,,
865"17. Nothing is an offence which is done by any person who is justified by law, or who",,,,,,,,,,
866"by reason of a mistake of fact and not by reason of a mistake of law in good faith, believeshimself to be justified by law, in doing it.",,,,,,,,,,
867Illustration .,,,,,,,,,,
868"A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his",,,,,,,,,,
869"judgment exerted in good faith, of the power which the law gives to all persons of apprehendingmurderers in the fact, seizes Z, in order to bring Z before the proper authorities. A hascommitted no offence, though it may turn out that Z was acting in self-defence.",,,,,,,,,,
870"18. Nothing is an offence which is done by accident or misfortune, and without any",,,,,,,,,,
871criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawfulmeans and with proper care and caution.,,,,,,,,,,
872Illustration .,,,,,,,,,,
873"A is at work with a hatchet; the head flies off and kills a man who is standing by. Here,",,,,,,,,,,
874"if there was no want of proper caution on the part of A, his act is excusable and not anoffence.",,,,,,,,,,
87519. Nothing is an offence merely by reason of its being done with the knowledge that,,,,,,,,,,
876"it is likely to cause harm, if it be done without any criminal intention to cause harm, and ingood faith for the purpose of preventing or avoiding other harm to person or property.",,,,,,,,,,
877Explanation. — It is a question of fact in such a case whether the harm to be prevented,,,,,,,,,,
878or avoided was of such a nature and so imminent as to justify or excuse the risk of doing theact with the knowledge that it was likely to cause harm.,,,,,,,,,,
879Illustration s.,,,,,,,,,,
880" (a) A, the captain of a vessel, suddenly, and without any fault or negligence on his",,,,,,,,,,
881"part, finds himself in such a position that, before he can stop his vessel, he must inevitablyrun down a boat B, with twenty or thirty passengers on board, unless he changes the courseof his vessel, and that, by changing his course, he must incur risk of running down a boat Cwith only two passengers on board, which he may possibly clear. Here, if A alters his coursewithout any intention to run down the boat C and in good faith for the purpose of avoidingthe danger to the passengers in the boat B, he is not guilty of an offence, though he may rundown the boat C by doing an act which he knew was likely to cause that effect, if it be foundas a matter of fact that the danger which he intended to avoid was such as to excuse him inincurring the risk of running down the boat C.",,,,,,,,,,
882"(b) A, in a great fire, pulls down houses in order to prevent the conflagration from",,,,,,,,,,
883"spreading. He does this with the intention in good faith of saving human life or property.Here, if it be found that the harm to be prevented was of such a nature and so imminent as toexcuse A’s act, A is not guilty of the offence.Act of Judgewhen actingjudicially.",,,,,,,,,,
884Act done,,,,,,,,,,
885pursuant tojudgment ororder ofCourt.,,,,,,,,,,
886Act done by a,,,,,,,,,,
887"person justified,or by mistake offact believinghimself,justified, by law.",,,,,,,,,,
888Accident in,,,,,,,,,,
889doing a lawfulact.,,,,,,,,,,
890Act likely to,,,,,,,,,,
891"cause harm,but donewithoutcriminalintent, and toprevent otherharm.5",,,,,,,,,,
89210,,,,,,,,,,
89315,,,,,,,,,,
89420,,,,,,,,,,
89525,,,,,,,,,,
89630,,,,,,,,,,
89735,,,,,,,,,,
8984012,,,,,,,,,,
89920. Nothing is an offence which is done by a child under seven years of age.,,,,,,,,,,
90021. Nothing is an offence which is done by a child above seven years of age and under,,,,,,,,,,
901"twelve, who has not attained sufficient maturity of understanding to judge of the nature andconsequences of his conduct on that occasion.",,,,,,,,,,
902"22. Nothing is an offence which is done by a person who, at the time of doing it, by",,,,,,,,,,
903"reason of mental illness, is incapable of knowing the nature of the act, or that he is doingwhat is either wrong or contrary to law.",,,,,,,,,,
904"23. Nothing is an offence which is done by a person who, at the time of doing it, is, by",,,,,,,,,,
905"reason of intoxication, incapable of knowing the nature of the act, or that he is doing what iseither wrong, or contrary to law; unless that the thing which intoxicated him was administeredto him without his knowledge or against his will.",,,,,,,,,,
90624.  In cases where an act done is not an offence unless done with a particular knowledge,,,,,,,,,,
907"or intent, a person who does the act in a state of intoxication shall be liable to be dealt withas if he had the same knowledge as he would have had if he had not been intoxicated, unlessthe thing which intoxicated him was administered to him without his knowledge or againsthis will.",,,,,,,,,,
908"25. Nothing which is not intended to cause death, or grievous hurt, and which is not",,,,,,,,,,
909"known by the doer to be likely to cause death or grievous hurt, is an offence by reason of anyharm which it may cause, or be intended by the doer to cause, to any person, above eighteenyears of age, who has given consent, whether express or implied, to suffer that harm; or byreason of any harm which it may be known by the doer to be likely to cause to any suchperson who has consented to take the risk of that harm.",,,,,,,,,,
910Illustration .,,,,,,,,,,
911A and Z agree to fence with each other for amusement. This agreement implies the,,,,,,,,,,
912"consent of each to suffer any harm which, in the course of such fencing, may be causedwithout foul play; and if A, while playing fairly, hurts Z, A commits no offence.",,,,,,,,,,
913"26.  Nothing, which is not intended to cause death, is an offence by reason of any harm",,,,,,,,,,
914"which it may cause, or be intended by the doer to cause, or be known by the doer to be likelyto cause, to any person for whose benefit it is done in good faith, and who has given aconsent, whether express or implied, to suffer that harm, or to take the risk of that harm.",,,,,,,,,,
915Illustration .,,,,,,,,,,
916"A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who",,,,,,,,,,
917"suffers under the painful complaint, but not intending to cause Z’s death, and intending, ingood faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed nooffence.",,,,,,,,,,
91827. Nothing which is done in good faith for the benefit of a person under twelve years,,,,,,,,,,
919"of age, or of person with mental illness, by or by consent, either express or implied, of theguardian or other person having lawful charge of that person, is an offence by reason of anyharm which it may cause, or be intended by the doer to cause or be known by the doer to belikely to cause to that person:",,,,,,,,,,
920Provided that this exception shall not extend to––,,,,,,,,,,
921"(a)  the intentional causing of death, or to the attempting to cause death;",,,,,,,,,,
922(b) the doing of anything which the person doing it knows to be likely to causeAct of a child,,,,,,,,,,
923above sevenand undertwelve ofimmatureunderstanding.,,,,,,,,,,
924Act of a,,,,,,,,,,
925person ofmental illness.,,,,,,,,,,
926Act of a person,,,,,,,,,,
927incapable ofjudgment byreason ofintoxicationcaused againsthis will.,,,,,,,,,,
928Offence,,,,,,,,,,
929requiring aparticularintent orknowledgecommitted byone who isintoxicated.,,,,,,,,,,
930Act not,,,,,,,,,,
931"intended andnot known tobe likely tocause death orgrievous hurt,done byconsent.",,,,,,,,,,
932Act not,,,,,,,,,,
933"intended tocause death,done byconsent ingood faith forperson'sbenefit.",,,,,,,,,,
934Act done in,,,,,,,,,,
935"good faith forbenefit ofchild orperson withmental illness,by or byconsent ofguardian.Act of a child",,,,,,,,,,
936under sevenyears of age.,,,,,,,,,,
9375,,,,,,,,,,
93810,,,,,,,,,,
93915,,,,,,,,,,
94020,,,,,,,,,,
94125,,,,,,,,,,
94230,,,,,,,,,,
94335,,,,,,,,,,
9444013,,,,,,,,,,
945"death, for any purpose other than the preventing of death or grievous hurt, or the",,,,,,,,,,
946curing of any grievous disease or infirmity;,,,,,,,,,,
947"(c) the voluntary causing of grievous hurt, or to the attempting to cause grievous",,,,,,,,,,
948"hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing ofany grievous disease or infirmity;",,,,,,,,,,
949"(d) the abetment of any offence, to the committing of which offence it would not",,,,,,,,,,
950extend.,,,,,,,,,,
951Illustration .,,,,,,,,,,
952"A, in good faith, for his child’s benefit without his child’s consent, has his child cut for",,,,,,,,,,
953"the stone by a surgeon knowing it to be likely that the operation will cause the child’s death,but not intending to cause the child’s death. A is within the exception, in as much as hisobject was the cure of the child.",,,,,,,,,,
954"28. A consent is not such a consent as is intended by any section of this Sanhita,––",,,,,,,,,,
955"(a) if the consent is given by a person under fear of injury, or under a misconception",,,,,,,,,,
956"of fact, and if the person doing the act knows, or has reason to believe, that theconsent was given in consequence of such fear or misconception; or",,,,,,,,,,
957"(b) if the consent is given by a person who, from mental illness, or intoxication,",,,,,,,,,,
958is unable to understand the nature and consequence of that to which he gives hisconsent; or,,,,,,,,,,
959"(c)  unless the contrary appears from the context, if the consent is given by a",,,,,,,,,,
960person who is under twelve years of age.,,,,,,,,,,
961"29. The exceptions in sections 21, 22  and 23 do not extend to acts which are offences",,,,,,,,,,
962"independently of any harm which they may cause, or be intended to cause, or be known tobe likely to cause, to the person giving the consent, or on whose behalf the consent is given.",,,,,,,,,,
963Illustration .,,,,,,,,,,
964Causing miscarriage (unless caused in good faith for the purpose of saving the life of,,,,,,,,,,
965"the woman) is offence independently of any harm which it may cause or be intended to causeto the woman. Therefore, it is not an offence “by reason of such harm”; and the consent ofthe woman or of her guardian to the causing of such miscarriage does not justify the act.",,,,,,,,,,
96630. Nothing is an offence by reason of any harm which it may cause to a person for,,,,,,,,,,
967"whose benefit it is done in good faith, even without that person’s consent, if the circumstancesare such that it is impossible for that person to signify consent, or if that person is incapableof giving consent, and has no guardian or other person in lawful charge of him from whom itis possible to obtain consent in time for the thing to be done with benefit:",,,,,,,,,,
968Provided that exception shall not extend to––,,,,,,,,,,
969"(a) the intentional causing of death, or the attempting to cause death;",,,,,,,,,,
970(b) the doing of anything which the person doing it knows to be likely to cause,,,,,,,,,,
971"death, for any purpose other than the preventing of death or grievous hurt, or thecuring of any grievous disease or infirmity;",,,,,,,,,,
972"(c) the voluntary causing of hurt, or to the attempting to cause hurt, for any",,,,,,,,,,
973purpose other than the preventing of death or hurt;,,,,,,,,,,
974"(d) the abetment of any offence, to the committing of which offence it would not",,,,,,,,,,
975extend.,,,,,,,,,,
976Illustration s.,,,,,,,,,,
977"(1) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires toConsent",,,,,,,,,,
978known to begiven underfear ormisconception.,,,,,,,,,,
979Exclusion of,,,,,,,,,,
980acts which areoffencesindependentlyof harmcaused.,,,,,,,,,,
981Act done in,,,,,,,,,,
982good faith forbenefit of apersonwithoutconsent.5,,,,,,,,,,
98310,,,,,,,,,,
98415,,,,,,,,,,
98520,,,,,,,,,,
98625,,,,,,,,,,
98730,,,,,,,,,,
98835,,,,,,,,,,
98940,,,,,,,,,,
9904514,,,,,,,,,,
991"be trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit, performs the",,,,,,,,,,
992trepan before Z recovers his power of judging for himself. A has committed no offence.,,,,,,,,,,
993(2) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may,,,,,,,,,,
994"kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s bullet gives Z amortal wound. A has committed no offence.",,,,,,,,,,
995"(3) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an",,,,,,,,,,
996"operation be immediately performed. There is no time to apply to the child’s guardian. Aperforms the operation in spite of the entreaties of the child, intending, in good faith, thechild’s benefit. A has committed no offence.",,,,,,,,,,
997"(4) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A",,,,,,,,,,
998"drops the child from the house top, knowing it to be likely that the fall may kill the child, butnot intending to kill the child, and intending, in good faith, the child’s benefit. Here, even ifthe child is killed by the fall, A has committed no offence.",,,,,,,,,,
999Explanation.— Mere pecuniary benefit is not benefit within the meaning of sections,,,,,,,,,,
1000"21, 22 and 23.",,,,,,,,,,
100131. No communication made in good faith is an offence by reason of any harm to the,,,,,,,,,,
1002"person to whom it is made, if it is made for the benefit of that person.",,,,,,,,,,
1003Illustration .,,,,,,,,,,
1004"A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live.",,,,,,,,,,
1005"The patient dies in consequence of the shock. A has committed no offence, though he knewit to be likely that the communication might cause the patient’s death.",,,,,,,,,,
1006"32. Except murder, and offences against the State punishable with death, nothing is an",,,,,,,,,,
1007"offence which is done by a person who is compelled to do it by threats, which, at the time ofdoing it, reasonably cause the apprehension that instant death to that person will otherwisebe the consequence:",,,,,,,,,,
1008"Provided the person doing the act did not of his own accord, or from a reasonable",,,,,,,,,,
1009"apprehension of harm to himself short of instant death, place himself in the situation bywhich he became subject to such constraint.",,,,,,,,,,
1010"Explanation 1.—A person who, of his own accord, or by reason of a threat of being",,,,,,,,,,
1011"beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of thisexception, on the ground of his having been compelled by his associates to do anything thatis an offence by law.",,,,,,,,,,
1012"Explanation 2.—A person seized by a gang of dacoits, and forced, by threat of instant",,,,,,,,,,
1013"death, to do a thing which is an offence by law; for example, a smith compelled to take histools and to force the door of a house for the dacoits to enter and plunder it, is entitled to thebenefit of this exception.",,,,,,,,,,
1014"33. Nothing is an offence by reason that it causes, or that it is intended to cause, or",,,,,,,,,,
1015"that it is known to be likely to cause, any harm, if that harm is so slight that no person ofordinary sense and temper would complain of such harm.",,,,,,,,,,
1016Of the  right  of  private defence,,,,,,,,,,
101734. Nothing is an offence which is done in the exercise of the right of private defence.,,,,,,,,,,
1018"35. Every person has a right, subject to the restrictions contained in section 37, to",,,,,,,,,,
1019defend—,,,,,,,,,,
1020"(a) his own body, and the body of any other person, against any offence affecting",,,,,,,,,,
1021the human body;,,,,,,,,,,
1022"(b) the property, whether movable or immovable, of himself or of any otherCommunication",,,,,,,,,,
1023made in goodfaith.,,,,,,,,,,
1024Act to which a,,,,,,,,,,
1025personcompelled bythreats.,,,,,,,,,,
1026Act causing,,,,,,,,,,
1027slight harm.,,,,,,,,,,
1028Things done,,,,,,,,,,
1029in privatedefence.,,,,,,,,,,
1030Right of,,,,,,,,,,
1031privatedefence ofbody and ofproperty.5,,,,,,,,,,
103210,,,,,,,,,,
103315,,,,,,,,,,
103420,,,,,,,,,,
103525,,,,,,,,,,
103630,,,,,,,,,,
103735,,,,,,,,,,
103840,,,,,,,,,,
10394515,,,,,,,,,,
1040"person, against any act which is an offence falling under the definition of theft, robbery,",,,,,,,,,,
1041"mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischiefor criminal trespass.",,,,,,,,,,
1042"36. When an act, which would otherwise be a certain offence, is not that offence, by",,,,,,,,,,
1043"reason of the youth, the want of maturity of understanding, the mental illness or the intoxicationof the person doing that act, or by reason of any misconception on the part of that person,every person has the same right of private defence against that act which he would have ifthe act were that offence.",,,,,,,,,,
1044Illustration s.,,,,,,,,,,
1045"(a) Z, under the influence of mental illness, attempts to kill A; Z is guilty of no offence.",,,,,,,,,,
1046But A has the same right of private defence which he would have if Z were sane.,,,,,,,,,,
1047"(b) A enters by night a house which he is legally entitled to enter. Z, in good faith,",,,,,,,,,,
1048"taking A for a house-breaker, attacks A. Here Z, by attacking A under this misconception,commits no offence. But A has the same right of private defence against Z, which he wouldhave if Z were not acting under that misconception.",,,,,,,,,,
1049"37.  (1) There is no right of private defence,––",,,,,,,,,,
1050(a)  against an act which does not reasonably cause the apprehension of death,,,,,,,,,,
1051"or of grievous hurt, if done, or attempted to be done, by a public servant acting in goodfaith under colour of his office, though that act, may not be strictly justifiable by law;",,,,,,,,,,
1052(b) against an act which does not reasonably cause the apprehension of death,,,,,,,,,,
1053"or of grievous hurt, if done, or attempted to be done, by the direction of a publicservant acting in good faith under colour of his office, though that direction may notbe strictly justifiable by law;",,,,,,,,,,
1054(c) in cases in which there is time to have recourse to the protection of the public,,,,,,,,,,
1055authorities.,,,,,,,,,,
1056(2) The right of private defence in no case extends to the inflicting of more harm than,,,,,,,,,,
1057it is necessary to inflict for the purpose of defence.,,,,,,,,,,
1058Explanation 1.—A person is not deprived of the right of private defence against an act,,,,,,,,,,
1059"done, or attempted to be done, by a public servant, as such, unless he knows or has reasonto believe, that the person doing the act is such public servant.",,,,,,,,,,
1060Explanation 2.—A person is not deprived of the right of private defence against an act,,,,,,,,,,
1061"done, or attempted to be done, by the direction of a public servant, unless he knows, or hasreason to believe, that the person doing the act is acting by such direction, or unless suchperson states the authority under which he acts, or if he has authority in writing, unless heproduces such authority, if demanded.",,,,,,,,,,
1062"38. The right of private defence of the body extends, under the restrictions specified in",,,,,,,,,,
1063"section 37, to the voluntary causing of death or of any other harm to the assailant, if theoffence which occasions the exercise of the right be of any of the descriptions hereinafterenumerated, namely:—",,,,,,,,,,
1064(a) such an assault as may reasonably cause the apprehension that death will,,,,,,,,,,
1065otherwise be the consequence of such assault;,,,,,,,,,,
1066(b) such an assault as may reasonably cause the apprehension that grievous,,,,,,,,,,
1067hurt will otherwise be the consequence of such assault;,,,,,,,,,,
1068(c) an assault with the intention of committing rape;,,,,,,,,,,
1069(d) an assault with the intention of gratifying unnatural lust;,,,,,,,,,,
1070(e) an assault with the intention of kidnapping or abducting;Right of,,,,,,,,,,
1071"privatedefenceagainst act ofa person withmental illness,etc.",,,,,,,,,,
1072Acts against,,,,,,,,,,
1073which there isno right ofprivatedefence.,,,,,,,,,,
1074When the,,,,,,,,,,
1075right ofprivatedefence ofbody extendsto causingdeath.5,,,,,,,,,,
107610,,,,,,,,,,
107715,,,,,,,,,,
107820,,,,,,,,,,
107925,,,,,,,,,,
108030,,,,,,,,,,
108135,,,,,,,,,,
108240,,,,,,,,,,
10834516,,,,,,,,,,
1084"(f) an assault with the intention of wrongfully confining a person, under",,,,,,,,,,
1085circumstances which may reasonably cause him to apprehend that he will be unable tohave recourse to the public authorities for his release;,,,,,,,,,,
1086(g) an act of throwing or administering acid or an attempt to throw or administer,,,,,,,,,,
1087acid which may reasonably cause the apprehension that grievous hurt will otherwisebe the consequence of such act.,,,,,,,,,,
1088"39. If the offence be not of any of the descriptions specfied in section 38, the right of",,,,,,,,,,
1089"private defence of the body does not extend to the voluntary causing of death to theassailant, but does extend, under the restrictions specified in section 37, to the voluntarycausing to the assailant of any harm other than death.",,,,,,,,,,
109040. The right of private defence of the body commences as soon as a reasonable,,,,,,,,,,
1091apprehension of danger to the body arises from an attempt or threat to commit the offencethough the offence may not have been committed; and it continues as long as suchapprehension of danger to the body continues.,,,,,,,,,,
1092"41. The right of private defence of property extends, under the restrictions specified in",,,,,,,,,,
1093"section 37, to the voluntary causing of death or of any other harm to the wrong-doer, if theoffence, the committing of which, or the attempting to commit which, occasions the exerciseof the right, be an offence of any of the descriptions hereinafter enumerated, namely:—",,,,,,,,,,
1094(a) robbery;,,,,,,,,,,
1095(b) house-breaking after sun set and before sun rise;,,,,,,,,,,
1096"(c) mischief by fire or any explosive substance committed on any building, tent",,,,,,,,,,
1097"or vessel, which building, tent or vessel is used as a human dwelling, or as a place forthe custody of property;",,,,,,,,,,
1098"(d) theft, mischief, or house-trespass, under such circumstances as may",,,,,,,,,,
1099"reasonably cause apprehension that death or grievous hurt will be the consequence,if such right of private defence is not exercised.",,,,,,,,,,
1100"42. If the offence, the committing of which, or the attempting to commit which occasions",,,,,,,,,,
1101"the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of anyof the descriptions specified in section 41, that right does not extend to the voluntarycausing of death, but does extend, subject to the restrictions specified in section 37, to thevoluntary causing to the wrong-doer of any harm other than death.",,,,,,,,,,
1102"43. The right of private defence of property,––",,,,,,,,,,
1103(a)  commences when a reasonable apprehension of danger to the property,,,,,,,,,,
1104commences;,,,,,,,,,,
1105(b) against theft continues till the offender has effected his retreat with the,,,,,,,,,,
1106"property or either the assistance of the public authorities is obtained, or the propertyhas been recovered;",,,,,,,,,,
1107(c)  against robbery continues as long as the offender causes or attempts to,,,,,,,,,,
1108cause to any person death or hurt or wrongful restraint or as long as the fear of instantdeath or of instant hurt or of instant personal restraint continues;,,,,,,,,,,
1109(d) against criminal trespass or mischief continues as long as the offender,,,,,,,,,,
1110continues in the commission of criminal trespass or mischief;,,,,,,,,,,
1111(e) against house-breaking after sunset and before sun rise continues as long as,,,,,,,,,,
1112the house-trespass which has been begun by such house-breaking continues.,,,,,,,,,,
111344. If in the exercise of the right of private defence against an assault which reasonably,,,,,,,,,,
1114"causes the apprehension of death, the defender be so situated that he cannot effectuallyWhen suchright extendsto causing anyharm otherthan death.",,,,,,,,,,
1115Commencement,,,,,,,,,,
1116andcontinuance ofright of privatedefence of thebody.,,,,,,,,,,
1117When right of,,,,,,,,,,
1118privatedefence ofpropertyextends tocausing death.,,,,,,,,,,
1119When such,,,,,,,,,,
1120right extendsto causing anyharm otherthan death.,,,,,,,,,,
1121Commencement,,,,,,,,,,
1122andcontinuanceof right ofprivatedefence ofproperty.,,,,,,,,,,
1123Right of private,,,,,,,,,,
1124defence againstdeadly assaultwhen there isrisk of harm toinnocent person.5,,,,,,,,,,
112510,,,,,,,,,,
112615,,,,,,,,,,
112720,,,,,,,,,,
112825,,,,,,,,,,
112930,,,,,,,,,,
113035,,,,,,,,,,
113140,,,,,,,,,,
11324517,,,,,,,,,,
1133"exercise that right without risk of harm to an innocent person, his right of private defence",,,,,,,,,,
1134extends to the running of that risk.,,,,,,,,,,
1135Illustration .,,,,,,,,,,
1136A is attacked by a mob who attempt to murder him. He cannot effectually exercise his,,,,,,,,,,
1137"right of private defence without firing on the mob, and he cannot fire without risk of harming",,,,,,,,,,
1138young children who are mingled with the mob. A commits no offence if by so firing he harmsany of the children.,,,,,,,,,,
1139CHAPTER IV,,,,,,,,,,
1140O,,,,,,,,,,
1141"F ABETMENT , CRIMINAL  CONSPIRACY  AND ATTEMPT",,,,,,,,,,
1142Of Abetment,,,,,,,,,,
1143"45. A person abets the doing of a thing, who—",,,,,,,,,,
1144(a) instigates any person to do that thing; or,,,,,,,,,,
1145(b) engages with one or more other person or persons in any conspiracy for the,,,,,,,,,,
1146"doing of that thing, if an act or illegal omission takes place in pursuance of that",,,,,,,,,,
1147"conspiracy, and in order to the doing of that thing; or",,,,,,,,,,
1148"(c) intentionally aids, by any act or illegal omission, the doing of that thing.",,,,,,,,,,
1149"Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment",,,,,,,,,,
1150"of a material fact which he is bound to disclose, voluntarily causes or procures, or attemptsto cause or procure, a thing to be done, is said to instigate the doing of that thing.",,,,,,,,,,
1151Illustration .,,,,,,,,,,
1152"A, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing",,,,,,,,,,
1153"that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally",,,,,,,,,,
1154causes A to apprehend C. Here B abets by instigation the apprehension of C.,,,,,,,,,,
1155"Explanation 2. —Whoever, either prior to or at the time of the commission of an act,",,,,,,,,,,
1156"does anything in order to facilitate the commission of that act, and thereby facilitates the",,,,,,,,,,
1157"commission thereof, is said to aid the doing of that act.",,,,,,,,,,
1158"46. A person abets an offence, who abets either the commission of an offence, or the",,,,,,,,,,
1159"commission of an act which would be an offence, if committed by a person capable by law of",,,,,,,,,,
1160committing an offence with the same intention or knowledge as that of the abettor.,,,,,,,,,,
1161Explanation 1. —The abetment of the illegal omission of an act may amount to an,,,,,,,,,,
1162offence although the abettor may not himself be bound to do that act.,,,,,,,,,,
1163Explanation 2. —To constitute the offence of abetment it is not necessary that the act,,,,,,,,,,
1164"abetted should be committed, or that the effect requisite to constitute the offence should becaused.",,,,,,,,,,
1165Illustration s.,,,,,,,,,,
1166(a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit,,,,,,,,,,
1167murder.,,,,,,,,,,
1168(b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers,,,,,,,,,,
1169from the wound. A is guilty of instigating B to commit murder.,,,,,,,,,,
1170Explanation 3.—It is not necessary that the person abetted should be capable by law,,,,,,,,,,
1171"of committing an offence, or that he should have the same guilty intention or knowledge as",,,,,,,,,,
1172"that of the abettor, or any guilty intention or knowledge.Abetment of",,,,,,,,,,
1173thing.,,,,,,,,,,
1174Abettor.5,,,,,,,,,,
117510,,,,,,,,,,
117615,,,,,,,,,,
117720,,,,,,,,,,
117825,,,,,,,,,,
117930,,,,,,,,,,
118035,,,,,,,,,,
11814018,,,,,,,,,,
1182Illustration s.,,,,,,,,,,
1183"(a)  A, with a guilty intention, abets a child or a person with mental illness to commit an",,,,,,,,,,
1184"act which would be an offence, if committed by a person capable by law of committing an",,,,,,,,,,
1185"offence, and having the same intention as A. Here A, whether the act be committed or not, isguilty of abetting an offence.",,,,,,,,,,
1186"(b)  A, with the intention of murdering Z, instigates B, a child under seven years of age,",,,,,,,,,,
1187"to do an act which causes Z’s death. B, in consequence of the abetment, does the act in theabsence of A and thereby causes Z’s death. Here, though B was not capable by law ofcommitting an offence, A is liable to be punished in the same manner as if B had been capableby law of committing an offence, and had committed murder, and he is therefore subject tothe punishment of death.",,,,,,,,,,
1188"(c) A instigates B to set fire to a dwelling-house. B, in consequence of his mental",,,,,,,,,,
1189"illness, being incapable of knowing the nature of the act, or that he is doing what is wrong orcontrary to law, sets fire to the house in consequence of A’s instigation. B has committed nooffence, but A is guilty of abetting the offence of setting fire to a dwelling-house, and is liableto the punishment provided for that offence.",,,,,,,,,,
1190"(d)  A, intending to cause a theft to be committed, instigates B to take property belonging",,,,,,,,,,
1191"to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes theproperty out of Z’s possession, in good faith, believing it to be A’s property. B, acting underthis misconception, does not take dishonestly, and therefore does not commit theft. But A isguilty of abetting theft, and is liable to the same punishment as if B had committed theft.",,,,,,,,,,
1192"Explanation 4. —The abetment of an offence being an offence, the abetment of such",,,,,,,,,,
1193an abetment is also an offence.,,,,,,,,,,
1194Illustration .,,,,,,,,,,
1195"A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and",,,,,,,,,,
1196"C commits that offence in consequence of B’s instigation. B is liable to be punished for hisoffence with the punishment for murder; and, as A instigated B to commit the offence, A isalso liable to the same punishment.",,,,,,,,,,
1197Explanation 5. —It is not necessary to the commission of the offence of abetment by,,,,,,,,,,
1198conspiracy that the abettor should concert the offence with the person who commits it. It issufficient if he engages in the conspiracy in pursuance of which the offence is committed.,,,,,,,,,,
1199Illustration .,,,,,,,,,,
1200A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison.,,,,,,,,,,

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