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, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to in... | , voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration. A, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents toA that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. Explanation 2.Whoever, either prior to or at the time of the commission of an act, does anything in or |
at C is not Z, wilfully represents toA that C is Z, and thereby intentionally causes A to apprehend ... | at C is not Z, wilfully represents toA that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. Explanation 2.Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act. 46.A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an o |
der to facilitate the commission of that act, and thereby facilitates the commission thereof, is sai... | der to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act. 46.A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. Explanation 1.The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself |
ffence, if committed by a person capable by law of committing an offence with the same intention or ... | ffence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. Explanation 1.The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act. Explanation 2.To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused. Illustrations. (a) A instigates B to murder |
be bound to do that act. Explanation 2.To constitute the offence of abetment it is not necessary th... | be bound to do that act. Explanation 2.To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused. Illustrations. (a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder. (b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. Ais guilty of instigating B to commit murder. Explanation 3.It is not necessary that t |
C. B refuses to do so. A is guilty of abetting B to commit murder. (b) A instigates B to murder D. ... | C. B refuses to do so. A is guilty of abetting B to commit murder. (b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. Ais guilty of instigating B to commit murder. Explanation 3.It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.Abetment of a thing. Abettor.Sec. 1THE GAZETTE OF INDIA EXTRAORD |
he person abetted should be capable by law of committing an offence, or that he should have the same... | he person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge.Abetment of a thing. Abettor.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY17_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
Illustrations. (a) A, with a guilty intention, abets a child or a person of unsound mind to commit a... | Illustrations. (a) A, with a guilty intention, abets a child or a person of unsound mind to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention asA. Here A, whether the act be committed or not, is guilty of abetting an offence. (b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Zs death. B, in consequence of the abetment, does the act in the absence of A and t |
t be committed or not, is guilty of abetting an offence. (b) A, with the intention of murdering Z, i... | t be committed or not, is guilty of abetting an offence. (b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Zs death. B, in consequence of the abetment, does the act in the absence of A and thereby causes Zs death. Here, though B was not capable by law of committing an offence, Ais liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the puni |
hereby causes Zs death. Here, though B was not capable by law of committing an offence, Ais liable t... | hereby causes Zs death. Here, though B was not capable by law of committing an offence, Ais liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death. (c) Ainstigates B to set fire to a dwellinghouse. B, in consequence of his unsoundness of mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence o |
shment of death. (c) Ainstigates B to set fire to a dwellinghouse. B, in consequence of his unsoundn... | shment of death. (c) Ainstigates B to set fire to a dwellinghouse. B, in consequence of his unsoundness of mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of As instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwellinghouse, and is liable to the punishment provided for that offence. (d) A, intending to cause a theft to be committed, instigates B to take pro |
f As instigation. B has committed no offence, but A is guilty of abetting the offence of setting fir... | f As instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwellinghouse, and is liable to the punishment provided for that offence. (d) A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Zs possession. Ainduces B to believe that the property belongs to A. B takes the property out of Zs possession, in good faith, believing it to be As property. B, acting under this misconception, does not take dishonestly, and th |
perty belonging to Z out of Zs possession. Ainduces B to believe that the property belongs to A. B t... | perty belonging to Z out of Zs possession. Ainduces B to believe that the property belongs to A. B takes the property out of Zs possession, in good faith, believing it to be As property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft. Explanation 4.The abetment of an offence being an offence, the abetment of such an abetment is also an offence. Illustration |
erefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishme... | erefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft. Explanation 4.The abetment of an offence being an offence, the abetment of such an abetment is also an offence. Illustration. A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of Bs instigation. B is liable to be punished for his offence with the punishment for murder; and, as A instigated B to commit th |
. A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits t... | . A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of Bs instigation. B is liable to be punished for his offence with the punishment for murder; and, as A instigated B to commit the offence, A is also liable to the same punishment. Explanation 5.It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in t |
e offence, A is also liable to the same punishment. Explanation 5.It is not necessary to the commiss... | e offence, A is also liable to the same punishment. Explanation 5.It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed. Illustration. A concerts with B a plan for poisoning Z. It is agreed thatA shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison, |
he conspiracy in pursuance of which the offence is committed. Illustration. A concerts with B a plan... | he conspiracy in pursuance of which the offence is committed. Illustration. A concerts with B a plan for poisoning Z. It is agreed thatA shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison, but without mentioning As name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. Aadministers the poison; Z dies in consequence. Here, though A and C have not conspired together, y |
but without mentioning As name. C agrees to procure the poison, and procures and delivers it to B fo... | but without mentioning As name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. Aadministers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder. 47.A person abets an offence within the meaning of this Sanhita who |
et C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore c... | et C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder. 47.A person abets an offence within the meaning of this Sanhita who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India. Illustration. A, in India, instigates B, a foreigner in country X, to commit a murder in that country, A is guilty of abetting mur |
, in India, abets the commission of any act without and beyond India which would constitute an offen... | , in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India. Illustration. A, in India, instigates B, a foreigner in country X, to commit a murder in that country, A is guilty of abetting murder. 48.A person abets an offence within the meaning of this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India.Abetment in India of offences outside India. Abetment outsi |
der. 48.A person abets an offence within the meaning of this Sanhita who, without and beyond India, ... | der. 48.A person abets an offence within the meaning of this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India.Abetment in India of offences outside India. Abetment outside India for offence in India.18THE GAZETTE OF INDIA EXTRAORDINARYPart II_______________________________________________________________________________________________________________________________________________________________________________________ |
Illustration. A, in country X, instigates B, to commit a murder in India,Ais guilty of abetting murd... | Illustration. A, in country X, instigates B, to commit a murder in India,Ais guilty of abetting murder. 49.Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Sanhita for the punishment of such abetment, be punished with the punishment provided for the offence. Explanation.An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the con |
the punishment of such abetment, be punished with the punishment provided for the offence. Explanat... | the punishment of such abetment, be punished with the punishment provided for the offence. Explanation.An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment. Illustrations. (a) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B. |
spiracy, or with the aid which constitutes the abetment. Illustrations. (a) A instigates B to give f... | spiracy, or with the aid which constitutes the abetment. Illustrations. (a) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B. (b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in As absence and thereby causes Zs death. |
(b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and deliver... | (b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in As absence and thereby causes Zs death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder. 50.Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge fro |
Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to th... | Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder. 50.Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other. 51.When an act is abetted and a different act is done |
m that of the abettor, be punished with the punishment provided for the offence which would have bee... | m that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other. 51.When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it Provided that the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with th |
, the abettor is liable for the act done, in the same manner and to the same extent as if he had dir... | , the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it Provided that the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment. Illustrations. (a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poiso |
e aid or in pursuance of the conspiracy which constituted the abetment. Illustrations. (a) A instiga... | e aid or in pursuance of the conspiracy which constituted the abetment. Illustrations. (a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here, if the child was acting under the influence of As instigation, and the act done was under the circumstances a probable consequence of the abetment,A is liable in the same manner and to the same |
n into the food of Y, which is by the side of that of Z. Here, if the child was acting under the inf... | n into the food of Y, which is by the side of that of Z. Here, if the child was acting under the influence of As instigation, and the act done was under the circumstances a probable consequence of the abetment,A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of Y. (b) A instigates B to burn Zs house, B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is no |
extent as if he had instigated the child to put the poison into the food of Y. (b) A instigates B t... | extent as if he had instigated the child to put the poison into the food of Y. (b) A instigates B to burn Zs house, B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning. (c)A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. |
t guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of ... | t guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning. (c)A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder. 52. If the act for which the abettor is liable under |
B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that m... | B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder. 52. If the act for which the abettor is liable under section 51 is committed in addition to the act abetted, and constitute a distinct offence, the abettor is liable to punishment for each of the offences.Punishment of abetment if act abetted is committed in consequence and where no express provision is made |
section 51 is committed in addition to the act abetted, and constitute a distinct offence, the abett... | section 51 is committed in addition to the act abetted, and constitute a distinct offence, the abettor is liable to punishment for each of the offences.Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment. Punishment of abetment if person abetted does act with different intention from that of abettor. Liability of abettor when one act abetted and different act done. Abettor when liable to cumulative punishment for act abetted and for act |
for its punishment. Punishment of abetment if person abetted does act with different intention from... | for its punishment. Punishment of abetment if person abetted does act with different intention from that of abettor. Liability of abettor when one act abetted and different act done. Abettor when liable to cumulative punishment for act abetted and for act done.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY19________________________________________________________________________________________________________________________________________________________________________________________________________________ |
Illustration. A instigates B to resist by force a distress made by a public servant. B, in consequen... | Illustration. A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress, A will also be liabl |
offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liabl... | offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of the offences. 53.When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect from that |
e to punishment for each of the offences. 53.When an act is abetted with the intention on the part o... | e to punishment for each of the offences. 53.When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect. |
intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the... | intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect. Illustration. A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the |
Illustration. A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, caus... | Illustration. A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder. 54.Whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have |
punishment provided for murder. 54.Whenever any person, who is absent would be liable to be punished... | punishment provided for murder. 54.Whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence. 55.Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the |
committed such act or offence. 55.Whoever abets the commission of an offence punishable with death o... | committed such act or offence. 55.Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if any act for which the abettor is liable in consequence of the abetment, and which causes |
punishment of such abetment, be punished with imprisonment of either description for a term which m... | punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. Illustration. A instigates B to murder Z. The offence is not committed. If B had |
hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a... | hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. Illustration. A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or imprisonment for life. Therefore, Ais liable to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of the abetment, h |
murdered Z, he would have been subject to the punishment of death or imprisonment for life. Therefo... | murdered Z, he would have been subject to the punishment of death or imprisonment for life. Therefore, Ais liable to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine. 56.Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made u |
e will be liable to imprisonment for a term which may extend to fourteen years, and to fine. 56.Whoe... | e will be liable to imprisonment for a term which may extend to fourteen years, and to fine. 56.Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to onefourth part of the longest term provided for that offence; or with such fine as is provided |
nder this Sanhita for the punishment of such abetment, be punished with imprisonment of any descript... | nder this Sanhita for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to onefourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a te |
for that offence, or with both; and if the abettor or the person abetted is a public servant, whose ... | for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to onehalf of the longest term provided for that offence, or with such fine as is provided for the offence, or with both. Illustrations. (a)A instigates B to give false evidence. Here, if B does not give false evidence, Ahas nevertheles |
rm which may extend to onehalf of the longest term provided for that offence, or with such fine as i... | rm which may extend to onehalf of the longest term provided for that offence, or with such fine as is provided for the offence, or with both. Illustrations. (a)A instigates B to give false evidence. Here, if B does not give false evidence, Ahas nevertheless committed the offence defined in this section, and is punishable accordingly.Liability of abettor for an effect caused by act abetted different from that intended by abettor. Abettor present when offence is committed. Abetment of offence punishable with |
s committed the offence defined in this section, and is punishable accordingly.Liability of abettor ... | s committed the offence defined in this section, and is punishable accordingly.Liability of abettor for an effect caused by act abetted different from that intended by abettor. Abettor present when offence is committed. Abetment of offence punishable with death or imprisonment for life. Abetment of offence punishable with imprisonment.20THE GAZETTE OF INDIA EXTRAORDINARYPart II____________________________________________________________________________________________________________________________________ |
(b) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here,... | (b) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to onehalf of the longest term of imprisonment provided for that offence, and also to fine. (c) B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here, though the robbery be not committed, B is liable to onehalf of the longest term of imprisonment provided for the offence of robbery, and also to fine. 57.Whoe |
e commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here, th... | e commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here, though the robbery be not committed, B is liable to onehalf of the longest term of imprisonment provided for the offence of robbery, and also to fine. 57.Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to seven years and with fine. Illustration. A affixes i |
ver abets the commission of an offence by the public generally or by any number or class of persons ... | ver abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to seven years and with fine. Illustration. A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence defined in this s |
n a public place a placard instigating a sect consisting of more than ten members to meet at a certa... | n a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence defined in this section. 58.Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life, voluntarily conceals by any act or omission, or by the use of encryption or a |
ection. 58.Whoever intending to facilitate or knowing it to be likely that he will thereby facilitat... | ection. 58.Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life, voluntarily conceals by any act or omission, or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design shall,–– (a) if that offence be committed, be punished with imprisonment of either description |
ny other information hiding tool, the existence of a design to commit such offence or makes any repr... | ny other information hiding tool, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design shall,–– (a) if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years; or (b) if the offence be not committed, with imprisonment of either description, for a term which may extend to three years, and shall also be liable to fine. Illustration. A, knowing that dacoity is about to be |
for a term which may extend to seven years; or (b) if the offence be not committed, with imprisonmen... | for a term which may extend to seven years; or (b) if the offence be not committed, with imprisonment of either description, for a term which may extend to three years, and shall also be liable to fine. Illustration. A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pur |
committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place... | committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section. 59.Whoever, being a public servant, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to pre |
suance of the design. A is punishable under this section. 59.Whoever, being a public servant, intend... | suance of the design. A is punishable under this section. 59.Whoever, being a public servant, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily conceals, by any act or omission or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design shall,–– (a |
vent, voluntarily conceals, by any act or omission or by the use of encryption or any other informat... | vent, voluntarily conceals, by any act or omission or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design shall,–– (a) if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to onehalf of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both; or ( |
) if the offence be committed, be punished with imprisonment of any description provided for the off... | ) if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to onehalf of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both; or (b) if the offence be punishable with death or imprisonment for life, with imprisonment of either description for a term which may extend to ten years; or (c) if the offence be not committed, shall be punished with imprisonment of any description provided f |
b) if the offence be punishable with death or imprisonment for life, with imprisonment of either des... | b) if the offence be punishable with death or imprisonment for life, with imprisonment of either description for a term which may extend to ten years; or (c) if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to onefourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both. Illustration. A, an officer of police, being legally bound to give information of all desi |
or the offence for a term which may extend to onefourth part of the longest term of such imprisonmen... | or the offence for a term which may extend to onefourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both. Illustration. A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to so facilitate the commission of that offence.Abetting commission of offence by public or by more than ten pe |
gns to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery,... | gns to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to so facilitate the commission of that offence.Abetting commission of offence by public or by more than ten persons. Concealing design to commit offence punishable with death or imprisonment for life. Public servant concealing design to commit offence which it is his duty to prevent.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY21________________________________________ |
rsons. Concealing design to commit offence punishable with death or imprisonment for life. Public se... | rsons. Concealing design to commit offence punishable with death or imprisonment for life. Public servant concealing design to commit offence which it is his duty to prevent.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY21________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
Here A has by an illegal omission concealed the existence of Bs design, and is liable to punishment ... | Here A has by an illegal omission concealed the existence of Bs design, and is liable to punishment according to the provision of this section. 60.Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design shall,–– (a) if the offence be c |
an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the ... | an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design shall,–– (a) if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to onefourth; and (b) if the offence be not committed, to oneeighth, of the longest term of such imprisonment, or with such fine as is provided |
ommitted, be punished with imprisonment of the description provided for the offence, for a term whic... | ommitted, be punished with imprisonment of the description provided for the offence, for a term which may extend to onefourth; and (b) if the offence be not committed, to oneeighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both. Of criminal conspiracy 61.(1) When two or more persons agree with the common object to do, or cause to be done–– (a) an illegal act; or (b) an act which is not illegal by illegal means, such an agreement is designated a crim |
for the offence, or with both. Of criminal conspiracy 61.(1) When two or more persons agree with th... | for the offence, or with both. Of criminal conspiracy 61.(1) When two or more persons agree with the common object to do, or cause to be done–– (a) an illegal act; or (b) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. Explanation.It is immater |
inal conspiracy Provided that no agreement except an agreement to commit an offence shall amount to ... | inal conspiracy Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. Explanation.It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object. (2) Whoever is a party to a criminal conspiracy,–– (a) to commit an offence punishable with death, imprisonment for life or rigorous imprisonment |
ial whether the illegal act is the ultimate object of such agreement, or is merely incidental to tha... | ial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object. (2) Whoever is a party to a criminal conspiracy,–– (a) to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Sanhita for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence; (b) other than a criminal conspiracy to commit an offen |
for a term of two years or upwards, shall, where no express provision is made in this Sanhita for th... | for a term of two years or upwards, shall, where no express provision is made in this Sanhita for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence; (b) other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both. Of attempt 62.Whoever attempts to commit an offence punishable by this Sanhita with imprisonment for life o |
ce punishable as aforesaid shall be punished with imprisonment of either description for a term not ... | ce punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both. Of attempt 62.Whoever attempts to commit an offence punishable by this Sanhita with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Sanhita for the punishment of such attempt, be punished with imprisonment |
r imprisonment, or to cause such an offence to be committed, and in such attempt does any act toward... | r imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Sanhita for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to onehalf of the imprisonment for life or, as the case may be, onehalf of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offenc |
of any description provided for the offence, for a term which may extend to onehalf of the imprison... | of any description provided for the offence, for a term which may extend to onehalf of the imprisonment for life or, as the case may be, onehalf of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both. Illustrations. (a)A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this sect |
e, or with both. Illustrations. (a)A makes an attempt to steal some jewels by breaking open a box, a... | e, or with both. Illustrations. (a)A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section. (b)A makes an attempt to pick the pocket of Z by thrusting his hand into Zs pocket.A fails in the attempt in consequence of Zs having nothing in his pocket. Ais guilty under this section.Concealing design to commit offence punishable with imprisonment |
ion. (b)A makes an attempt to pick the pocket of Z by thrusting his hand into Zs pocket.A fails in t... | ion. (b)A makes an attempt to pick the pocket of Z by thrusting his hand into Zs pocket.A fails in the attempt in consequence of Zs having nothing in his pocket. Ais guilty under this section.Concealing design to commit offence punishable with imprisonment. Criminal conspiracy. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.22THE GAZETTE OF INDIA EXTRAORDINARYPart II_____________________________________________________________________________________ |
. Criminal conspiracy. Punishment for attempting to commit offences punishable with imprisonment for... | . Criminal conspiracy. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.22THE GAZETTE OF INDIA EXTRAORDINARYPart II_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
CHAPTERV OF OFFENCES AGAINST WOMAN AND CHILD Of sexual offences 63.A man is said to commit rape if h... | CHAPTERV OF OFFENCES AGAINST WOMAN AND CHILD Of sexual offences 63.A man is said to commit rape if he (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or (c) manipulates any part of the body of a woman so as to cause penetration in |
erts, to any extent, any object or a part of the body, not being the penis, into the vagina, the ure... | erts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or (c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances |
to the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any... | to the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions (i) against her will; (ii) without her consent; (iii) with her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt; (iv) with |
falling under any of the following seven descriptions (i) against her will; (ii) without her consent... | falling under any of the following seven descriptions (i) against her will; (ii) without her consent; (iii) with her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt; (iv) with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married; (v) with her consent when, at the time of giving such consent, b |
her consent, when the man knows that he is not her husband and that her consent is given because she... | her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married; (v) with her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent; (vi) with or |
y reason of unsoundness of mind or intoxication or the administration by him personally or through a... | y reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent; (vi) with or without her consent, when she is under eighteen years of age; (vii) when she is unable to communicate consent. Explanation 1.For the purposes of this section, vagina shall also includelabia majora. Explanation 2.Consent means an unequivocal voluntary agree |
without her consent, when she is under eighteen years of age; (vii) when she is unable to communicat... | without her consent, when she is under eighteen years of age; (vii) when she is unable to communicate consent. Explanation 1.For the purposes of this section, vagina shall also includelabia majora. Explanation 2.Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or nonverbal communication, communicates willingness to participate in the specific sexual act Provided that a woman who does not physically resist to the act of penetration shall not by the reas |
ment when the woman by words, gestures or any form of verbal or nonverbal communication, communicate... | ment when the woman by words, gestures or any form of verbal or nonverbal communication, communicates willingness to participate in the specific sexual act Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exception 1.––A medical procedure or intervention shall not constitute rape. Exception 2.––Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighte |
on only of that fact, be regarded as consenting to the sexual activity. Exception 1.––A medical proc... | on only of that fact, be regarded as consenting to the sexual activity. Exception 1.––A medical procedure or intervention shall not constitute rape. Exception 2.––Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape. 64.(1) Whoever, except in the cases provided for in subsection (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to im |
en years of age, is not rape. 64.(1) Whoever, except in the cases provided for in subsection (2), co... | en years of age, is not rape. 64.(1) Whoever, except in the cases provided for in subsection (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. (2) Whoever, (a) being a police officer, commits rape,Rape. Punishment for rape.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY23_______________________________________________________________________________ |
prisonment for life, and shall also be liable to fine. (2) Whoever, (a) being a police officer, comm... | prisonment for life, and shall also be liable to fine. (2) Whoever, (a) being a police officer, commits rape,Rape. Punishment for rape.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY23_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
(i) within the limits of the police station to which such police officer is appointed; or (ii) in th... | (i) within the limits of the police station to which such police officer is appointed; or (ii) in the premises of any station house; or (iii) on a woman in such police officers custody or in the custody of a police officer subordinate to such police officer; or (b) being a public servant, commits rape on a woman in such public servants custody or in the custody of a public servant subordinate to such public servant; or (c) being a member of the armed forces deployed in an area by the Central Government or a |
r; or (b) being a public servant, commits rape on a woman in such public servants custody or in the ... | r; or (b) being a public servant, commits rape on a woman in such public servants custody or in the custody of a public servant subordinate to such public servant; or (c) being a member of the armed forces deployed in an area by the Central Government or a State Government commits rape in such area; or (d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a womens or childrens institution, commits rape o |
State Government commits rape in such area; or (d) being on the management or on the staff of a jai... | State Government commits rape in such area; or (d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a womens or childrens institution, commits rape on any inmate of such jail, remand home, place or institution; or (e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or (f) being a relative, guardian or teacher of, or a person in a position of trust or aut |
n any inmate of such jail, remand home, place or institution; or (e) being on the management or on t... | n any inmate of such jail, remand home, place or institution; or (e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or (f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or (g) commits rape during communal or sectarian violence; or (h) commits rape on a woman knowing her to be pregnant; or (i) commits rape, on a woman incapable of giving consent; or (j) being in a posit |
hority towards the woman, commits rape on such woman; or (g) commits rape during communal or sectari... | hority towards the woman, commits rape on such woman; or (g) commits rape during communal or sectarian violence; or (h) commits rape on a woman knowing her to be pregnant; or (i) commits rape, on a woman incapable of giving consent; or (j) being in a position of control or dominance over a woman, commits rape on such woman; or (k) commits rape on a woman suffering from mental or physical disability; or (l) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a wo |
ion of control or dominance over a woman, commits rape on such woman; or (k) commits rape on a woman... | ion of control or dominance over a woman, commits rape on such woman; or (k) commits rape on a woman suffering from mental or physical disability; or (l) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or (m) commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that pe |
man; or (m) commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment ... | man; or (m) commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that persons natural life, and shall also be liable to fine. Explanation.For the purposes of this subsection, (a) armed forces means the naval, army and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, |
rsons natural life, and shall also be liable to fine. Explanation.For the purposes of this subsectio... | rsons natural life, and shall also be liable to fine. Explanation.For the purposes of this subsection, (a) armed forces means the naval, army and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government; (b) hospital means the precincts of the hospital and includes the precincts of any institution for the reception and tr |
including the paramilitary forces and any auxiliary forces that are under the control of the Central... | including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government; (b) hospital means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation; (c) police officer shall have the same meaning as assigned to the expression police under the Police Act, 1861; (d) womens or childrens institution means a |
eatment of persons during convalescence or of persons requiring medical attention or rehabilitation;... | eatment of persons during convalescence or of persons requiring medical attention or rehabilitation; (c) police officer shall have the same meaning as assigned to the expression police under the Police Act, 1861; (d) womens or childrens institution means an institution, whether called an orphanage or a home for neglected women or children or a widows home or an institution called by any other name, which is established and maintained for the reception and care of women or children.5 of 1861.24THE GAZETTE OF |
n institution, whether called an orphanage or a home for neglected women or children or a widows hom... | n institution, whether called an orphanage or a home for neglected women or children or a widows home or an institution called by any other name, which is established and maintained for the reception and care of women or children.5 of 1861.24THE GAZETTE OF INDIA EXTRAORDINARYPart II_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |