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ver a pit, with the intention of thereby causing death, or with the knowledge that death is likely t... | ver a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide. (b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Zs death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide. ( |
Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cau... | Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Zs death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide. (c)A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause dea |
c)A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not kn... | c)A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death. Explanation 1.A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have c |
th by doing an act that he knew was likely to cause death. Explanation 1.A person who causes bodily ... | th by doing an act that he knew was likely to cause death. Explanation 1.A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death.Selling child for purposes of prostitution, etc. Buying child for purposes of prostitution, etc. Culpable homicide.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY31___________________________________________________________________________________ |
aused his death.Selling child for purposes of prostitution, etc. Buying child for purposes of prosti... | aused his death.Selling child for purposes of prostitution, etc. Buying child for purposes of prostitution, etc. Culpable homicide.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY31___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
Explanation 2.Where death is caused by bodily injury, the person who causes such bodily injury shall... | Explanation 2.Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. Explanation 3.The causing of the death of a child in the mothers womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely bor |
ausing of the death of a child in the mothers womb is not homicide. But it may amount to culpable ho... | ausing of the death of a child in the mothers womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born. 101.Except in the cases hereinafter excepted, culpable homicide is murder,–– (a) if the act by which the death is caused is done with the intention of causing death; or (b) if the act by which the death is caused is done with the intention of causing su |
n. 101.Except in the cases hereinafter excepted, culpable homicide is murder,–– (a) if the act by wh... | n. 101.Except in the cases hereinafter excepted, culpable homicide is murder,–– (a) if the act by which the death is caused is done with the intention of causing death; or (b) if the act by which the death is caused is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused; or (c) if the act by which the death is caused is done with the intention of causing bodily injury to any person and the bodily injury intended |
ch bodily injury as the offender knows to be likely to cause the death of the person to whom the har... | ch bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused; or (c) if the act by which the death is caused is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or (d) if the person committing the act by which the death is caused, knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily inj |
to be inflicted is sufficient in the ordinary course of nature to cause death; or (d) if the person... | to be inflicted is sufficient in the ordinary course of nature to cause death; or (d) if the person committing the act by which the death is caused, knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. Illustrations. (a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder. (b) A, k |
ury as is likely to cause death, and commits such act without any excuse for incurring the risk of c... | ury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. Illustrations. (a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder. (b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in |
nowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes hi... | nowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of hea |
the ordinary course of nature to cause the death of a person in a sound state of health. But if A, ... | the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death. (c) A intentionally gives Z a swordcut or clubwound suffi |
lth, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not i... | lth, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death. (c) A intentionally gives Z a swordcut or clubwound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Zs death. (d) A without any excuse fires a loaded cannon into a crowd of persons and kills one |
cient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here A is... | cient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Zs death. (d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them.Ais guilty of murder, although he may not have had a premeditated design to kill any particular individual. Exception 1.Culpable homicide is not murder if the offender, whilst deprived of the power of selfcontrol by grave and sudden provocation, c |
of them.Ais guilty of murder, although he may not have had a premeditated design to kill any partic... | of them.Ais guilty of murder, although he may not have had a premeditated design to kill any particular individual. Exception 1.Culpable homicide is not murder if the offender, whilst deprived of the power of selfcontrol by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident Provided that the provocation is not,–– (a) sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any p |
auses the death of the person who gave the provocation or causes the death of any other person by mi... | auses the death of the person who gave the provocation or causes the death of any other person by mistake or accident Provided that the provocation is not,–– (a) sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person; (b) given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant; (c) given by anything done in the lawful exercise of the right of private defence. Explanation.Whether the provoc |
erson; (b) given by anything done in obedience to the law, or by a public servant in the lawful exer... | erson; (b) given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant; (c) given by anything done in the lawful exercise of the right of private defence. Explanation.Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact.Murder.32THE GAZETTE OF INDIA EXTRAORDINARYPart II______________________________________________________________________________________________________ |
Illustrations. (a) A, under the influence of passion excited by a provocation given by Z, intentiona... | Illustrations. (a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Zs child. This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation. (b) Y gives grave and sudden provocation to A.A, on this provocation, fires a pistol at Y , neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here |
sfortune in doing an act caused by the provocation. (b) Y gives grave and sudden provocation to A.A,... | sfortune in doing an act caused by the provocation. (b) Y gives grave and sudden provocation to A.A, on this provocation, fires a pistol at Y , neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. HereAhas not committed murder, but merely culpable homicide. (c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing done by a public |
Ahas not committed murder, but merely culpable homicide. (c) A is lawfully arrested by Z, a bailiff.... | Ahas not committed murder, but merely culpable homicide. (c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing done by a public servant in the exercise of his powers. (d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of As deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder. (e |
servant in the exercise of his powers. (d) A appears as a witness before Z, a Magistrate. Z says tha... | servant in the exercise of his powers. (d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of As deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder. (e) A attempts to pull Zs nose. Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, in as much as the provocation was giving by |
) A attempts to pull Zs nose. Z, in the exercise of the right of private defence, lays hold of A to ... | ) A attempts to pull Zs nose. Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, in as much as the provocation was giving by a thing done in the exercise of the right of private defence. (f) Z strikes B. B is by this provocation excited to violent rage.A, a bystander, intending to take advantage of Bs rage, and to cause him to kill Z, puts a knife into Bs hand for that purpose. |
a thing done in the exercise of the right of private defence. (f) Z strikes B. B is by this provoca... | a thing done in the exercise of the right of private defence. (f) Z strikes B. B is by this provocation excited to violent rage.A, a bystander, intending to take advantage of Bs rage, and to cause him to kill Z, puts a knife into Bs hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder. Exception 2.Culpable homicide is not murder if the offender in the exercise in good faith of the right of private defence of person or property, exceeds |
B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murd... | B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder. Exception 2.Culpable homicide is not murder if the offender in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence. Illustration. Z att |
the power given to him by law and causes the death of the person against whom he is exercising such... | the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence. Illustration. Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed |
empts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z p... | empts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide. Exception 3.Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doi |
murder, but only culpable homicide. Exception 3.Culpable homicide is not murder if the offender, bei... | murder, but only culpable homicide. Exception 3.Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without illwill towards the person whose death is caused. Exception 4.Culpable homicide is not murder if it is committed wit |
ng an act which he, in good faith, believes to be lawful and necessary for the due discharge of his ... | ng an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without illwill towards the person whose death is caused. Exception 4.Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual manner. Explanation.It is immaterial in such cases which party offers the provocation or |
hout premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the of... | hout premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offenders having taken undue advantage or acted in a cruel or unusual manner. Explanation.It is immaterial in such cases which party offers the provocation or commits the first assault. Exception 5.Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent. Illustration. A, by instigation, voluntaril |
commits the first assault. Exception 5.Culpable homicide is not murder when the person whose death ... | commits the first assault. Exception 5.Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent. Illustration. A, by instigation, voluntarily causes Z, a child to commit suicide. Here, on account of Zs youth, he was incapable of giving consent to his own death; A has therefore abetted murder.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY33_____________________________________________________________ |
y causes Z, a child to commit suicide. Here, on account of Zs youth, he was incapable of giving cons... | y causes Z, a child to commit suicide. Here, on account of Zs youth, he was incapable of giving consent to his own death; A has therefore abetted murder.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY33_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
102.If a person, by doing anything which he intends or knows to be likely to cause death, commits cu... | 102.If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause. 103.(1) Whoever commits murder shall be punished with death or imprisonment for life, |
by the offender is of the description of which it would have been if he had caused the death of the ... | by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause. 103.(1) Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine. (2) When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shal |
and shall also be liable to fine. (2) When a group of five or more persons acting in concert commits... | and shall also be liable to fine. (2) When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine. 104.Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death or with imprisonment for life, which shall mean the remainder |
l be punished with death or with imprisonment for life, and shall also be liable to fine. 104.Whoeve... | l be punished with death or with imprisonment for life, and shall also be liable to fine. 104.Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death or with imprisonment for life, which shall mean the remainder of that persons natural life. 105. Whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either description for a term which shall not be less than five years but which may extend to te |
of that persons natural life. 105. Whoever commits culpable homicide not amounting to murder, shall... | of that persons natural life. 105. Whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either description for a term which shall not be less than five years but which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may ex |
n years, and shall also be liable to fine, if the act by which the death is caused is done with the ... | n years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years and with fine, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death. 106.(1) Whoever causes death of any person by doi |
tend to ten years and with fine, if the act is done with the knowledge that it is likely to cause de... | tend to ten years and with fine, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death. 106.(1) Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if such act is done by a registered medical practiti |
ng any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment... | ng any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. Explanation.For the purposes of this subsection, registered medical practition |
oner while performing medical procedure, he shall be punished with imprisonment of either descriptio... | oner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. Explanation.For the purposes of this subsection, registered medical practitioner means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register or a State Medical Register under that Act. (2) Whoever caus |
er means a medical practitioner who possesses any medical qualification recognised under the Nationa... | er means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register or a State Medical Register under that Act. (2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a |
es death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, ... | es death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine. 107.If any child, any person of unsound mind, any delirious person or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be puni |
term which may extend to ten years, and shall also be liable to fine. 107.If any child, any person ... | term which may extend to ten years, and shall also be liable to fine. 107.If any child, any person of unsound mind, any delirious person or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine. 108.If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either d |
shed with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and sh... | shed with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine. 108.If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 109.(1) Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be |
escription for a term which may extend to ten years, and shall also be liable to fine. 109.(1) Whoev... | escription for a term which may extend to ten years, and shall also be liable to fine. 109.(1) Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishmen |
punished with imprisonment of either description for a term which may extend to ten years, and shall... | punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.Culpable homicide by causing death of person other than person whose death was intended. Punishment for murder. Punishment for murder by lifeconvict. Punishment for culpable homicide not amounting to murder. Causing death by |
t as is hereinbefore mentioned.Culpable homicide by causing death of person other than person whose ... | t as is hereinbefore mentioned.Culpable homicide by causing death of person other than person whose death was intended. Punishment for murder. Punishment for murder by lifeconvict. Punishment for culpable homicide not amounting to murder. Causing death by negligence. Abetment of suicide of child or person of unsound mind. Abetment of suicide. Attempt to murder.30 of 2019.34THE GAZETTE OF INDIA EXTRAORDINARYPart II_______________________________________________________________________________________________ |
negligence. Abetment of suicide of child or person of unsound mind. Abetment of suicide. Attempt to ... | negligence. Abetment of suicide of child or person of unsound mind. Abetment of suicide. Attempt to murder.30 of 2019.34THE GAZETTE OF INDIA EXTRAORDINARYPart II_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
(2) When any person offending under subsection (1) is under sentence of imprisonment for life, he ma... | (2) When any person offending under subsection (1) is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death or with imprisonment for life, which shall mean the remainder of that persons natural life. Illustrations. (a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued, A would be guilty of murder. A is liable to punishment under this section. (b) A, with the intention of causing the death of a child of tender years, exposes it in a |
A shoots at Z with intention to kill him, under such circumstances that, if death ensued, A would be... | A shoots at Z with intention to kill him, under such circumstances that, if death ensued, A would be guilty of murder. A is liable to punishment under this section. (b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensue. (c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence.A fires the gun at Z. He has committed the offence d |
desert place. A has committed the offence defined by this section, though the death of the child doe... | desert place. A has committed the offence defined by this section, though the death of the child does not ensue. (c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence.A fires the gun at Z. He has committed the offence defined in this section, and, if by such firing he wounds Z, he is liable to the punishment provided by the latter part of subsection (1). (d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in As keeping; A h |
efined in this section, and, if by such firing he wounds Z, he is liable to the punishment provided ... | efined in this section, and, if by such firing he wounds Z, he is liable to the punishment provided by the latter part of subsection (1). (d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in As keeping; A has not yet committed the offence defined in this section. A places the food on Zs table or delivers it to Zs servants to place it on Zs table. A has committed the offence defined in this section. 110.Whoever does any act with such intention or knowledge an |
as not yet committed the offence defined in this section. A places the food on Zs table or delivers ... | as not yet committed the offence defined in this section. A places the food on Zs table or delivers it to Zs servants to place it on Zs table. A has committed the offence defined in this section. 110.Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with bo |
d under such circumstances that, if he by that act caused death, he would be guilty of culpable homi... | d under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Illustration. A, on grave and sudden provocation, fires a pistol at Z, u |
th; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either ... | th; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Illustration. A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death, he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section. 111. (1)Any continuing unlawful activity including kidnapping, robbery, vehicle t |
nder such circumstances that if he thereby caused death, he would be guilty of culpable homicide not... | nder such circumstances that if he thereby caused death, he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section. 111. (1)Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, cybercrimes, trafficking of persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom, by any person or a group of persons acting in concert, singl |
heft, extortion, land grabbing, contract killing, economic offence, cybercrimes, trafficking of pers... | heft, extortion, land grabbing, contract killing, economic offence, cybercrimes, trafficking of persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom, by any person or a group of persons acting in concert, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, or by any other unlawful means to obtain direct or indirect material benefit including a financ |
y or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by ... | y or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, or by any other unlawful means to obtain direct or indirect material benefit including a financial benefit, shall constitute organised crime. Explanation.For the purposes of this subsection,–– (i) organised crime syndicate means a group of two or more persons who, acting either singly or jointly, as a syndicate or gang indulge in any continuing unla |
ial benefit, shall constitute organised crime. Explanation.For the purposes of this subsection,–– (i... | ial benefit, shall constitute organised crime. Explanation.For the purposes of this subsection,–– (i) organised crime syndicate means a group of two or more persons who, acting either singly or jointly, as a syndicate or gang indulge in any continuing unlawful activity; (ii) continuing unlawful activity means an activity prohibited by law which is a cognizable offence punishable with imprisonment of three years or more, undertaken by any person, either singly or jointly, as a member of an organised crime sy |
wful activity; (ii) continuing unlawful activity means an activity prohibited by law which is a cogn... | wful activity; (ii) continuing unlawful activity means an activity prohibited by law which is a cognizable offence punishable with imprisonment of three years or more, undertaken by any person, either singly or jointly, as a member of an organised crime syndicate orAttempt to commit culpable homicide. Organised crime.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY35_______________________________________________________________________________________________________________________________________________________ |
on behalf of such syndicate in respect of which more than one chargesheets have been filed before a ... | on behalf of such syndicate in respect of which more than one chargesheets have been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence, and includes economic offence; (iii) economic offence includes criminal breach of trust, forgery, counterfeiting of currencynotes, banknotes and Government stamps,hawalatransaction, massmarketing fraud or running any scheme to defraud several persons or doing any act in any manner with a view to defra |
offence includes criminal breach of trust, forgery, counterfeiting of currencynotes, banknotes and G... | offence includes criminal breach of trust, forgery, counterfeiting of currencynotes, banknotes and Government stamps,hawalatransaction, massmarketing fraud or running any scheme to defraud several persons or doing any act in any manner with a view to defraud any bank or financial institution or any other institution or organisation for obtaining monetary benefits in any form. (2) Whoever commits organised crime shall, (a) if such offence has resulted in the death of any person, be punished with death or imp |
ud any bank or financial institution or any other institution or organisation for obtaining monetary... | ud any bank or financial institution or any other institution or organisation for obtaining monetary benefits in any form. (2) Whoever commits organised crime shall, (a) if such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees; (b) in any other case, be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and sh |
risonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees; (... | risonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees; (b) in any other case, be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. (3) Whoever abets, attempts, conspires or knowingly facilitates the commission of an organised crime, or otherwise engages in any act preparatory to an organised crime, shall be puni |
all also be liable to fine which shall not be less than five lakh rupees. (3) Whoever abets, attempt... | all also be liable to fine which shall not be less than five lakh rupees. (3) Whoever abets, attempts, conspires or knowingly facilitates the commission of an organised crime, or otherwise engages in any act preparatory to an organised crime, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. (4) Any person who is a member of an organised crime sy |
shed with imprisonment for a term which shall not be less than five years but which may extend to im... | shed with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. (4) Any person who is a member of an organised crime syndicate shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. (5) Whoever, intentionally, harbou |
ndicate shall be punished with imprisonment for a term which shall not be less than five years but w... | ndicate shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. (5) Whoever, intentionally, harbours or conceals any person who has committed the offence of an organised crime shall be punished with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine which shal |
rs or conceals any person who has committed the offence of an organised crime shall be punished with... | rs or conceals any person who has committed the offence of an organised crime shall be punished with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees Provided that this subsection shall not apply to any case in which the harbour or concealment is by the spouse of the offender. (6) Whoever possesses any property derived or obtained from the commission of an organised c |
l not be less than five lakh rupees Provided that this subsection shall not apply to any case in whi... | l not be less than five lakh rupees Provided that this subsection shall not apply to any case in which the harbour or concealment is by the spouse of the offender. (6) Whoever possesses any property derived or obtained from the commission of an organised crime or proceeds of any organised crime or which has been acquired through the organised crime, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall also be liable |
rime or proceeds of any organised crime or which has been acquired through the organised crime, shal... | rime or proceeds of any organised crime or which has been acquired through the organised crime, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than two lakh rupees. (7) If any person on behalf of a member of an organised crime syndicate is, or at any time has been in possession of movable or immovable property which he cannot satisfactorily account for, shall be p |
to fine which shall not be less than two lakh rupees. (7) If any person on behalf of a member of an... | to fine which shall not be less than two lakh rupees. (7) If any person on behalf of a member of an organised crime syndicate is, or at any time has been in possession of movable or immovable property which he cannot satisfactorily account for, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for ten years and shall also be liable to fine which shall not be less than one lakh rupees. 112. (1) Whoever, being a member of a group or |
unishable with imprisonment for a term which shall not be less than three years but which may extend... | unishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for ten years and shall also be liable to fine which shall not be less than one lakh rupees. 112. (1) Whoever, being a member of a group or gang, either singly or jointly, commits any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers or any other similar criminal act, is said to commit petty orga |
gang, either singly or jointly, commits any act of theft, snatching, cheating, unauthorised selling... | gang, either singly or jointly, commits any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers or any other similar criminal act, is said to commit petty organised crime. Explanation.For the purposes of this subsection theft includes trick theft, theft from vehicle, dwelling house or business premises, cargo theft, pick pocketing, theft through card skimming, shoplifting and theft of Automated Teller Machine. ( |
nised crime. Explanation.For the purposes of this subsection theft includes trick theft, theft from ... | nised crime. Explanation.For the purposes of this subsection theft includes trick theft, theft from vehicle, dwelling house or business premises, cargo theft, pick pocketing, theft through card skimming, shoplifting and theft of Automated Teller Machine. (2) Whoever commits any petty organised crime shall be punished with imprisonment for a term which shall not be less than one year but which may extend to seven years, and shall also be liable to fine.Petty organised crime.36THE GAZETTE OF INDIA EXTRAORDINA |
2) Whoever commits any petty organised crime shall be punished with imprisonment for a term which sh... | 2) Whoever commits any petty organised crime shall be punished with imprisonment for a term which shall not be less than one year but which may extend to seven years, and shall also be liable to fine.Petty organised crime.36THE GAZETTE OF INDIA EXTRAORDINARYPart II_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
113.(1) Whoever does any act with the intent to threaten or likely to threaten the unity, integrity,... | 113.(1) Whoever does any act with the intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India or with the intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country,–– (a) by using bombs, dynamite or other explosive substance or inflammable substance or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substance (whether biological, |
ple in India or in any foreign country,–– (a) by using bombs, dynamite or other explosive substance ... | ple in India or in any foreign country,–– (a) by using bombs, dynamite or other explosive substance or inflammable substance or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substance (whether biological, radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause, (i) death of, or injury to, any person or persons; or (ii) loss of, or damage to, or destruction of, property; or (iii) disrupti |
radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature t... | radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause, (i) death of, or injury to, any person or persons; or (ii) loss of, or damage to, or destruction of, property; or (iii) disruption of any supplies or services essential to the life of the community in India or in any foreign country; or (iv) damage to, the monetary stability of India by way of production or smuggling or circulation of counterfeit Indian paper currency, coin or of a |
on of any supplies or services essential to the life of the community in India or in any foreign cou... | on of any supplies or services essential to the life of the community in India or in any foreign country; or (iv) damage to, the monetary stability of India by way of production or smuggling or circulation of counterfeit Indian paper currency, coin or of any other material; or (v) damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their |
ny other material; or (v) damage or destruction of any property in India or in a foreign country use... | ny other material; or (v) damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies; or (b) overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary; or (c) detains, kidnaps or abducts any person and threat |
agencies; or (b) overawes by means of criminal force or the show of criminal force or attempts to do... | agencies; or (b) overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary; or (c) detains, kidnaps or abducts any person and threatening to kill or injure such person or does any other act in order to compel the Government of India, any State Government or the Government of a foreign country or an international or intergovernmental organisation or any other person to do or abstain fro |
ening to kill or injure such person or does any other act in order to compel the Government of India... | ening to kill or injure such person or does any other act in order to compel the Government of India, any State Government or the Government of a foreign country or an international or intergovernmental organisation or any other person to do or abstain from doing any act, commit a terrorist act. Explanation.For the purpose of this subsection, (a) public functionary means the constitutional authorities or any other functionary notified in the Official Gazette by the Central Government as public functionary; |
m doing any act, commit a terrorist act. Explanation.For the purpose of this subsection, (a) public ... | m doing any act, commit a terrorist act. Explanation.For the purpose of this subsection, (a) public functionary means the constitutional authorities or any other functionary notified in the Official Gazette by the Central Government as public functionary; (b) counterfeit Indian currency means the counterfeit currency as may be declared after examination by an authorised or notified forensic authority that such currency imitates or compromises with the key security features of Indian currency. (2) Whoever co |
(b) counterfeit Indian currency means the counterfeit currency as may be declared after examination ... | (b) counterfeit Indian currency means the counterfeit currency as may be declared after examination by an authorised or notified forensic authority that such currency imitates or compromises with the key security features of Indian currency. (2) Whoever commits a terrorist act shall, (a) if such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall also be liable to fine; (b) in any other case, be punished with imprisonment for a term which shall not be |
mmits a terrorist act shall, (a) if such offence has resulted in the death of any person, be punishe... | mmits a terrorist act shall, (a) if such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall also be liable to fine; (b) in any other case, be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. (3) Whoever conspires or attempts to commit, or advocates, abets, advises or incites, directly or knowingly facilitates the commission of a terrorist act |
less than five years but which may extend to imprisonment for life, and shall also be liable to fine... | less than five years but which may extend to imprisonment for life, and shall also be liable to fine. (3) Whoever conspires or attempts to commit, or advocates, abets, advises or incites, directly or knowingly facilitates the commission of a terrorist act or any act preparatory to the commission of a terrorist act, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.Terrorist act.Sec. 1THE GAZE |
or any act preparatory to the commission of a terrorist act, shall be punished with imprisonment for... | or any act preparatory to the commission of a terrorist act, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.Terrorist act.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY37____________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
(4) Whoever organises or causes to be organised any camp or camps for imparting training in terroris... | (4) Whoever organises or causes to be organised any camp or camps for imparting training in terrorist act, or recruits or causes to be recruited any person or persons for commission of a terrorist act, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. (5) Any person who is a member of an organisation which is involved in terrorist act, shall be punished with imprisonment for a term which may |
hall not be less than five years but which may extend to imprisonment for life, and shall also be li... | hall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. (5) Any person who is a member of an organisation which is involved in terrorist act, shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine. (6) Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing that such person has committed a terrorist act shall be punished with imprisonment for a |
extend to imprisonment for life, and shall also be liable to fine. (6) Whoever voluntarily harbours... | extend to imprisonment for life, and shall also be liable to fine. (6) Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing that such person has committed a terrorist act shall be punished with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine Provided that this subsection shall not apply to any case in which the harbour or concealment is by the spouse of the offender. (7 |
term which shall not be less than three years but which may extend to imprisonment for life, and sha... | term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine Provided that this subsection shall not apply to any case in which the harbour or concealment is by the spouse of the offender. (7) Whoever knowingly possesses any property derived or obtained from commission of any terrorist act or acquired through the commission of any terrorist act shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall |
) Whoever knowingly possesses any property derived or obtained from commission of any terrorist act ... | ) Whoever knowingly possesses any property derived or obtained from commission of any terrorist act or acquired through the commission of any terrorist act shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine. Explanation.For the removal of doubts, it is hereby declared that the officer not below the rank of Superintendent of Police shall decide whether to register the case under this section or under the Unlawful Activities (Prevention) |
also be liable to fine. Explanation.For the removal of doubts, it is hereby declared that the office... | also be liable to fine. Explanation.For the removal of doubts, it is hereby declared that the officer not below the rank of Superintendent of Police shall decide whether to register the case under this section or under the Unlawful Activities (Prevention) Act, 1967. Of hurt 114.Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. 115.(1) Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hur |
Act, 1967. Of hurt 114.Whoever causes bodily pain, disease or infirmity to any person is said to cau... | Act, 1967. Of hurt 114.Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. 115.(1) Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said voluntarily to cause hurt. (2)Whoever, except in the case provided for by subsection (1) of section 122 voluntarily causes hurt, shall be punished with imprisonment of either description f |
t to any person, and does thereby cause hurt to any person, is said voluntarily to cause hurt. (2)Wh... | t to any person, and does thereby cause hurt to any person, is said voluntarily to cause hurt. (2)Whoever, except in the case provided for by subsection (1) of section 122 voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both. 116.The following kinds of hurt only are designated as grievous, namely–– (a) Emasculation; (b) Permanent privation of the sight of either eye; (c) |
or a term which may extend to one year, or with fine which may extend to ten thousand rupees, or wit... | or a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both. 116.The following kinds of hurt only are designated as grievous, namely–– (a) Emasculation; (b) Permanent privation of the sight of either eye; (c) Permanent privation of the hearing of either ear; (d) Privation of any member or joint; (e) Destruction or permanent impairing of the powers of any member or joint; (f) Permanent disfiguration of the head or face; (g) Fracture or dislocation of a bone or t |
Permanent privation of the hearing of either ear; (d) Privation of any member or joint; (e) Destruct... | Permanent privation of the hearing of either ear; (d) Privation of any member or joint; (e) Destruction or permanent impairing of the powers of any member or joint; (f) Permanent disfiguration of the head or face; (g) Fracture or dislocation of a bone or tooth; (h) Any hurt which endangers life or which causes the sufferer to be during the space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits. 117.(1) Whoever voluntarily causes hurt, if the hurt which he intends to cause or |
ooth; (h) Any hurt which endangers life or which causes the sufferer to be during the space of fifte... | ooth; (h) Any hurt which endangers life or which causes the sufferer to be during the space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits. 117.(1) Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said voluntarily to cause grievous hurt.Hurt. Voluntarily causing hurt. Grievous hurt. Voluntarily causing grievous hurt.37 of 1967.38THE GAZETTE OF |
knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hu... | knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said voluntarily to cause grievous hurt.Hurt. Voluntarily causing hurt. Grievous hurt. Voluntarily causing grievous hurt.37 of 1967.38THE GAZETTE OF INDIA EXTRAORDINARYPart II______________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |