BNS · 2023
Bharatiya Nyaya Sanhita
358 sections · Replaces the Indian Penal Code 1860
Chapter I · PRELIMINARY
- 1Short title, commencement and applicationThis section establishes the short title of the Act, delegates commencement to the Central Government by notification, and sets out the territorial and extra-territorial reach of the Sanhita. It makes every person liable for acts or omissions contrary to the Sanhita committed within India, and extends liability to Indian citizens abroad, persons on Indian-registered ships or aircraft, and persons outside India targeting Indian computer resources. It expressly preserves special and local laws dealing with military offences.⇆ IPC s.1
- 2DefinitionsThis section provides definitions of key terms used throughout the Sanhita, including 'act', 'animal', 'child', 'counterfeit', 'court', 'document', 'dishonestly', 'fraudulently', 'good faith', 'harbour', 'injury', 'illegal', 'judge', 'person', 'public servant', and others. The definitions govern interpretation of all provisions unless the context otherwise requires. Notable inclusions are electronic and digital records within the definition of 'document', and transgender persons within the gender-neutral pronoun usage.⇆ IPC s.2
- 3General explanationsThis section provides general explanatory rules applicable throughout the Sanhita. It clarifies that all offence definitions are subject to the General Exceptions chapter even when not expressly stated, that defined expressions carry the same meaning throughout, and that property held by a spouse, clerk, or servant is deemed in the principal's possession. It also codifies joint liability for common intention, liability for acts done with shared criminal knowledge, and the principle that cooperation in any one of several acts constituting an offence makes a person liable for the whole offence.⇆ IPC s.3
Chapter II · OF PUNISHMENTS
- 4PunishmentsThis section enumerates the types of punishments that may be imposed under the Sanhita. The prescribed punishments are death, imprisonment for life, rigorous or simple imprisonment, forfeiture of property, fine, and community service. Community service is a new addition not present in the IPC.⇆ IPC s.53
- 5Commutation of sentenceThis section empowers the appropriate Government to commute any punishment awarded under the Sanhita to any other punishment, without requiring the offender's consent, in accordance with the Bharatiya Nagarik Suraksha Sanhita, 2023. It defines 'appropriate Government' as the Central Government for death sentences or offences under Union subjects, and the State Government for offences under State subjects.⇆ IPC s.54
- 6Fractions of terms of punishmentThis section provides a rule for calculating fractions of punishment terms, stipulating that imprisonment for life shall be treated as equivalent to imprisonment for twenty years for this purpose, unless the statute provides otherwise.⇆ IPC s.57
- 7Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simpleThis section gives the sentencing court discretion, where an offence is punishable with imprisonment of either description (rigorous or simple), to direct that the imprisonment be wholly rigorous, wholly simple, or partly rigorous and partly simple.⇆ IPC s.60
- 8Amount of fine, liability in default of payment of fine, etcThis section governs the imposition and recovery of fines. Where no maximum fine is specified, the fine is unlimited but must not be excessive. Courts may direct imprisonment in default of payment of fine, subject to prescribed limits based on the nature of the offence and the amount of the fine. It also provides for proportional early release when part of the fine is paid, and allows levy of unpaid fines within six years of sentencing (or the duration of the sentence if longer). The death of the offender does not extinguish liability against their estate.⇆ IPC s.63
- 9Limit of punishment of offence made up of several offencesThis section prevents double punishment where an offence is composed of parts that are themselves offences, or where an act falls under multiple offence definitions. An offender cannot be punished more severely than the maximum for any single one of the constituent offences, unless the statute expressly provides otherwise.⇆ IPC s.71
- 10Punishment of person guilty of one of several offences, judgment stating that it is doubtful of whichThis section addresses the situation where a court finds a person guilty of one of several offences charged but cannot determine which specific offence was committed. In such cases, the offender must be sentenced to the punishment prescribed for the offence carrying the lowest penalty among those specified in the judgment.⇆ IPC s.72
- 11Solitary confinementEmpowers a court to order solitary confinement as part of a sentence of rigorous imprisonment. The maximum total period of solitary confinement is three months, scaled to the length of the overall sentence. The scale caps solitary confinement at one month for sentences up to six months, two months for sentences between six months and one year, and three months for sentences exceeding one year.⇆ IPC s.73
- 12Limit of solitary confinementRegulates the manner in which a sentence of solitary confinement is executed. No single continuous period of solitary confinement may exceed fourteen days, and intervals between periods must be at least as long as the periods themselves. Where the total imprisonment exceeds three months, solitary confinement in any one month must not exceed seven days.⇆ IPC s.74
- 13Enhanced punishment for certain offences after previous convictionProvides for enhanced punishment for repeat offenders convicted of certain serious offences. A person previously convicted of an offence under Chapter X or Chapter XVII carrying imprisonment of three years or more, who is again convicted of a similar offence under those chapters, is liable to imprisonment for life or imprisonment of either description for up to ten years.⇆ IPC s.75Imprisonment for life, or imprisonment of either description for a term which ma…
Chapter III · GENERAL EXCEPTIONS
- 14Act done by a person bound, or by mistake of fact believing himself bound, by lawCreates a general exception for acts done by a person who is legally bound to do them, or who in good faith and by reason of a mistake of fact (not law) believes themselves to be so bound. Such acts do not constitute offences. The illustrations cover a soldier obeying lawful orders and an officer arresting the wrong person due to a genuine factual mistake.⇆ IPC s.76
- 15Act of Judge when acting judiciallyProtects a Judge from criminal liability for acts done in the judicial exercise of any power that is, or that the Judge in good faith believes to be, conferred by law. The protection applies only when the Judge is acting judicially.⇆ IPC s.77
- 16Act done pursuant to judgment or order of CourtExempts from criminal liability any act done in pursuance of, or warranted by, a court's judgment or order, provided the order remains in force and the person acting under it in good faith believes the court had jurisdiction to pass it. The protection applies even if the court lacked actual jurisdiction.⇆ IPC s.78
- 17Act done by a person justified, or by mistake of fact believing himself justified, by lawCreates a general exception for acts done by a person who is justified by law, or who in good faith and by reason of a mistake of fact (not law) believes themselves to be so justified. The illustration covers a private person apprehending someone reasonably believed to be a murderer caught in the act.⇆ IPC s.79
- 18Accident in doing a lawful actExempts from criminal liability an act done by accident or misfortune, without criminal intention or knowledge, while doing a lawful act in a lawful manner by lawful means and with proper care and caution. All four conditions — lawful act, lawful manner, lawful means, and proper care — must be satisfied.⇆ IPC s.80
- 19Act likely to cause harm, but done without criminal intent, and to prevent other harmProvides that an act done with knowledge that it is likely to cause harm is not an offence if it is done without criminal intent and in good faith to prevent or avoid other harm to person or property. Whether the harm sought to be prevented was sufficiently imminent and serious to justify the risk is a question of fact.⇆ IPC s.81
- 20Act of a child under seven years of ageProvides an absolute exception from criminal liability for any act done by a child under seven years of age. No act of such a child can constitute an offence under the Sanhita.⇆ IPC s.82
- 21Act of a child above seven and under twelve years of age of immature understandingThis section provides a general exception for children above seven but under twelve years of age who lack sufficient maturity of understanding to appreciate the nature and consequences of their conduct. An act done by such a child is not an offence. The defence is not automatic — it requires proof that the child had not attained sufficient maturity on that particular occasion.⇆ IPC s.83
- 22Act of a person of unsound mindThis section provides a complete defence for a person of unsound mind who, at the time of the act, was incapable of knowing the nature of the act or that it was wrong or contrary to law. The incapacity must exist at the moment of the act and must be caused by unsoundness of mind. It is a general exception that negates criminal liability entirely.⇆ IPC s.84
- 23Act of a person incapable of judgment by reason of intoxication caused against his willThis section provides a defence where a person, due to involuntary intoxication, was incapable of knowing the nature of the act or that it was wrong or contrary to law. The critical condition is that the intoxicating substance was administered without the person's knowledge or against their will. Voluntary intoxication does not attract this exception.⇆ IPC s.85
- 24Offence requiring a particular intent or knowledge committed by one who is intoxicatedWhere an offence requires a particular intent or knowledge as an ingredient, a voluntarily intoxicated person is presumed to have had the same knowledge they would have had if sober. This section does not apply where the intoxication was involuntary, i.e., administered without the person's knowledge or against their will. It effectively prevents voluntary intoxication from being used to negate the mental element of an offence.⇆ IPC s.86
- 25Act not intended and not known to be likely to cause death or grievous hurt, done by consentAn act that is neither intended nor known to be likely to cause death or grievous hurt is not an offence if the person harmed is above eighteen years of age and has given express or implied consent to suffer that harm or to take the risk of it. This section protects consensual activities such as sports or games where some risk of harm is inherent. The consent must be that of a person above eighteen years of age.⇆ IPC s.87
- 26Act not intended to cause death, done by consent in good faith for person’s benefitAn act done in good faith for a person's benefit, and not intended to cause death, is not an offence on account of any harm it may cause, if that person has given express or implied consent to suffer the harm or take the risk. This section is broader than section 25 in that it covers acts known to be likely to cause harm (short of death), provided good faith and consent are present. The classic illustration is a surgeon performing a risky operation with the patient's consent.⇆ IPC s.88
- 27Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardianActs done in good faith for the benefit of a child under twelve or a person of unsound mind, by or with the consent of their guardian or lawful custodian, are not offences on account of any resulting harm. The exception is subject to important provisos: it does not cover intentional causing of or attempt to cause death, acts known likely to cause death (except to prevent death/grievous hurt or cure grievous disease), voluntary causing or attempt to cause grievous hurt (except for the same therapeutic purposes), or abetment of offences to which the exception would not otherwise extend.⇆ IPC s.89
- 28Consent known to be given under fear or misconceptionThis section defines when consent is legally invalid for the purposes of the Sanhita. Consent is vitiated if given under fear of injury or misconception of fact (and the doer knows or has reason to believe this), if given by a person incapable of understanding due to unsoundness of mind or intoxication, or if given by a person under twelve years of age. It is a definitional provision that limits the scope of consent-based defences.⇆ IPC s.90
- 29Exclusion of acts which are offences independently of harm causedThe consent-based exceptions in sections 25, 26, and 27 do not apply to acts that are independently offences regardless of any harm caused to the consenting person. The illustration makes clear that causing miscarriage (other than in good faith to save the woman's life) is an independent offence and cannot be justified by the woman's or guardian's consent.⇆ IPC s.91
- 30Act done in good faith for benefit of a person without consentAn act done in good faith for a person's benefit is not an offence even without that person's consent, where it is impossible to obtain consent or the person is incapable of consenting and no guardian is available in time. The exception does not extend to intentional causing of or attempt to cause death, acts known likely to cause death (except to prevent death/grievous hurt or cure grievous disease), voluntary causing or attempt to cause hurt (except to prevent death or hurt), or abetment of offences to which the exception would not extend. The Explanation clarifies that mere pecuniary benefit does not qualify as 'benefit' under this section or sections 26 and 27.⇆ IPC s.92
- 31Communication made in good faithA communication made in good faith for the benefit of the recipient is not an offence even if it causes harm to that person. The section protects honest disclosures made with benevolent intent. The illustration of a surgeon informing a patient of a fatal prognosis exemplifies the protection.⇆ IPC s.93
- 32Act to which a person is compelled by threatsAn act done under compulsion of threats that reasonably cause apprehension of instant death is not an offence, except for murder and offences against the State punishable with death. The defence is unavailable to a person who voluntarily placed himself in the situation of constraint. It also does not apply where the person joined a criminal gang of his own accord or under threat of harm short of instant death.⇆ IPC s.94
- 33Act causing slight harmAn act that causes, is intended to cause, or is likely to cause harm is not an offence if the harm is so trivial that a person of ordinary sense and temper would not complain of it. This section provides a de minimis exception to criminal liability.⇆ IPC s.95
- 34Things done in private defenceAny act done in the lawful exercise of the right of private defence is not an offence. This is a general saving provision that protects acts falling within the right of private defence as elaborated in subsequent sections.⇆ IPC s.96
- 35Right of private defence of body and of propertyEvery person has a right of private defence, subject to the restrictions in section 37, to defend their own body or the body of any other person against offences affecting the human body. The right also extends to defending movable or immovable property of oneself or another against theft, robbery, mischief, criminal trespass, or attempts to commit those offences.⇆ IPC s.97
- 36Right of private defence against act of a person of unsound mind, etcThe right of private defence exists even when the act being defended against is not technically an offence due to the actor's youth, immaturity, unsoundness of mind, intoxication, or misconception. The defender retains the same right of private defence as if the act were a full offence.⇆ IPC s.98
- 37Acts against which there is no right of private defenceThis section sets out three situations where the right of private defence does not arise: against acts by public servants acting in good faith that do not reasonably threaten death or grievous hurt; against acts done under direction of such public servants in similar circumstances; and where there is time to seek protection from public authorities. In all cases, the harm inflicted in private defence must not exceed what is necessary for defence.⇆ IPC s.99
- 38When right of private defence of body extends to causing deathThe right of private defence of the body extends to voluntarily causing death or any other harm to the assailant in seven specified circumstances, including apprehension of death or grievous hurt, assault with intent to commit rape or gratify unnatural lust, assault with intent to kidnap or abduct, wrongful confinement preventing recourse to public authorities, and acts of throwing or administering acid. This right is subject to the restrictions in section 37.⇆ IPC s.100
- 39When such right extends to causing any harm other than deathWhere the offence being defended against does not fall within the categories listed in section 38, the right of private defence of the body does not extend to causing death but does permit causing any other harm to the assailant. The restrictions in section 37 continue to apply.⇆ IPC s.101
- 40Commencement and continuance of right of private defence of bodyThe right of private defence of the body begins as soon as a reasonable apprehension of danger arises from an attempt or threat to commit an offence, even before the offence is actually committed. The right continues for as long as the reasonable apprehension of danger to the body persists.⇆ IPC s.102
- 41When right of private defence of property extends to causing deathThis section specifies the circumstances under which the right of private defence of property extends to causing death or any other harm to the wrongdoer. It applies when the offence triggering the right falls into one of four enumerated categories: robbery, nocturnal house-breaking, fire/explosive mischief on a dwelling or property-custody place, or theft/mischief/house-trespass that reasonably causes apprehension of death or grievous hurt. The right is subject to the restrictions in section 37.⇆ IPC s.103
- 42When such right extends to causing any harm other than deathWhere the offence triggering the right of private defence of property is theft, mischief, or criminal trespass but does not fall within the graver categories listed in section 41, the defender may cause any harm to the wrongdoer short of death. The right to cause death is expressly excluded in such cases, and the general restrictions of section 37 still apply.⇆ IPC s.104
- 43Commencement and continuance of right of private defence of propertyThis section defines when the right of private defence of property begins and how long it continues for each type of offence. The right commences upon a reasonable apprehension of danger to property and continues for varying durations depending on whether the threat is theft, robbery, criminal trespass, mischief, or nocturnal house-breaking, with each category having its own specific endpoint.⇆ IPC s.105
- 44Right of private defence against deadly assault when there is risk of harm to innocent personWhere a defender exercising the right of private defence against an assault that reasonably causes apprehension of death cannot do so without risking harm to an innocent bystander, the right extends to running that risk. The illustrated scenario of a mob attack clarifies that harm caused to innocent persons in such circumstances does not constitute an offence.⇆ IPC s.106
Chapter IV · OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT
- 45Abetment of a thingThis section defines 'abetment' by identifying three modes: instigation, conspiracy (where an act or illegal omission takes place in furtherance), and intentional aid by act or illegal omission. It clarifies that wilful misrepresentation or concealment of a material fact amounts to instigation, and that facilitating an act prior to or at the time of its commission constitutes aiding.⇆ IPC s.107
- 46AbettorThis section defines who is an 'abettor' and elaborates the concept through five explanations and multiple illustrations. Key principles include: the act abetted need not be committed for abetment to be complete; the person abetted need not be legally capable of committing an offence; abetment of an abetment is itself an offence; and a conspirator need not have directly concerted with the actual perpetrator.⇆ IPC s.108
- 47Abetment in India of offences outside IndiaA person in India who abets the commission of an act outside India that would constitute an offence if committed in India is treated as having abetted an offence under this Sanhita. This extends the territorial reach of abetment liability to cross-border instigation or facilitation originating from within India.⇆ IPC s.108A
- 48Abetment outside India for offence in IndiaA person outside India who abets the commission of an act in India that would constitute an offence if committed there is liable under this Sanhita. This provision extends jurisdiction to abettors located abroad who target acts to be carried out within India.
- 49Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishmentWhere abetment results in the actual commission of the abetted offence and no specific punishment for the abetment is provided elsewhere in the Sanhita, the abettor is punished with the same punishment as prescribed for the offence itself. The explanation clarifies that an offence is 'committed in consequence of abetment' whether it results from instigation, conspiracy, or aid.⇆ IPC s.109Same punishment as provided for the offence abetted.
- 50Punishment of abetment if person abetted does act with different intention from that of abettorWhere an abettor abets an offence but the person actually committing the act does so with a different intention or knowledge from that of the abettor, the abettor is punished according to the offence that would have been committed had the act been done with the abettor's own intention or knowledge. The abettor's liability is thus measured by their own mental state, not the principal's.⇆ IPC s.110Punishment provided for the offence that would have been committed if the act ha…
- 51Liability of abettor when one act abetted and different act doneAn abettor is liable for a different act actually done (not the one abetted) if that act was a probable consequence of the abetment and was committed under the influence of the instigation, aid, or conspiracy that constituted the abetment. The abettor is treated as if he had directly abetted the act actually done. Acts that are wholly distinct and not a probable consequence of the abetment do not attract this liability.⇆ IPC s.111
- 52Abettor when liable to cumulative punishment for act abetted and for act doneWhere an abettor is liable under section 51 for a different act done, and that different act is committed in addition to the abetted act and constitutes a distinct offence, the abettor is liable to cumulative punishment for each offence separately. This prevents an abettor from escaping punishment for the additional offence merely because it was not the one originally abetted.⇆ IPC s.112
- 53Liability of abettor for an effect caused by act abetted different from that intended by abettorWhen an abettor intends a particular effect from the abetted act but a different effect results, the abettor is liable for the effect actually caused—as if he had abetted the act with the intention of causing that effect—provided he knew the abetted act was likely to cause that different effect. Knowledge of the likely consequence is the key condition for this extended liability.⇆ IPC s.113
- 54Abettor present when offence is committedA person who would ordinarily be liable as an abettor (being absent) is deemed to have actually committed the offence if he is present at the time it is committed. Presence at the scene of the crime elevates the abettor's liability to that of a principal offender.⇆ IPC s.114
- 55Abetment of offence punishable with death or imprisonment for lifeThis section prescribes punishment for abetting an offence punishable with death or imprisonment for life where the offence is not actually committed and no express punishment for such abetment is provided elsewhere in the Sanhita. The punishment is enhanced if any act done in consequence of the abetment causes hurt to any person.⇆ IPC s.115Imprisonment of either description up to 7 years and fine; if any act in consequ…
- 56Abetment of offence punishable with imprisonmentThis section provides a residual punishment for abetting an offence punishable with imprisonment where the offence is not committed and no express punishment for the abetment is provided elsewhere. The punishment is a fraction of the maximum term for the principal offence, with a higher fraction applicable when either the abettor or the person abetted is a public servant whose duty it is to prevent that offence.⇆ IPC s.116Imprisonment of the description provided for the offence up to one-fourth of the…
- 57Abetting commission of offence by public or by more than ten personsThis section punishes abetment of an offence directed at the public generally or at a class or number of persons exceeding ten. It targets wide-scale instigation or incitement that could lead to mass commission of an offence.⇆ IPC s.117Imprisonment of either description up to 7 years and fine.
- 58Concealing design to commit offence punishable with death or imprisonment for lifeThis section penalises a person who voluntarily conceals—by act, omission, use of encryption, or any information-hiding tool—the existence of a design to commit an offence punishable with death or imprisonment for life, or makes a false representation about such design, intending or knowing it likely to facilitate that offence. The punishment differs depending on whether the offence is ultimately committed.⇆ IPC s.118If the offence is committed: imprisonment of either description up to 7 years; i…
- 59Public servant concealing design to commit offence which it is his duty to preventThis section imposes enhanced liability on a public servant who, in breach of his official duty to prevent an offence, voluntarily conceals—by act, omission, encryption, or any information-hiding tool—the existence of a design to commit that offence, or makes a false representation about such design. Punishment is calibrated according to whether the offence is committed and its severity.⇆ IPC s.119If the offence is committed: up to one-half of the longest term of imprisonment …
- 60Concealing design to commit offence punishable with imprisonmentThis section punishes any person who voluntarily conceals—by act or illegal omission—the existence of a design to commit an offence punishable with imprisonment, or makes a false representation about such design, intending or knowing it likely to facilitate that offence. The punishment is a fraction of the maximum term for the principal offence, varying with whether the offence is ultimately committed.⇆ IPC s.120If the offence is committed: imprisonment of the description provided for the of…
- 61Criminal conspiracyDefines criminal conspiracy as an agreement between two or more persons to do an illegal act, or a legal act by illegal means. For conspiracies not involving a cognizable offence, an overt act beyond the agreement itself is required. Punishment varies depending on the gravity of the offence that is the object of the conspiracy.⇆ IPC s.120A and s.120BFor conspiracy to commit an offence punishable with death, life imprisonment, or…
- 62Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonmentCreates a residual punishment for attempts to commit offences punishable with imprisonment for life or other imprisonment, where no specific provision for attempt exists in the Sanhita. The punishment is capped at half the maximum imprisonment prescribed for the completed offence.⇆ IPC s.511Imprisonment of any description up to one-half of the imprisonment for life or o…
Chapter V · OF OFFENCES AGAINST WOMAN AND CHILD
- 63RapeDefines the offence of rape by specifying four categories of penetrative or oral sexual acts committed by a man against a woman under any of seven enumerated circumstances, including without consent, under fear, fraud, or where the woman is under 18 or unable to communicate consent. Consent is defined as an unequivocal voluntary agreement, and mere absence of physical resistance does not constitute consent.⇆ IPC s.375
- 64Punishment for rapePrescribes punishment for rape, with a basic punishment of rigorous imprisonment of not less than 10 years extendable to life, and an enhanced punishment of rigorous imprisonment for the remainder of natural life for aggravated categories such as rape by police officers, public servants, armed forces personnel, jail/hospital staff, relatives, during communal violence, on pregnant or disabled women, or repeated rape.⇆ IPC s.376Sub-section (1): Rigorous imprisonment not less than 10 years, extendable to lif…
- 65Punishment for rape in certain casesPrescribes enhanced punishment for rape of a woman under 16 years of age (minimum 20 years to life) and for rape of a woman under 12 years of age (minimum 20 years to life or death). In both cases, fine must be just and reasonable to cover medical expenses and rehabilitation, and must be paid to the victim.⇆ IPC s.376ABUnder 16 years: Rigorous imprisonment not less than 20 years, extendable to impr…
- 66Punishment for causing death or resulting in persistent vegetative state of victimPrescribes enhanced punishment where rape committed under section 64(1) or 64(2) results in the death of the victim or leaves her in a persistent vegetative state. The punishment is rigorous imprisonment for not less than 20 years extendable to natural life imprisonment, or death.⇆ IPC s.376ARigorous imprisonment not less than 20 years, extendable to imprisonment for the…
- 67Sexual intercourse by husband upon his wife during separationPunishes a husband who has sexual intercourse with his wife living separately (whether under a decree of separation or otherwise) without her consent. The acts constituting 'sexual intercourse' are the same as those defined in section 63(a) to (d).⇆ IPC s.376BImprisonment of either description not less than 2 years, extendable to 7 years,…
- 68Sexual intercourse by a person in authorityPunishes persons in positions of authority, fiduciary relationships, public service, custodial management, or hospital management/staff who abuse their position to induce or seduce a woman in their custody, charge, or on their premises to have sexual intercourse, where such intercourse does not amount to rape.⇆ IPC s.376CRigorous imprisonment of either description not less than 5 years, extendable to…
- 69Sexual intercourse by employing deceitful means, etcPunishes a person who has sexual intercourse with a woman by deceitful means or by making a false promise of marriage without any intention of fulfilling it, where such intercourse does not amount to rape. 'Deceitful means' is defined to include false promises of employment, promotion, or marriage by suppressing identity.Imprisonment of either description up to 10 years, and fine.
- 70Gang rapeProvides that where a woman is raped by one or more persons acting as a group or in furtherance of a common intention, each person is deemed to have committed rape. Enhanced punishment applies, with a minimum of 20 years to natural life imprisonment and fine; where the victim is under 18, the punishment is natural life imprisonment and fine, or death.⇆ IPC s.376DSub-section (1) (victim any age): Rigorous imprisonment not less than 20 years, …
- 71Punishment for repeat offendersThis section prescribes enhanced punishment for repeat offenders who have previously been convicted under sections 64, 65, 66, or 70 and are subsequently convicted under any of those same sections. The punishment is imprisonment for life, meaning the remainder of the person's natural life, or death. It is a specific recidivism provision targeting sexual offences.⇆ IPC s.376EImprisonment for life (remainder of natural life) or death.
- 72Disclosure of identity of victim of certain offences, etcThis section prohibits printing or publishing the name or any identifying information of a victim of specified sexual offences. It provides limited exceptions for authorised disclosures by police, the victim, or next of kin in prescribed circumstances. Violation is punishable with imprisonment up to two years and fine.⇆ IPC s.228AImprisonment of either description for a term which may extend to two years, and…
- 73Printing or publishing any matter relating to Court proceedings without permissionThis section makes it an offence to print or publish any matter relating to court proceedings concerning the offences referred to in section 72 without the prior permission of the court. Publication of judgments of the High Court or Supreme Court is expressly excluded from the offence.⇆ IPC s.228AImprisonment of either description for a term which may extend to two years, and…
- 74Assault or use of criminal force to woman with intent to outrage her modestyThis section penalises assault or use of criminal force against a woman with the intent to outrage, or with knowledge that it is likely to outrage, her modesty. It carries a mandatory minimum sentence of one year's imprisonment. The offence is commonly known as 'outraging the modesty of a woman'.⇆ IPC s.354Imprisonment of either description for a term not less than one year and which m…
- 75Sexual harassmentThis section defines and penalises sexual harassment of a woman by a man, covering four categories of conduct: unwelcome physical contact with explicit sexual overtures, demands for sexual favours, showing pornography against a woman's will, and making sexually coloured remarks. The punishment differs depending on which category of conduct is committed.⇆ IPC s.354AFor acts under clauses (i), (ii), or (iii): rigorous imprisonment up to three ye…
- 76Assault or use of criminal force to woman with intent to disrobeThis section penalises assault or use of criminal force against a woman, or abetment of such act, with the intention of disrobing her or compelling her to be naked. It carries a mandatory minimum of three years' imprisonment.⇆ IPC s.354BImprisonment of either description for a term not less than three years and whic…
- 77VoyeurismThis section penalises voyeurism, defined as watching or capturing the image of a woman engaged in a private act in circumstances where she would reasonably expect privacy, or disseminating such images. Enhanced punishment applies on second or subsequent conviction. Consent to capture but not to dissemination is also covered.⇆ IPC s.354CFirst conviction: imprisonment of either description not less than one year and …
- 78StalkingThis section defines and penalises stalking by a man, covering both physical following with repeated contact attempts despite clear disinterest, and monitoring a woman's internet or electronic communications. Three defences are available to the accused. Enhanced punishment applies on second or subsequent conviction.⇆ IPC s.354DFirst conviction: imprisonment of either description up to three years, and fine…
- 79Word, gesture or act intended to insult modesty of a womanThis section penalises any person who, intending to insult the modesty of a woman, utters words, makes sounds or gestures, exhibits any object, or intrudes upon her privacy. The offence is directed at conduct intended to be perceived by the woman.⇆ IPC s.509Simple imprisonment for a term which may extend to three years, and fine.
- 80Dowry deathThis section defines 'dowry death' and prescribes punishment for it. Where a woman dies within seven years of marriage under abnormal circumstances (burns, bodily injury, or otherwise) and it is shown she was subjected to dowry-related cruelty or harassment shortly before her death, the husband or his relative is deemed to have caused her death. The minimum sentence is seven years.⇆ IPC s.304BImprisonment for a term not less than seven years and which may extend to impris…
- 81Cohabitation caused by man deceitfully inducing belief of lawful marriagePunishes a man who deceives a woman into believing she is lawfully married to him and thereby induces her to cohabit or have sexual intercourse with him in that false belief. The offence is complete when the woman acts on the deceit-induced belief. Only men can be the offender under this section.⇆ IPC s.493Imprisonment of either description for a term which may extend to 10 years, and …
- 82Marrying again during lifetime of husband or wifeCreates two tiers of bigamy offences: simple bigamy (marrying while a spouse is alive, rendering the second marriage void) punishable up to 7 years, and aggravated bigamy where the prior marriage is concealed from the second spouse, punishable up to 10 years. Two exceptions apply — a court-declared void prior marriage, and a spouse continually absent and unheard of for seven years (provided the second party is informed of the true facts).⇆ IPC s.494Sub-section (1): Imprisonment of either description up to 7 years and fine. Sub-…
- 83Marriage ceremony fraudulently gone through without lawful marriagePunishes any person who dishonestly or with fraudulent intent goes through a marriage ceremony knowing that the ceremony does not result in a lawful marriage. The offence targets sham or fraudulent marriage ceremonies regardless of the gender of the accused.⇆ IPC s.496Imprisonment of either description for a term which may extend to 7 years, and f…
- 84Enticing or taking away or detaining with criminal intent a married womanPunishes taking, enticing away, concealing, or detaining a married woman with the intent that she may have illicit intercourse with any person. Knowledge or reasonable belief that the woman is another man's wife is an essential element.⇆ IPC s.498Imprisonment of either description for a term which may extend to 2 years, or fi…
- 85Husband or relative of husband of a woman subjecting her to crueltyPunishes a husband or any relative of the husband who subjects a woman to cruelty. The term 'cruelty' is defined in section 86 and covers both physical/mental harm and harassment for unlawful demands.⇆ IPC s.498AImprisonment for a term which may extend to 3 years, and fine.
- 86Cruelty definedDefines 'cruelty' for the purposes of section 85. It covers two categories: (a) wilful conduct likely to drive the woman to suicide or cause grave injury or danger to her life, limb, or health (mental or physical); and (b) harassment to coerce the woman or her relatives to meet any unlawful demand for property or valuable security, or harassment on account of failure to meet such demand.⇆ IPC s.498A (Explanation)
- 87Kidnapping, abducting or inducing woman to compel her marriage, etcPunishes kidnapping or abducting a woman to compel or likely compel her to marry against her will, or to force or seduce her to illicit intercourse. It also punishes inducing a woman to go from any place through criminal intimidation, abuse of authority, or other compulsion with the same intent.⇆ IPC s.366Imprisonment of either description for a term which may extend to 10 years, and …
- 88Causing miscarriagePunishes voluntarily causing a pregnant woman to miscarry, unless done in good faith to save the woman's life. A higher punishment applies if the woman is quick with child. Notably, a woman who causes herself to miscarry is also covered by this section.⇆ IPC s.312If the woman is not quick with child: imprisonment of either description up to 3…
- 89Causing miscarriage without woman’s consentCreates an aggravated form of the miscarriage offence under section 88 where the miscarriage is caused without the woman's consent. The absence of consent applies regardless of whether the woman is quick with child, and the punishment is significantly higher, extending to life imprisonment.⇆ IPC s.313Imprisonment for life, or imprisonment of either description for a term which ma…
- 90Death caused by act done with intent to cause miscarriagePunishes an act done with intent to cause miscarriage of a pregnant woman that results in the woman's death. Sub-section (2) provides for enhanced punishment (up to life imprisonment) where the act was done without the woman's consent. Importantly, it is not necessary that the offender knew the act was likely to cause death.⇆ IPC s.314Sub-section (1): Imprisonment of either description up to 10 years, and fine. Su…
- 91Act done with intent to prevent child being born alive or to cause to die after birthThis section penalises any act done before a child's birth with the intention of preventing it from being born alive or causing it to die after birth, where that act actually achieves either result. The offence does not apply where the act is done in good faith to save the mother's life.⇆ IPC s.316Imprisonment of either description for a term which may extend to 10 years, or f…
- 92Causing death of quick unborn child by act amounting to culpable homicideThis section creates a specific offence for causing the death of a quick (viable/moving) unborn child by an act that, had it caused the death of a person, would have amounted to culpable homicide. It bridges the gap between culpable homicide (which requires a living person) and harm to an unborn child.⇆ IPC s.316Imprisonment of either description for a term which may extend to 10 years, and …
- 93Exposure and abandonment of child under twelve years of age, by parent or person having care of itThis section punishes a parent or any person having care of a child under twelve years of age who exposes or leaves the child in any place with the intention of wholly abandoning it. An explanatory note preserves the possibility of a murder or culpable homicide charge if the child dies as a result of the exposure.⇆ IPC s.317Imprisonment of either description for a term which may extend to 7 years, or fi…
- 94Concealment of birth by secret disposal of dead bodyThis section penalises the intentional concealment of a child's birth by secretly burying or otherwise disposing of the child's dead body, regardless of whether the child died before, during, or after birth.⇆ IPC s.318Imprisonment of either description for a term which may extend to 2 years, or fi…
- 95Hiring, employing or engaging a child to commit an offenceThis section makes it an offence to hire, employ, or engage a child to commit any offence. Where the offence is actually committed by the child, the person who hired or engaged the child is also liable to the punishment prescribed for that offence as if they had committed it personally. The Explanation expressly includes using a child for sexual exploitation or pornography.Imprisonment of either description for not less than 3 years and which may exten…
- 96Procuration of childThis section penalises the procuration of a child by any means, specifically inducing a child to go from any place or to do any act with the intent or knowledge that the child will be forced or seduced into illicit intercourse with another person.⇆ IPC s.366AImprisonment which may extend to 10 years, and fine.
- 97Kidnapping or abducting child under ten years of age with intent to steal from its personThis section punishes the kidnapping or abduction of a child under ten years of age where the purpose is to dishonestly take movable property from the person of that child.⇆ IPC s.369Imprisonment of either description for a term which may extend to 7 years, and f…
- 98Selling child for purposes of prostitution, etcThis section penalises selling, letting for hire, or otherwise disposing of a child with the intent or knowledge that the child will be employed or used for prostitution, illicit intercourse, or any unlawful and immoral purpose at any age. A rebuttable presumption of such intent arises when a female under eighteen is disposed of to a prostitute or brothel-keeper.⇆ IPC s.372Imprisonment of either description for a term which may extend to 10 years, and …
- 99Buying child for purposes of prostitution, etcThis section penalises buying, hiring, or otherwise obtaining possession of a child with the intent or knowledge that the child will be employed or used for prostitution, illicit intercourse, or any unlawful and immoral purpose at any age. A rebuttable presumption of such intent applies when a prostitute or brothel-keeper obtains possession of a female under eighteen.⇆ IPC s.373Imprisonment of either description for not less than 7 years and which may exten…
Chapter VI · OF OFFENCES AFFECTING THE HUMAN BODY
- 100Culpable homicideThis section defines the offence of culpable homicide as causing death by an act done with the intention of causing death, with the intention of causing bodily injury likely to cause death, or with knowledge that the act is likely to cause death. Three Explanations address acceleration of death, intervening medical treatment, and the status of an unborn child.⇆ IPC s.299
- 101MurderDefines when culpable homicide rises to the level of murder, setting out four alternative mental-state/knowledge tests. It also enumerates five exceptions (grave and sudden provocation, excess of private defence, public servant acting in good faith, sudden fight, and consent of the deceased) under which culpable homicide does not amount to murder.⇆ IPC s.300
- 102Culpable homicide by causing death of person other than person whose death was intendedCodifies the 'transfer of intention' or 'transferred malice' doctrine: where an accused intends or knows his act is likely to cause death to one person but actually kills a different person, the culpable homicide is treated as if the accused had killed the intended victim. The character of the offence (murder or culpable homicide) is determined by reference to the original intention.⇆ IPC s.301
- 103Punishment for murderPrescribes punishment for murder. Sub-section (1) covers ordinary murder; sub-section (2) creates an aggravated category for mob/group murders (five or more persons acting in concert) motivated by identity-based grounds such as race, caste, community, sex, place of birth, language, or personal belief.⇆ IPC s.302Death or imprisonment for life, and fine (s.103(1)). For group/mob murder on ide…
- 104Punishment for murder by life-convictProvides an enhanced punishment for a person who is already serving a sentence of imprisonment for life and commits murder while under that sentence. The court may impose death, or a life sentence that explicitly means the remainder of the convict's natural life.⇆ IPC s.303Death, or imprisonment for life meaning the remainder of that person's natural l…
- 105Punishment for culpable homicide not amounting to murderPrescribes punishment for culpable homicide not amounting to murder, creating two tiers based on the mental element: a higher tier where the act was done with intention to cause death or likely-fatal injury, and a lower tier where the act was done with knowledge that it was likely to cause death but without any such intention.⇆ IPC s.304Higher tier (intentional): imprisonment for life, or imprisonment of either desc…
- 106Causing death by negligencePunishes causing death by a rash or negligent act that does not amount to culpable homicide. It creates three distinct sub-categories: general rash/negligent acts (up to 5 years), acts by registered medical practitioners during medical procedures (up to 2 years), and rash/negligent driving where the driver flees without reporting to police or a Magistrate (up to 10 years).⇆ IPC s.304AGeneral: imprisonment of either description up to 5 years, and fine. Registered …
- 107Abetment of suicide of child or person of unsound mindCreates a specific and more severely punished offence of abetting suicide where the person who commits suicide is a child, a person of unsound mind, a delirious person, or a person in a state of intoxication — categories considered incapable of giving meaningful consent or exercising independent judgment.⇆ IPC s.305Death, or imprisonment for life, or imprisonment up to 10 years, and fine.
- 108Abetment of suicidePunishes abetment of suicide in the general case, i.e., where the person who commits suicide is an adult of sound mind. The punishment is significantly lower than under s.107 which covers vulnerable categories.⇆ IPC s.306Imprisonment of either description up to 10 years, and fine.
- 109Attempt to murderPunishes attempt to commit murder. The section creates two tiers: a basic tier where the attempt causes no hurt, and an aggravated tier where hurt is caused. A further aggravated provision applies when the person attempting murder is already serving a life sentence and causes hurt.⇆ IPC s.307Basic (no hurt): imprisonment of either description up to 10 years, and fine. Ag…
- 110Attempt to commit culpable homicidePunishes attempt to commit culpable homicide not amounting to murder. Like s.109, it distinguishes between attempts that cause hurt and those that do not, with higher punishment where hurt results.⇆ IPC s.308Basic (no hurt): imprisonment of either description up to 3 years, or fine, or b…
- 111Organised crimeDefines 'organised crime' as any continuing unlawful activity (kidnapping, robbery, extortion, cyber-crimes, trafficking, etc.) carried out by a person or group acting as or on behalf of an organised crime syndicate, using violence, intimidation or other unlawful means to obtain material benefit. The section also defines key terms such as 'organised crime syndicate', 'continuing unlawful activity', and 'economic offence'. It creates multiple distinct offences: committing, abetting/facilitating, membership, harbouring, and possession of proceeds.If the offence results in death: death or imprisonment for life + fine not less …
- 112Petty organised crimeCreates the offence of 'petty organised crime', covering acts such as theft (in its various forms), snatching, cheating, unauthorised ticket-selling, unauthorised betting or gambling, and selling of public examination question papers, when committed by a member of a group or gang. The Explanation broadly defines 'theft' to include trick theft, vehicle theft, pick-pocketing, card skimming, shoplifting, and ATM theft.Imprisonment not less than 1 year up to 7 years, and also liable to fine.
- 113Terrorist actDefines and punishes 'terrorist act' — any act done with intent to threaten or likely to threaten India's unity, integrity, sovereignty, security or economic security, or to strike terror in people, by using explosives, firearms, hazardous substances, criminal force against public functionaries, or by kidnapping/detaining persons to compel governments or organisations. Multiple ancillary offences are created for conspiracy, abetment, organising training camps, recruitment, membership, harbouring, and possession of proceeds.If the act results in death: death or imprisonment for life + fine. In any other…
- 114HurtThis is a definitional section that defines 'hurt' as causing bodily pain, disease, or infirmity to any person. It does not create a standalone punishable offence by itself.⇆ IPC s.319
- 115Voluntarily causing hurtDefines 'voluntarily causing hurt' as doing an act with the intention or knowledge of likely causing hurt, and actually causing hurt thereby. It also prescribes punishment for voluntarily causing hurt (except in cases covered by s.122(1)).⇆ IPC s.323Imprisonment of either description up to 1 year, or fine up to ₹10,000, or both.
- 116Grievous hurtThis is a definitional section that enumerates the eight categories of injury that qualify as 'grievous hurt', including emasculation, permanent loss of sight or hearing, loss of a limb or joint, permanent disfiguration of the head or face, fracture or dislocation of a bone or tooth, and any hurt endangering life or causing severe bodily pain or incapacity for 15 days. It does not itself create a punishable offence.⇆ IPC s.320
- 117Voluntarily causing grievous hurtDefines 'voluntarily causing grievous hurt' and prescribes graduated punishments. The basic offence carries up to 7 years imprisonment; an aggravated form resulting in permanent disability or persistent vegetative state carries a mandatory minimum of 10 years up to life imprisonment. A group offence provision (5 or more persons acting in concert on discriminatory grounds) also attracts up to 7 years.⇆ IPC s.325Basic offence (s.117(2)): imprisonment of either description up to 7 years + fin…
- 118Voluntarily causing hurt or grievous hurt by dangerous weapons or means
- 119Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act
- 120Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of propertyPunishes voluntarily causing hurt or grievous hurt for the purpose of extorting a confession, obtaining information leading to detection of an offence or misconduct, or compelling restoration of property or satisfaction of a claim. The illustrations specifically target police and revenue officers who torture persons in custody.⇆ IPC s.330Voluntarily causing hurt for the above purposes (s.120(1)): imprisonment of eith…
- 121Voluntarily causing hurt or grievous hurt to deter public servant from his dutyPenalises voluntarily causing hurt or grievous hurt to a public servant while they are discharging their duty, or with intent to prevent/deter them from doing so, or in consequence of their lawful acts. Sub-section (1) covers simple hurt; sub-section (2) covers grievous hurt with a mandatory minimum sentence.⇆ IPC s.332 and s.333S.121(1) – Hurt: imprisonment of either description up to 5 years, or fine, or b…
- 122Voluntarily causing hurt or grievous hurt on provocationProvides a mitigated punishment for voluntarily causing hurt or grievous hurt when the act is committed on grave and sudden provocation, provided the accused neither intended nor knew themselves likely to hurt anyone other than the provoker. The section is subject to the same proviso as Exception 1 of section 101.⇆ IPC s.334 and s.335S.122(1) – Hurt on provocation: imprisonment of either description up to 1 month…
- 123Causing hurt by means of poison, etc., with intent to commit an offenceCriminalises the administration of poison, stupefying, intoxicating, or unwholesome drugs or other substances to a person with intent to cause hurt, to commit or facilitate an offence, or with knowledge that hurt is likely to result.⇆ IPC s.328Imprisonment of either description up to 10 years, and fine.
- 124Voluntarily causing grievous hurt by use of acid, etc
- 125Act endangering life or personal safety of othersPunishes rash or negligent acts that endanger human life or the personal safety of others, with escalating penalties depending on whether hurt or grievous hurt is actually caused.⇆ IPC s.336, s.337, s.338Base offence (no injury): imprisonment of either description up to 3 months, or …
- 126Wrongful restraintDefines wrongful restraint as voluntarily obstructing a person from proceeding in a direction they have a right to proceed, and prescribes punishment for it. A good-faith belief in a lawful right to obstruct a private way is excepted.⇆ IPC s.339 and s.341Simple imprisonment up to 1 month, or fine up to ₹5,000, or both.
- 127Wrongful confinementDefines wrongful confinement as restraining a person within circumscribing limits, and prescribes a graduated set of punishments depending on the duration of confinement and the purpose for which it is carried out, including aggravated forms for secret confinement and confinement for extortion.⇆ IPC s.340, s.342, s.343, s.344, s.345, s.346, s.347, s.348S.127(2) – Basic: imprisonment of either description up to 1 year, or fine up to…
- 128ForceDefines 'force' for the purposes of the BNS as causing motion, change of motion, or cessation of motion to another person or to a substance that comes into contact with that person, provided the cause is the actor's own bodily power, a pre-arranged disposition of substances, or the inducement of an animal.⇆ IPC s.349
- 129Criminal forceDefines 'criminal force' as the intentional use of force to a person without their consent, either to commit an offence or intending/knowing it likely to cause injury, fear, or annoyance to that person. The section is accompanied by eight illustrations covering diverse factual scenarios.⇆ IPC s.350
- 130AssaultDefines 'assault' as making any gesture or preparation intending or knowing it likely to cause a person present to apprehend that criminal force is about to be used against them. Mere words alone do not constitute assault, but words can give meaning to gestures so as to make them amount to assault.⇆ IPC s.351
- 131Punishment for assault or criminal force otherwise than on grave provocationPunishes assault or use of criminal force against a person where the act is not provoked by grave and sudden provocation from the victim. Two explanations clarify that provocation self-induced, provocation arising from lawful acts of public servants, or provocation from lawful exercise of private defence will not mitigate punishment, and whether provocation was grave and sudden is a question of fact.⇆ IPC s.352Imprisonment of either description up to 3 months, or fine up to ₹1,000, or both…
- 132Assault or criminal force to deter public servant from discharge of his dutyPunishes assault or use of criminal force against a public servant who is executing his duty, or with intent to prevent or deter him from doing so, or in retaliation for anything done by him in lawful discharge of duty.⇆ IPC s.353Imprisonment of either description up to 2 years, or fine, or both.
- 133Assault or criminal force with intent to dishonour person, otherwise than on grave provocationPunishes assault or use of criminal force against a person with the specific intent to dishonour that person, provided the act is not occasioned by grave and sudden provocation from the victim.⇆ IPC s.355Imprisonment of either description up to 2 years, or fine, or both.
- 134Assault or criminal force in attempt to commit theft of property carried by a personPunishes assault or use of criminal force against a person in the course of attempting to commit theft of property that the person is wearing or carrying at the time.⇆ IPC s.356Imprisonment of either description up to 2 years, or fine, or both.
- 135Assault or criminal force in attempt to wrongfully confine a personPunishes assault or use of criminal force against a person in an attempt to wrongfully confine that person.⇆ IPC s.357Imprisonment of either description up to 1 year, or fine up to ₹5,000, or both.
- 136Assault or criminal force on grave provocationProvides a lesser punishment for assault or use of criminal force where the act is committed on grave and sudden provocation given by the victim. The same explanations applicable to section 131 apply here.⇆ IPC s.358Simple imprisonment up to 1 month, or fine up to ₹1,000, or both.
- 137Kidnapping
- 138AbductionDefines abduction: compelling a person by force or inducing a person by deceitful means to go from any place. This is a definitional provision and does not itself prescribe punishment.⇆ IPC s.362
- 139Kidnapping or maiming a child for purposes of beggingPunishes kidnapping or obtaining custody of a child for the purpose of using the child for begging, and separately punishes maiming a child for the same purpose. A statutory presumption operates against any non-guardian found employing a child for begging. The section also defines 'begging' exhaustively.⇆ IPC s.363ASub-section (1): Rigorous imprisonment not less than 10 years and up to life, pl…
- 140Kidnapping or abducting in order to murder or for ransom, etc
- 141Importation of girl or boy from foreign countryThis section penalises the importation of girls under 21 or boys under 18 into India from a foreign country with the intent or knowledge that they will be forced or seduced into illicit intercourse with another person. It targets cross-border trafficking for sexual exploitation of minors and young adults.⇆ IPC s.366BImprisonment up to 10 years and fine.
- 142Wrongfully concealing or keeping in confinement, kidnapped or abducted personThis section makes it an offence to wrongfully conceal or confine a person whom the accused knows to have been kidnapped or abducted. The accused is treated as if they had themselves committed the kidnapping or abduction with the same intention or purpose for which they conceal or detain the victim.⇆ IPC s.368Same punishment as applicable to the underlying kidnapping or abduction offence …
- 143Trafficking of personThis section defines and punishes the offence of trafficking in persons. It covers recruitment, transport, harbouring, transfer, or receipt of persons for exploitation through threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement. The victim's consent is expressly irrelevant, and punishment escalates based on the number of victims, involvement of children, repeat offences, and whether the offender is a public servant or police officer.⇆ IPC s.370Rigorous imprisonment not less than 7 years, extendable to 10 years, and fine (b…
- 144Exploitation of a trafficked person
- 145Habitual dealing in slavesThis section punishes habitual dealing in slaves, covering a wide range of activities including importing, exporting, removing, buying, selling, trafficking, or dealing in slaves on a habitual basis. It imposes severe penalties reflecting the gravity of repeated engagement in slave trade.⇆ IPC s.371Imprisonment for life, or imprisonment of either description up to 10 years, and…
- 146Unlawful compulsory labourThis section penalises any person who unlawfully compels another person to labour against that person's will. It is a short provision protecting individual liberty against forced labour.⇆ IPC s.374Imprisonment of either description up to 1 year, or fine, or both.
Chapter VII · OF OFFENCES AGAINST THE STATE
- 147Waging, or attempting to wage war, or abetting waging of war, against Government of IndiaThis section is the foundational provision against waging war against the Government of India. It covers the actual waging of war, any attempt to wage such war, and abetment of the waging of such war, all of which attract the most severe punishments available under the law.⇆ IPC s.121Death, or imprisonment for life, and fine.
- 148Conspiracy to commit offences punishable by section 147This section punishes conspiracy to commit offences under section 147 (waging war against the Government of India) or conspiracy to overawe the Central or any State Government by criminal force or show of criminal force. Notably, the conspiracy is complete even if no overt act is committed in furtherance of it, and the offence applies whether the conspiracy is formed within or outside India.⇆ IPC s.121AImprisonment for life, or imprisonment of either description up to 10 years, and…
- 149Collecting arms, etc., with intention of waging war against Government of IndiaThis section targets preparatory acts for waging war against the Government of India, specifically the collection of men, arms, or ammunition, or other preparations, with the intention of waging or being prepared to wage such war. It criminalises the preparatory stage before an actual attempt or waging of war.⇆ IPC s.122Imprisonment for life, or imprisonment of either description up to 10 years, and…
- 150Concealing with intent to facilitate design to wage warThis section penalises a person who conceals the existence of a design to wage war against the Government of India, either intending by such concealment to facilitate the waging of war or knowing it to be likely that the concealment will facilitate it. It targets those who aid conspirators by suppressing knowledge of their plans.⇆ IPC s.123Imprisonment of either description up to 10 years, and fine.
- 151Assaulting President, Governor, etc., with intent to compel or restrain exercise of any lawful powerThis section penalises anyone who assaults, wrongfully restrains, attempts to wrongfully restrain, or overawes (by criminal force or its show) the President of India or a State Governor with the intent to compel or prevent them from exercising their lawful powers. The offence targets coercive acts directed at the highest constitutional executives. Both completed acts and attempts are covered.⇆ IPC s.124Imprisonment of either description for a term which may extend to 7 years, and a…
- 152Act endangering sovereignty, unity and integrity of IndiaThis section criminalises purposely or knowingly exciting or attempting to excite secession, armed rebellion, or subversive activities, or encouraging separatist feelings, or endangering the sovereignty, unity, and integrity of India — through any medium including speech, writing, signs, electronic communication, or financial means. An Explanation carves out lawful criticism of government measures aimed at obtaining change through legal channels. It is the BNS replacement for the repealed sedition provision.⇆ IPC s.124AImprisonment for life, or imprisonment which may extend to 7 years, and also lia…
- 153Waging war against Government of any foreign State at peace with Government of IndiaThis section punishes waging war, attempting to wage war, or abetting the waging of war against the government of any foreign State that is at peace with the Government of India. It protects India's international relations and obligations of neutrality. All three modes — actual waging, attempt, and abetment — are covered.⇆ IPC s.125Imprisonment for life (with fine), or imprisonment of either description for a t…
- 154Committing depredation on territories of foreign State at peace with Government of IndiaThis section penalises committing depredation (plundering or pillaging) or making preparations to commit depredation on the territories of a foreign State at peace with India. It also provides for forfeiture of property used or intended to be used in, or acquired by, such depredation. Both the completed act and preparatory acts are punishable.⇆ IPC s.126Imprisonment of either description for a term which may extend to 7 years, and a…
- 155Receiving property taken by war or depredation mentioned in sections 153 and 154This section punishes a person who receives property knowing it was taken in the commission of the offences defined in sections 153 (waging war against a friendly foreign State) or 154 (depredation on territories of a friendly foreign State). It targets those who knowingly benefit from such internationally harmful acts. Forfeiture of the received property is also ordered.⇆ IPC s.127Imprisonment of either description for a term which may extend to 7 years, and a…
- 156Public servant voluntarily allowing prisoner of State or war to escapeThis section applies exclusively to public servants who have custody of a State prisoner or prisoner of war and who voluntarily allow such a prisoner to escape from confinement. The voluntary nature of the act distinguishes it from the negligence-based offence in section 157. The punishment is severe, extending to life imprisonment.⇆ IPC s.128Imprisonment for life, or imprisonment of either description for a term which ma…
- 157Public servant negligently suffering such prisoner to escapeThis section punishes a public servant who has custody of a State prisoner or prisoner of war and negligently (as opposed to voluntarily) allows such prisoner to escape from confinement. The lesser mental element of negligence attracts a significantly lower punishment than the voluntary escape under section 156. Only simple imprisonment is prescribed.⇆ IPC s.129Simple imprisonment for a term which may extend to 3 years, and also liable to f…
- 158Aiding escape of, rescuing or harbouring such prisonerThis section punishes any person (not limited to public servants) who knowingly aids or assists a State prisoner or prisoner of war in escaping, rescues or attempts to rescue such a prisoner, harbours or conceals an escaped prisoner, or resists or attempts to resist the recapture of such a prisoner. The Explanation clarifies that a prisoner on parole who goes beyond permitted limits is deemed to have escaped from lawful custody.⇆ IPC s.130Imprisonment for life, or imprisonment of either description for a term which ma…
Chapter VIII · OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE
- 159Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his dutyThis section penalises abetting mutiny by, or attempting to seduce from allegiance or duty, any officer, soldier, sailor, or airman of the Army, Navy, or Air Force of the Government of India. It covers both abetment of mutiny and attempts to undermine military loyalty. The offence is complete even if mutiny does not actually occur (contrast with section 160).⇆ IPC s.131Imprisonment for life, or imprisonment of either description for a term which ma…
- 160Abetment of mutiny, if mutiny is committed in consequence thereofThis section provides an aggravated form of the offence in section 159: where a person abets mutiny by armed forces personnel and mutiny is actually committed in consequence of that abetment, the punishment is enhanced to include the death penalty. The causal link between the abetment and the actual mutiny is the key distinguishing element from section 159.⇆ IPC s.132Death, or imprisonment for life, or imprisonment of either description for a ter…
- 161Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his officePunishes anyone who abets an assault by a member of the Indian Army, Navy, or Air Force on a superior officer who is in the execution of his office. The offence is complete at the stage of abetment, regardless of whether the assault actually takes place. A fine is also imposable in addition to imprisonment.⇆ IPC s.132Imprisonment of either description for a term which may extend to 3 years, and f…
- 162Abetment of such assault, if assault committedThis section punishes abetment of an assault by a member of the Indian armed forces on a superior officer where the assault is actually committed as a consequence of that abetment. It is an aggravated form of the offence under section 161, attracting a higher punishment because the assault materialised.⇆ IPC s.133Imprisonment of either description for a term which may extend to 7 years, and f…
- 163Abetment of desertion of soldier, sailor or airmanPunishes any person who abets the desertion of an officer, soldier, sailor, or airman from the Indian Army, Navy, or Air Force. The section targets civilians or others who encourage or facilitate desertion from the armed forces.⇆ IPC s.135Imprisonment of either description for a term which may extend to 2 years, or fi…
- 164Harbouring deserterPunishes a person who knowingly harbours a deserter from the Indian Army, Navy, or Air Force. The section carves out an exception for the spouse of the deserter, who cannot be prosecuted for providing such harbour.⇆ IPC s.136Imprisonment of either description for a term which may extend to 2 years, or fi…
- 165Deserter concealed on board merchant vessel through negligence of masterImposes a civil penalty on the master or person in charge of a merchant vessel on board which a deserter from the Indian armed forces is concealed, even if the master was unaware of the concealment, provided the concealment could have been discovered but for the master's neglect of duty or want of discipline on board.⇆ IPC s.137Penalty not exceeding Rs. 3,000.
- 166Abetment of act of insubordination by soldier, sailor or airmanPunishes a person who abets an act of insubordination by a member of the Indian armed forces, where the abettor knew the act to be one of insubordination and the act was actually committed in consequence of the abetment.⇆ IPC s.138Imprisonment of either description for a term which may extend to 2 years, or fi…
- 167Persons subject to certain ActsThis is a savings/exclusion clause providing that persons subject to the Air Force Act 1950, the Army Act 1950, or the Navy Act 1957 are not liable to punishment under this Chapter of the BNS for offences defined therein. It prevents double jeopardy between the BNS and service-specific military legislation.⇆ IPC s.139
- 168Wearing garb or carrying token used by soldier, sailor or airmanPunishes a civilian who wears military garb or carries a military token resembling those used by soldiers, sailors, or airmen of the Government of India, with the intention of being believed to be such a person. The offence targets impersonation of armed forces personnel.⇆ IPC s.140Imprisonment of either description for a term which may extend to 3 months, or f…
Chapter IX · OF OFFENCES RELATING TO ELECTIONS
- 169Candidate, electoral right definedThis is a definitional section for Chapter IX (Offences Relating to Elections). It defines 'candidate' as a person nominated at any election, and 'electoral right' as the right to stand or not stand as a candidate, to withdraw from candidature, or to vote or refrain from voting.⇆ IPC s.171A
- 170BriberyDefines and punishes the offence of electoral bribery, which covers both giving gratification to induce or reward the exercise of an electoral right and accepting gratification as a reward for exercising or inducing the exercise of such a right. A declaration of public policy or a promise of public action is expressly excluded from the offence.⇆ IPC s.171BNot specified in this section; punishment is provided elsewhere in the Chapter.
- 171Undue influence at electionsThis section defines the offence of undue influence at elections as any voluntary interference with the free exercise of an electoral right. It specifically includes threatening a candidate or voter with injury, or inducing belief in divine or spiritual displeasure. Declarations of public policy, promises of public action, or lawful exercise of a legal right without intent to interfere are expressly excluded.⇆ IPC s.171C
- 172Personation at electionsThis section defines the offence of personation at elections, which covers applying for a voting paper in another person's name (living, dead, or fictitious), voting twice under one's own name, or abetting such conduct. Authorised proxy voters acting within the law are expressly exempted.⇆ IPC s.171D
- 173Punishment for briberyThis section prescribes punishment for the offence of bribery at elections. The general punishment is imprisonment and/or fine, but where bribery takes the form of 'treating' (providing food, drink, entertainment, or provision), only a fine may be imposed.⇆ IPC s.171EImprisonment of either description for a term up to one year, or fine, or both; …
- 174Punishment for undue influence or personation at an electionThis section prescribes the punishment for the offences of undue influence and personation at an election, both of which are defined in sections 171 and 172 respectively. The punishment is the same for both offences.⇆ IPC s.171FImprisonment of either description for a term up to one year, or fine, or both.
- 175False statement in connection with an electionThis section punishes the making or publishing of false statements of fact about the personal character or conduct of a candidate, where the maker knows or believes the statement to be false or does not believe it to be true, and the intent is to affect the election result.⇆ IPC s.171GFine only.
- 176Illegal payments in connection with an electionThis section penalises a person who incurs or authorises election-related expenses (such as public meetings, advertisements, circulars, or publications) to promote a candidate's election without the candidate's written authority. A proviso allows retrospective written approval within ten days for expenses not exceeding ten rupees.⇆ IPC s.171HFine up to ten thousand rupees.
- 177Failure to keep election accountsThis section penalises a person who is legally required to maintain accounts of election expenses but fails to do so. The obligation to keep accounts must arise from a law or a rule having the force of law.⇆ IPC s.171IFine up to five thousand rupees.
Chapter X · OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS
- 178Counterfeiting coin, Government stamps, currency-notes or bank-notesThis section creates the offence of counterfeiting coin, Government revenue stamps, currency-notes, or bank-notes, and also covers knowingly performing any part of the counterfeiting process. The section provides detailed explanations of what constitutes 'bank-note', 'coin', and the acts that amount to counterfeiting.⇆ IPC s.489AImprisonment for life, or imprisonment of either description for a term up to te…
- 179Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-notesThis section punishes the import, export, sale, delivery, purchase, receipt, trafficking, or use as genuine of any forged or counterfeit coin, Government stamp, currency-note, or bank-note, where the accused knows or has reason to believe it to be forged or counterfeit.⇆ IPC s.489BImprisonment for life, or imprisonment of either description for a term up to te…
- 180Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notesThis section punishes possession of forged or counterfeit coin, Government stamp, currency-note, or bank-note where the possessor knows or has reason to believe it to be forged or counterfeit and intends to use it as genuine. An explanation provides that establishing a lawful source of possession is a defence.⇆ IPC s.489CImprisonment of either description for a term up to seven years, or fine, or bot…
- 181Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency-notes or bank-notesThis section penalises anyone who makes, mends, buys, sells, disposes of, or possesses any machinery, die, instrument, or material intended or known to be intended for forging or counterfeiting coins, Government revenue stamps, currency-notes, or bank-notes. The offence covers every stage of the process, from manufacture to mere possession of the relevant tools or materials.⇆ IPC s.233–235 (read with s.257)Imprisonment for life, or imprisonment of either description for a term which ma…
- 182Making or using documents resembling currency-notes or bank-notesThis section prohibits making, causing to be made, using, or delivering any document that purports to be or closely resembles a currency-note or bank-note in a manner calculated to deceive. It also penalises a named person on such a document who refuses to disclose the printer's identity to police, and creates a rebuttable presumption that a person whose name appears on such a document caused it to be made.⇆ IPC s.489ESub-section (1): Fine which may extend to three hundred rupees. Sub-section (2):…
- 183Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to GovernmentThis section targets fraudulent removal or effacement of writing from a revenue-stamped document, or removal of a used stamp from a document, with the intent of reusing that stamp on a different document, thereby causing loss to the Government.⇆ IPC s.262Imprisonment of either description for a term which may extend to three years, o…
- 184Using Government stamp known to have been before usedThis section penalises the fraudulent reuse of a Government revenue stamp that the accused knows has already been used once, thereby causing or intending to cause loss to the Government.⇆ IPC s.263Imprisonment of either description for a term which may extend to two years, or …
- 185Erasure of mark denoting that stamp has been usedThis section penalises the fraudulent erasure or removal of a cancellation mark from a Government revenue stamp (to make it appear unused), as well as knowing possession, sale, or disposal of such a stamp from which the cancellation mark has been removed or which has already been used.⇆ IPC s.263AImprisonment of either description for a term which may extend to three years, o…
- 186Prohibition of fictitious stampsThis section prohibits making, uttering, dealing in, selling, using for postal purposes, or possessing fictitious stamps, as well as making or possessing dies, plates, instruments, or materials for making fictitious stamps. It defines 'fictitious stamp' and extends the meaning of 'Government' for this and related sections to include authorities administering executive government in any part of India or any foreign country.⇆ IPC s.263AFine which may extend to two hundred rupees. Additionally, the stamp, die, plate…
- 187Person employed in mint causing coin to be of different weight or composition from that fixed by lawThis section targets employees of a lawfully established Indian mint who intentionally act or omit to act so as to cause coins issued from that mint to deviate in weight or composition from the legally prescribed standard.⇆ IPC s.244Imprisonment of either description for a term which may extend to seven years, a…
- 188Unlawfully taking coining instrument from mintThis section penalises any person who, without lawful authority, removes a coining tool or instrument from a lawfully established mint in India.⇆ IPC s.245Imprisonment of either description for a term which may extend to seven years, a…
Chapter XI · OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY
- 189Unlawful assemblyThis section defines 'unlawful assembly' as a gathering of five or more persons with a common object falling within specified categories of coercive or criminal purpose, and creates multiple graduated offences for membership, armed membership, refusal to disperse, hiring/harbouring members, and going armed for hire. Penalties range from six months to two years depending on the specific sub-offence.⇆ IPC s.141–158Sub-section (2): Imprisonment of either description up to six months, or fine, o…
- 190Every member of unlawful assembly guilty of offence committed in prosecution of common objectThis section establishes the principle of constructive liability for members of an unlawful assembly: every member present at the time an offence is committed by any member in prosecution of the common object, or an offence the members knew was likely to be committed, is equally guilty of that offence.⇆ IPC s.149
- 191RiotingDefines the offence of rioting as the use of force or violence by an unlawful assembly or any member thereof in furtherance of the assembly's common object. Every member of such assembly is guilty. Enhanced punishment applies when a rioter is armed with a deadly weapon or anything likely to cause death.⇆ IPC s.146, s.148Basic rioting (s.191(2)): imprisonment of either description up to 2 years, or f…
- 192Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committedPenalises a person who malignantly or wantonly gives provocation by doing something illegal, intending or knowing it likely to cause rioting. The punishment differs depending on whether rioting actually results from the provocation.⇆ IPC s.153If rioting is committed in consequence: imprisonment of either description up to…
- 193Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes placeImposes a duty on owners, occupiers, and persons with an interest in land where an unlawful assembly or riot occurs to give earliest notice to the nearest police station and to use all lawful means to prevent or disperse the assembly or riot. Failure to do so attracts a fine. Additional liability is placed on persons for whose benefit a riot is committed, and on their agents or managers.⇆ IPC s.154, s.155, s.156Fine not exceeding ₹1,000 (s.193(1)); fine (amount unspecified) for s.193(2) and…
- 194AffrayDefines affray as fighting by two or more persons in a public place that disturbs the public peace. It is a minor public order offence carrying a short term of imprisonment or a modest fine.⇆ IPC s.160Imprisonment of either description up to 1 month, or fine up to ₹1,000, or both.
- 195Assaulting or obstructing public servant when suppressing riot, etcCreates two distinct offences: (1) actually assaulting, obstructing, or using criminal force against a public servant engaged in dispersing an unlawful assembly or suppressing a riot or affray; and (2) threatening or attempting to do the same. Both carry imprisonment, and the actual assault carries a mandatory minimum fine.⇆ IPC s.152s.195(1): imprisonment of either description up to 3 years, or fine not less tha…
- 196Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmonyProhibits promoting enmity, disharmony, or ill-will between different religious, racial, linguistic, regional, caste, or community groups through words, signs, electronic communication, or acts prejudicial to public tranquillity, as well as organising or participating in activities intended to train participants in criminal force or violence against such groups. An aggravated offence is committed when the act is done in a place of worship or during religious ceremonies.⇆ IPC s.153ABasic offence (s.196(1)): imprisonment up to 3 years, or fine, or both. Aggravat…
- 197Imputations, assertions prejudicial to national integrationPenalises making or publishing imputations that any class of persons cannot bear true faith to the Constitution or uphold India's sovereignty and integrity, asserting denial of citizenship rights on group grounds, making appeals likely to cause enmity between groups, or publishing false or misleading information jeopardising India's sovereignty, unity, integrity, or security. An aggravated offence applies when committed in a place of worship or during religious ceremonies.⇆ IPC s.153BBasic offence (s.197(1)): imprisonment up to 3 years, or fine, or both. Aggravat…
Chapter XII · OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS
- 198Public servant disobeying law, with intent to cause injury to any personPenalises a public servant who knowingly disobeys a legal direction governing how he must conduct himself in his official capacity, with the intent to cause or knowledge that he is likely to cause injury to any person by such disobedience.⇆ IPC s.166Simple imprisonment up to 1 year, or fine, or both.
- 199Public servant disobeying direction under lawPenalises a public servant who knowingly disobeys legal directions prohibiting requiring attendance for investigation, or who disobeys directions regulating the manner of investigation to the prejudice of any person, or who fails to record information given under the specified provision of the Bharatiya Nagarik Suraksha Sanhita 2023 in relation to certain cognizable offences. The punishment includes a mandatory minimum term of rigorous imprisonment.⇆ IPC s.166ARigorous imprisonment for not less than 6 months and up to 2 years, and fine.
- 200Punishment for non-treatment of victimPenalises the person in charge of any hospital — whether public or private, run by Central Government, State Government, local bodies, or any other person — who contravenes the provision of the Bharatiya Nagarik Suraksha Sanhita 2023 relating to treatment of victims.⇆ IPC s.166BImprisonment up to 1 year, or fine, or both.
- 201Public servant framing an incorrect document with intent to cause injuryPenalises a public servant who, while charged with preparing or translating a document or electronic record, does so in a manner known or believed to be incorrect, with intent to cause or knowledge of likelihood of causing injury to any person.⇆ IPC s.167Imprisonment of either description for a term up to 3 years, or fine, or both.
- 202Public servant unlawfully engaging in tradePenalises a public servant who, being legally prohibited from engaging in trade by virtue of that office, nonetheless engages in trade.⇆ IPC s.168Simple imprisonment for a term up to 1 year, or fine, or both, or community serv…
- 203Public servant unlawfully buying or bidding for propertyPenalises a public servant who, being legally prohibited from purchasing or bidding for certain property, does so either in his own name, in another's name, jointly, or in shares with others. The property, if purchased, is additionally liable to confiscation.⇆ IPC s.169Simple imprisonment for a term up to 2 years, or fine, or both; and the property…
- 204Personating a public servantPenalises any person who falsely pretends to hold a public servant's office (knowing he does not hold it) or impersonates another person holding such office, and in that assumed character does or attempts to do any act under colour of that office.⇆ IPC s.170Imprisonment of either description for a term not less than 6 months and up to 3…
- 205Wearing garb or carrying token used by public servant with fraudulent intentPenalises a person who, not belonging to a particular class of public servants, wears the garb or carries a token resembling that used by such class, with the intention or knowledge that it is likely to be believed that he belongs to that class.⇆ IPC s.171Imprisonment of either description for a term up to 3 months, or fine up to ₹5,0…
Chapter XIII · OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
- 206Absconding to avoid service of summons or other proceedingPenalises a person who absconds to avoid being served with a summons, notice, or order issued by a legally competent public servant. A higher punishment applies where the summons/notice/order requires attendance or production of documents before a Court.⇆ IPC s.172(a) General: Simple imprisonment up to 1 month, or fine up to ₹5,000, or both. (…
- 207Preventing service of summons or other proceeding, or preventing publication thereofPenalises intentional prevention of service of a summons, notice, or order on oneself or another, removal or obstruction of lawfully affixed notices, or prevention of a lawful proclamation by a competent public servant. Enhanced punishment applies where the process relates to attendance or document production before a Court.⇆ IPC s.173(a) General: Simple imprisonment up to 1 month, or fine up to ₹5,000, or both. (…
- 208Non-attendance in obedience to an order from public servantPenalises a person who, being legally bound to attend at a specified place and time in obedience to a summons, notice, order, or proclamation from a competent public servant, intentionally fails to attend or departs before the lawful time. A higher punishment applies where the attendance is required before a Court.⇆ IPC s.174(a) General: Simple imprisonment up to 1 month, or fine up to ₹5,000, or both. (…
- 209Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023Penalises a person who fails to appear at the specified place and time as required by a proclamation published under the Bharatiya Nagarik Suraksha Sanhita, 2023. A significantly enhanced punishment applies where the person has been declared a proclaimed offender under that provision.⇆ IPC s.174AImprisonment up to 3 years, or fine, or both, or community service. Where a decl…
- 210Omission to produce document or electronic record to public servant by person legally bound to produce itPenalises a person who, being legally bound to produce or deliver a document or electronic record to a public servant, intentionally omits to do so. A higher punishment applies where the document or electronic record is to be produced before a Court.⇆ IPC s.175(a) General: Simple imprisonment up to 1 month, or fine up to ₹5,000, or both. (…
- 211Omission to give notice or information to public servant by person legally bound to give itPenalises a person who is legally obligated to give notice or furnish information to a public servant but intentionally fails to do so in the required manner and time. The punishment varies depending on whether the omission relates to ordinary matters, to offences/apprehension of offenders, or to an order under section 394 of the BNSS 2023.⇆ IPC s.176(a) Simple imprisonment up to 1 month, or fine up to ₹5,000, or both; (b) where …
- 212Furnishing false informationPunishes a person who, being legally bound to furnish information to a public servant, knowingly or with reason to believe furnishes false information as if it were true. Enhanced punishment applies when the false information relates to commission or prevention of an offence or apprehension of an offender.⇆ IPC s.177(a) Simple imprisonment up to 6 months, or fine up to ₹5,000, or both; (b) where…
- 213Refusing oath or affirmation when duly required by public servant to make itMakes it an offence to refuse to bind oneself by an oath or affirmation to state the truth when lawfully required to do so by a competent public servant.⇆ IPC s.178Simple imprisonment up to 6 months, or fine up to ₹5,000, or both.
- 214Refusing to answer public servant authorised to questionPenalises a person who is legally bound to state the truth on a subject to a public servant but refuses to answer questions put to him by that public servant in the exercise of the servant's legal powers.⇆ IPC s.179Simple imprisonment up to 6 months, or fine up to ₹5,000, or both.
- 215Refusing to sign statementCreates an offence of refusing to sign a statement made by the accused when a legally competent public servant requires the signature on that statement.⇆ IPC s.180Simple imprisonment up to 3 months, or fine up to ₹3,000, or both.
- 216False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmationPunishes a person who, being legally bound by oath or affirmation to state the truth before a public servant or other person authorised to administer such oath, makes a false statement knowing or believing it to be false or not believing it to be true.⇆ IPC s.181Imprisonment of either description up to 3 years, and also liable to fine.
- 217False information, with intent to cause public servant to use his lawful power to injury of another personPenalises giving false information to a public servant with the intent or knowledge that it will cause the public servant to act or omit to act in a manner he otherwise would not, or to use his lawful power to injure or annoy another person.⇆ IPC s.182Imprisonment of either description up to 1 year, or fine up to ₹10,000, or both.
- 218Resistance to taking of property by lawful authority of a public servantMakes it an offence to offer resistance to the taking of any property by a public servant acting under lawful authority, when the accused knows or has reason to believe the person is a public servant.⇆ IPC s.183Imprisonment of either description up to 6 months, or fine up to ₹10,000, or bot…
- 219Obstructing sale of property offered for sale by authority of public servantPenalises intentional obstruction of a sale of property that is being conducted under the lawful authority of a public servant.⇆ IPC s.184Imprisonment of either description up to 1 month, or fine up to ₹5,000, or both.
- 220Illegal purchase or bid for property offered for sale by authority of public servantPunishes a person who, at a public servant-authorised sale, purchases or bids for property on behalf of someone known to be legally incapacitated from purchasing at that sale, or who bids without intending to fulfil the obligations arising from the bid.⇆ IPC s.185Imprisonment of either description up to 1 month, or fine up to ₹200, or both.
- 221Obstructing public servant in discharge of public functionsPenalises any person who voluntarily obstructs a public servant while that servant is discharging official functions. The obstruction must be voluntary, not accidental. The section covers any form of wilful interference with the discharge of public duties.⇆ IPC s.186Imprisonment of either description up to 3 months, or fine up to ₹2,500, or both…
- 222Omission to assist public servant when bound by law to give assistancePunishes a person who is legally bound to assist a public servant in the execution of public duty but intentionally fails to do so. A higher punishment applies where the assistance was demanded for specific urgent purposes such as executing a court process, preventing an offence, suppressing a riot or affray, or apprehending a person.⇆ IPC s.187Clause (a): Simple imprisonment up to 1 month, or fine up to ₹2,500, or both. Cl…
- 223Disobedience to order duly promulgated by public servantPunishes knowing disobedience of an order lawfully promulgated by a public servant directing a person to abstain from an act or to deal with property in a specified manner. A higher punishment applies where the disobedience causes or tends to cause danger to human life, health or safety, or a riot or affray. Importantly, intent to cause harm is not required; knowledge of the order and likelihood of harm suffices.⇆ IPC s.188Clause (a): Simple imprisonment up to 6 months, or fine up to ₹2,500, or both. C…
- 224Threat of injury to public servantPenalises anyone who threatens injury to a public servant, or to a person in whom the public servant is believed to be interested, with the purpose of inducing that public servant to do, forbear, or delay any act connected with the exercise of official functions.⇆ IPC s.189Imprisonment of either description up to 2 years, or fine, or both.
- 225Threat of injury to induce person to refrain from applying for protection to public servantPunishes a person who threatens injury to another person in order to deter that person from making a legal application for protection to a public servant who is legally empowered to give such protection. The section targets coercion aimed at preventing persons from seeking lawful official protection.⇆ IPC s.190Imprisonment of either description up to 1 year, or fine, or both.
- 226Attempt to commit suicide to compel or restrain exercise of lawful powerCreates an offence of attempting to commit suicide with the specific intent to compel or restrain a public servant from discharging official duty. This provision does not punish suicide attempts generally but only those used as a coercive tool against public servants in the exercise of their official functions.⇆ IPC s.309Simple imprisonment up to 1 year, or fine, or both, or community service.
Chapter XIV · OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE
- 227Giving false evidenceDefines the act of giving false evidence. A person gives false evidence when, being legally bound by oath or by law to state the truth or make a declaration, they make a statement they know or believe to be false or do not believe to be true. The definition covers both verbal and non-verbal statements and extends to false statements about one's own belief.⇆ IPC s.191
- 228Fabricating false evidenceDefines fabricating false evidence as causing a false circumstance to exist, making a false entry in any book, record or electronic record, or creating a document or electronic record containing a false statement, with the intent that such material will appear as evidence in a judicial proceeding, a proceeding before a public servant, or before an arbitrator, and thereby cause an erroneous opinion on a material point.⇆ IPC s.192
- 229Punishment for false evidencePrescribes punishment for giving or fabricating false evidence. A higher punishment applies when the false evidence is given or fabricated for use in a judicial proceeding (including court-martial proceedings and law-directed preliminary investigations). A lower punishment applies in all other cases.⇆ IPC s.193Sub-section (1) – Judicial proceedings: Imprisonment of either description up to…
- 230Giving or fabricating false evidence with intent to procure conviction of capital offencePrescribes an aggravated punishment for giving or fabricating false evidence with the intent or knowledge that it will likely cause a person to be convicted of a capital offence. If an innocent person is actually convicted and executed as a consequence of such false evidence, the offender may be sentenced to death.⇆ IPC s.194Sub-section (1): Imprisonment for life, or rigorous imprisonment up to 10 years,…
- 231Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonmentA person who gives or fabricates false evidence intending to cause another to be convicted of a non-capital offence punishable with imprisonment for life or for seven years or more is liable to the same punishment as would be imposed on a person convicted of that offence. The section mirrors the punishment of the target offence onto the false witness or fabricator. The illustration clarifies that fabricating evidence to procure a dacoity conviction exposes the accused to imprisonment for life.⇆ IPC s.194Same punishment as would be imposed on a person convicted of the offence in resp…
- 232Threatening any person to give false evidenceThis section penalises threatening a person with injury to their person, reputation, or property (or that of someone they care about) in order to compel them to give false evidence. Sub-section (2) provides an enhanced punishment where, as a consequence of the threatened false evidence, an innocent person is convicted and sentenced to death or imprisonment exceeding seven years — in that case the threatener faces the same punishment as the innocent person.⇆ IPC s.195ASub-section (1): Imprisonment of either description up to seven years, or fine, …
- 233Using evidence known to be falseThis section targets a person who corruptly uses or attempts to use evidence that they know to be false or fabricated, treating such conduct as equivalent to giving or fabricating false evidence. The punishment is therefore the same as that prescribed for giving or fabricating false evidence under the relevant preceding sections.⇆ IPC s.196Same as the punishment for giving or fabricating false evidence (as applicable u…
- 234Issuing or signing false certificateThis section makes it an offence to issue or sign a certificate required by law, or admissible in evidence by law, knowing or believing it to be false in any material point. The offender is treated as if they gave false evidence and punished accordingly.⇆ IPC s.197Same as the punishment for giving false evidence (as applicable under the releva…
- 235Using as true a certificate known to be falseThis section penalises the corrupt use or attempted use of a certificate as true when the person knows it to be false in any material point. It is the user-side counterpart to section 234 (which targets the issuer) and carries the same punishment as giving false evidence.⇆ IPC s.198Same as the punishment for giving false evidence (as applicable under the releva…
- 236False statement made in declaration which is by law receivable as evidenceThis section criminalises making a false statement in a declaration that a court, public servant, or other authorised person is bound or authorised by law to receive as evidence of a fact. The accused must know or believe the statement to be false, or not believe it to be true, and the false statement must touch a material point. Punishment is the same as for giving false evidence.⇆ IPC s.199Same as the punishment for giving false evidence (as applicable under the releva…
- 237Using as true such declaration knowing it to be falseThis section penalises the corrupt use or attempted use of a declaration (as described in section 236) as true, when the person knows it to be false in a material point. An Explanation clarifies that a declaration that is inadmissible only due to an informality still falls within the scope of section 236 and this section.⇆ IPC s.200Same as the punishment for giving false evidence (as applicable under the releva…
- 238Causing disappearance of evidence of offence, or giving false information to screen offenderThis section penalises a person who, knowing or having reason to believe an offence has been committed, causes evidence of that offence to disappear or gives false information about it, with the intention of screening the offender from legal punishment. The punishment is graduated based on the severity of the underlying offence.⇆ IPC s.201(a) If the screened offence is punishable with death: imprisonment of either des…
- 239Intentional omission to give information of offence by person bound to informThis section penalises a person who is legally bound to give information about an offence but intentionally omits to do so, knowing or having reason to believe that the offence has been committed. It targets deliberate non-disclosure by those under a legal duty to report.⇆ IPC s.202Imprisonment of either description up to six months, or fine up to five thousand…
- 240Giving false information respecting an offence committedThis section penalises a person who, knowing or having reason to believe that an offence has been committed, gives false information about that offence. An Explanation extends the meaning of 'offence' in sections 238, 239, and this section to include certain acts committed outside India that would be punishable under specified BNS sections if committed in India.⇆ IPC s.203Imprisonment of either description up to two years, or fine, or both.
- 241Destruction of document or electronic record to prevent its production as evidenceThis section penalises anyone who hides, destroys, obliterates, or renders illegible any document or electronic record that they are legally compellable to produce as evidence before a court or public servant, with the intention of preventing its use as evidence. The offence also covers such acts done after a lawful summons to produce the document has been served.⇆ IPC s.204Imprisonment of either description for a term which may extend to 3 years, or fi…
- 242False personation for purpose of act or proceeding in suit or prosecutionThis section punishes false personation of another person for the purpose of taking any step in a civil suit or criminal prosecution, such as making admissions, confessing judgment, causing process to be issued, or becoming bail or security in that assumed character.⇆ IPC s.205Imprisonment of either description for a term which may extend to 3 years, or fi…
- 243Fraudulent removal or concealment of property to prevent its seizure as forfeited or in executionThis section targets fraudulent removal, concealment, transfer, or delivery of property or any interest therein to prevent it from being taken as a forfeiture, in satisfaction of a fine under a court sentence, or in execution of a civil court decree or order. The offence covers both sentences already pronounced and those the accused knows are likely to be pronounced.⇆ IPC s.206Imprisonment of either description for a term which may extend to 3 years, or fi…
- 244Fraudulent claim to property to prevent its seizure as forfeited or in executionThis section penalises a person who fraudulently accepts, receives, or claims property or any interest therein knowing they have no right to it, or who practises deception regarding any right to property, with the intent to prevent that property from being taken as a forfeiture, in satisfaction of a fine, or in execution of a civil decree or order.⇆ IPC s.207Imprisonment of either description for a term which may extend to 2 years, or fi…
- 245Fraudulently suffering decree for sum not dueThis section punishes a person who fraudulently causes or allows a decree or order to be passed against themselves for a sum not due, or for a larger sum than is due, or for property to which the claimant is not entitled, or who allows an already-satisfied decree to be executed against them. The illustration clarifies that colluding to allow a larger fraudulent decree to defeat a legitimate creditor falls within this section.⇆ IPC s.208Imprisonment of either description for a term which may extend to 2 years, or fi…
- 246Dishonestly making false claim in CourtThis section penalises anyone who makes a false claim in a court fraudulently, dishonestly, or with intent to injure or annoy any person, knowing the claim to be false. Both imprisonment and fine are mandatory upon conviction.⇆ IPC s.209Imprisonment of either description for a term which may extend to 2 years, and a…
- 247Fraudulently obtaining decree for sum not dueThis section punishes a person who fraudulently obtains a decree or order against another for a sum not due or larger than due, or for property to which they are not entitled, or who causes an already-satisfied decree to be executed, or who permits such acts to be done in their name.⇆ IPC s.210Imprisonment of either description for a term which may extend to 2 years, or fi…
- 248False charge of offence made with intent to injureThis section penalises malicious prosecution — instituting or causing criminal proceedings against a person, or falsely charging a person with an offence, with intent to cause injury and knowing there is no just or lawful ground for such proceeding or charge. A higher punishment applies where the false charge relates to an offence punishable with death, life imprisonment, or imprisonment for ten years or more.⇆ IPC s.211(a) Imprisonment of either description up to 5 years, or fine up to ₹2,00,000, o…
- 249Harbouring offenderThis section punishes harbouring or concealing a person known or reasonably believed to be an offender, with the intention of screening that person from legal punishment. The punishment is graded according to the severity of the offence committed by the person harboured. The section does not apply where the harbouring is by the spouse of the offender.⇆ IPC s.212(a) If the offence is punishable with death — imprisonment of either description…
- 250Taking gift, etc., to screen an offender from punishmentThis section punishes anyone who accepts, attempts to obtain, or agrees to accept any gratification or restitution of property in consideration of concealing an offence, screening a person from legal punishment, or refraining from proceeding against a person for legal punishment. Punishment is graded based on the severity of the underlying offence being screened.⇆ IPC s.214(a) If the offence being screened is punishable with death — imprisonment of eit…
- 251Offering gift or restoration of property in consideration of screening offenderPenalises anyone who gives, offers, or agrees to give a gratification, or restores property, to induce another person to conceal an offence, screen an offender from legal punishment, or refrain from prosecuting an offender. The punishment is graded according to the severity of the underlying offence being screened. Compoundable offences are expressly excluded from the section's reach.⇆ IPC s.214(a) If underlying offence is punishable with death: imprisonment of either descr…
- 252Taking gift to help to recover stolen property, etcTargets persons who accept or agree to accept a gratification under the pretence of helping someone recover movable property lost through an offence, but then fail to use all available means to get the offender apprehended and convicted. The section creates a conditional liability: the offence is complete only if the person does not actually use all means in his power to secure the offender's conviction.⇆ IPC s.215Imprisonment of either description up to 2 years, or fine, or both.
- 253Harbouring offender who has escaped from custody or whose apprehension has been orderedPunishes anyone who, knowing that a person has escaped from lawful custody or has been ordered to be apprehended, harbours or conceals that person with the intent to prevent apprehension. Punishment is graded by the severity of the underlying offence. The section expressly extends to acts committed outside India that would be extraditable offences, and exempts a spouse from liability.⇆ IPC s.216(a) Underlying offence punishable with death: imprisonment of either description…
- 254Penalty for harbouring robbers or dacoitsCreates a specific offence of harbouring persons who are about to commit or have recently committed robbery or dacoity, where the harbouring is done to facilitate the crime or screen the offenders. The offence applies whether the robbery or dacoity is intended or has been committed within or outside India. A spousal exception applies.⇆ IPC s.216ARigorous imprisonment up to 7 years and fine.
- 255—Public servant disobeying direction of law with intent to save person from punishment or property from forfeiturePenalises a public servant who knowingly disobeys a legal direction governing his conduct as a public servant, with the intent or knowledge that doing so will save a person from legal punishment (or reduce it) or save property from forfeiture or a legal charge. The offence requires both the disobedience and the corrupt intent or knowledge.⇆ IPC s.217Imprisonment of either description up to 2 years, or fine, or both.
- 256Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiturePunishes a public servant who, while charged with preparing a record or writing, frames it in a manner he knows to be incorrect, with intent to cause loss or injury to the public or any person, or to save a person from legal punishment, or to save property from forfeiture or a legal charge. The offence is limited to public servants in their official capacity as record-preparers.⇆ IPC s.218Imprisonment of either description up to 3 years, or fine, or both.
- 257Public servant in judicial proceeding corruptly making report, etc., contrary to lawPenalises a public servant who, corruptly or maliciously, makes or pronounces any report, order, verdict, or decision in a judicial proceeding that he knows to be contrary to law. The offence can be committed at any stage of a judicial proceeding.⇆ IPC s.219Imprisonment of either description up to 7 years, or fine, or both.
- 258Commitment for trial or confinement by person having authority who knows that he is acting contrary to lawTargets persons holding an office that gives them legal authority to commit persons for trial, to confinement, or to keep persons in confinement, who corruptly or maliciously exercise that authority knowing they are acting contrary to law. The offence requires both the corrupt or malicious motive and actual knowledge of acting contrary to law.⇆ IPC s.220Imprisonment of either description up to 7 years, or fine, or both.
- 259Intentional omission to apprehend on part of public servant bound to apprehendPunishes a public servant who is legally bound to apprehend or keep in confinement a person charged with or liable to be apprehended for an offence, but intentionally omits to apprehend, allows escape, or aids escape. Punishment is graded according to the severity of the offence for which the person was to be apprehended.⇆ IPC s.221(a) Underlying offence punishable with death: imprisonment of either description…
- 260Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committedPunishes a public servant who is legally bound to apprehend or keep in confinement a person already under a court sentence or lawfully committed to custody, but intentionally omits to apprehend, allows escape, or aids escape. Punishment is more severe than under s.259 because the person concerned has already been sentenced or lawfully committed.⇆ IPC s.222(a) Person under sentence of death: imprisonment for life or imprisonment of eit…
- 261Escape from confinement or custody negligently suffered by public servantA public servant who is legally obligated to keep a person (charged with or convicted of an offence, or lawfully committed to custody) in confinement, and who negligently allows that person to escape, commits an offence under this section. The key element is negligence, not intention. The punishment is simple imprisonment and/or fine.⇆ IPC s.223Simple imprisonment up to 2 years, or fine, or both
- 262Resistance or obstruction by a person to his lawful apprehensionThis section penalises a person who intentionally resists or illegally obstructs their own lawful arrest for an offence they are charged with or convicted of, or who escapes or attempts to escape from lawful custody. The punishment is cumulative — it is in addition to the punishment for the underlying offence.⇆ IPC s.224Imprisonment of either description up to 2 years, or fine, or both (in addition …
- 263Resistance or obstruction to lawful apprehension of another personThis section penalises anyone who intentionally resists or obstructs the lawful arrest of another person, or rescues or attempts to rescue another person from lawful custody. The punishment escalates in five tiers depending on the severity of the offence for which the person being apprehended or rescued is charged or sentenced.⇆ IPC s.225Tiered: (a) Up to 2 years imprisonment and/or fine (general); (b) Up to 3 years …
- 264Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided forThis is a residual provision covering public servants who fail to apprehend, or allow the escape of, persons in cases not covered by sections 259, 260, or 261, or any other law in force. It distinguishes between intentional and negligent omissions, with higher punishment for intentional conduct.⇆ IPC s.225B(a) Intentional: imprisonment of either description up to 3 years, or fine, or b…
- 265Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided forA residual provision penalising intentional resistance or obstruction to lawful apprehension, or escape or rescue from lawful custody, in cases not covered by sections 262 or 263 or any other law in force. It applies to both self-apprehension and apprehension of others.⇆ IPC s.225AImprisonment of either description up to 6 months, or fine, or both
- 266Violation of condition of remission of punishmentThis section penalises a person who has accepted a conditional remission of punishment and knowingly violates any condition attached to that remission. The punishment is the unexpired portion of the original sentence — or the full original sentence if no part has been served.⇆ IPC s.226The original sentence if no part has been served; or the unserved remainder of t…
- 267Intentional insult or interruption to public servant sitting in judicial proceedingThis section makes it an offence to intentionally insult or cause interruption to a public servant while that public servant is sitting in any stage of a judicial proceeding. It is designed to protect the dignity and functioning of judicial processes.⇆ IPC s.228Simple imprisonment up to 6 months, or fine up to five thousand rupees, or both
- 268Personation of assessorThis section penalises a person who, by personation or any other means, causes themselves to be returned, empanelled, or sworn as an assessor in a case where they know they are not legally entitled to serve, or who knowingly serves as an assessor after being unlawfully empanelled.⇆ IPC s.229Imprisonment of either description up to 2 years, or fine, or both
- 269Failure by person released on bail bond or bond to appear in CourtThis section penalises a person who, having been charged with an offence and released on bail or bond, fails without sufficient cause to appear in court as required by the terms of the bail or bond. The burden of proving sufficient cause lies on the accused. The punishment is cumulative and does not affect the court's power to forfeit the bond.Imprisonment of either description up to 1 year, or fine, or both (in addition t…
Chapter XV · OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS
- 270Public nuisanceThis section defines 'public nuisance' as any act or illegal omission that causes common injury, danger, or annoyance to the public or to persons in the vicinity, or that necessarily causes injury, obstruction, danger, or annoyance to persons using a public right. It expressly provides that a nuisance is not excused merely because it also causes some convenience or advantage.⇆ IPC s.268
- 271Negligent act likely to spread infection of disease dangerous to lifePunishes any person who unlawfully or negligently performs an act that they know or have reason to believe is likely to spread a life-threatening infectious disease. The offence is based on negligence or unlawfulness rather than malicious intent. It covers acts of omission or commission that create a risk of disease transmission.⇆ IPC s.269Imprisonment of either description for up to 6 months, or fine, or both.
- 272Malignant act likely to spread infection of disease dangerous to lifePunishes any person who malignantly (i.e., with deliberate ill intent) does an act that they know or have reason to believe is likely to spread a life-threatening infectious disease. This is the aggravated form of the offence under s.271, requiring malicious intent rather than mere negligence.⇆ IPC s.270Imprisonment of either description for up to 2 years, or fine, or both.
- 273Disobedience to quarantine rulePunishes knowing disobedience of government-made quarantine rules applicable to modes of transport or to regulating movement between infected and uninfected places. The offence requires actual knowledge of the rule and deliberate non-compliance.⇆ IPC s.271Imprisonment of either description for up to 6 months, or fine, or both.
- 274Adulteration of food or drink intended for salePunishes adulteration of food or drink that renders it noxious, where the accused intends to sell it or knows it is likely to be sold as food or drink. The key element is that the adulteration makes the article harmful, not merely inferior.⇆ IPC s.272Imprisonment of either description for up to 6 months, or fine up to ₹5,000, or …
- 275Sale of noxious food or drinkPunishes the sale, offer, or exposure for sale of food or drink that has become or been rendered noxious or unfit for consumption, where the seller knows or has reason to believe it is noxious. Unlike s.274, this section targets the seller rather than the adulterator.⇆ IPC s.273Imprisonment of either description for up to 6 months, or fine up to ₹5,000, or …
- 276Adulteration of drugsPunishes adulteration of a drug or medical preparation in a manner that lessens its efficacy, changes its operation, or makes it noxious, where the accused intends or knows it is likely to be sold or used for medicinal purposes as if unadulterated.⇆ IPC s.274Imprisonment of either description for up to 1 year, or fine up to ₹5,000, or bo…
- 277Sale of adulterated drugsPunishes the knowing sale, offer for sale, dispensing, or causing use of a drug or medical preparation that has been adulterated (so as to lessen efficacy, change operation, or render it noxious), while representing it as unadulterated or without disclosing the adulteration to the user.⇆ IPC s.275Imprisonment of either description for up to 6 months, or fine up to ₹5,000, or …
- 278Sale of drug as a different drug or preparationPunishes the knowing sale, offer for sale, or dispensing of a drug or medical preparation while representing it as a different drug or medical preparation. This targets deliberate misrepresentation of the identity of a medicinal product.⇆ IPC s.276Imprisonment of either description for up to 6 months, or fine up to ₹5,000, or …
- 279Fouling water of public spring or reservoirPunishes voluntary corruption or fouling of the water of any public spring or reservoir so as to make it less fit for its ordinary use. The act must be voluntary and must actually diminish the fitness of the water for its normal purpose.⇆ IPC s.277Imprisonment of either description for up to 6 months, or fine up to ₹5,000, or …
- 280Making atmosphere noxious to healthPunishes voluntary vitiation of the atmosphere in any place so as to make it noxious to the health of persons dwelling, doing business in the neighbourhood, or passing along a public way. The offence is punishable only with fine.⇆ IPC s.278Fine up to ₹1,000.
- 281Rash driving or riding on a public wayPenalises rash or negligent driving or riding on a public way that endangers human life or is likely to cause hurt or injury to another person. The offence covers any vehicle or mode of riding on a public road.⇆ IPC s.279Imprisonment of either description up to 6 months, or fine up to ₹1,000, or both…
- 282Rash navigation of vesselPenalises rash or negligent navigation of any vessel in a manner that endangers human life or is likely to cause hurt or injury to another person. The fine ceiling is higher than the analogous road-driving offence.⇆ IPC s.280Imprisonment of either description up to 6 months, or fine up to ₹10,000, or bot…
- 283Exhibition of false light, mark or buoyTargets the deliberate or knowing exhibition of a false light, mark, or buoy intended or known to be likely to mislead a navigator. The offence carries a mandatory minimum fine and a substantial imprisonment term, reflecting the serious risk to maritime safety.⇆ IPC s.281Imprisonment of either description up to 7 years, and fine of not less than ₹10,…
- 284Conveying person by water for hire in unsafe or overloaded vesselPenalises knowingly or negligently conveying, or causing to be conveyed for hire, any person by water in a vessel that is in an unsafe state or so overloaded as to endanger that person's life. The commercial (for-hire) element is essential to the offence.⇆ IPC s.282Imprisonment of either description up to 6 months, or fine up to ₹5,000, or both…
- 285Danger or obstruction in public way or line of navigationCreates a fine-only offence for causing danger, obstruction, or injury to any person in a public way or public line of navigation, whether by a positive act or by failing to manage property in one's possession or charge. No imprisonment is prescribed.⇆ IPC s.283Fine up to ₹5,000.
- 286Negligent conduct with respect to poisonous substancePenalises rash or negligent acts with a poisonous substance that endanger human life or are likely to cause hurt, as well as knowing or negligent failure to take adequate precautions with a poisonous substance in one's possession against probable danger to human life.⇆ IPC s.284Imprisonment of either description up to 6 months, or fine up to ₹5,000, or both…
- 287Negligent conduct with respect to fire or combustible matterPenalises rash or negligent acts with fire or combustible matter that endanger human life or are likely to cause hurt, as well as knowing or negligent failure to take adequate precautions with fire or combustible matter in one's possession against probable danger to human life.⇆ IPC s.285Imprisonment of either description up to 6 months, or fine up to ₹2,000, or both…
- 288Negligent conduct with respect to explosive substancePenalises rash or negligent acts with an explosive substance that endanger human life or are likely to cause hurt, as well as knowing or negligent failure to take adequate precautions with an explosive substance in one's possession against probable danger to human life.⇆ IPC s.286Imprisonment of either description up to 6 months, or fine up to ₹5,000, or both…
- 289Negligent conduct with respect to machineryPenalises rash or negligent acts with machinery that endanger human life or are likely to cause hurt, as well as knowing or negligent failure to take adequate precautions with machinery in one's possession or care against probable danger to human life.⇆ IPC s.287Imprisonment of either description up to 6 months, or fine up to ₹5,000, or both…
- 290Negligent conduct with respect to pulling down, repairing or constructing buildings, etcPenalises knowing or negligent failure to take adequate safety measures during the pulling down, repair, or construction of a building so as to guard against probable danger to human life from the fall of the building or any part of it.⇆ IPC s.288Imprisonment of either description up to 6 months, or fine up to ₹5,000, or both…
- 291Negligent conduct with respect to animalPenalises a person who knowingly or negligently fails to take adequate precautions regarding an animal in their possession, where such failure creates a probable danger to human life or of grievous hurt. The offence covers both deliberate omission and careless inaction. Liability attaches to the possessor of the animal.⇆ IPC s.289Imprisonment of either description for up to 6 months, or fine up to ₹5,000, or …
- 292Punishment for public nuisance in cases not otherwise provided forCreates a residual offence for public nuisance not specifically punished elsewhere in the Sanhita. It acts as a catch-all provision for nuisance cases that fall outside more specific provisions. The punishment is limited to a fine.⇆ IPC s.290Fine up to ₹1,000.
- 293Continuance of nuisance after injunction to discontinuePunishes a person who repeats or continues a public nuisance after a lawfully authorised public servant has issued an injunction to stop it. The section targets deliberate non-compliance with official directions. It is more serious than the basic public nuisance offence under section 292.⇆ IPC s.291Simple imprisonment for up to 6 months, or fine up to ₹5,000, or both.
- 294Sale, etc., of obscene books, etcDefines obscenity and penalises a wide range of acts involving obscene material — including sale, distribution, public exhibition, import/export, participation in an obscene-material business, advertisement, and attempts — covering both physical objects and electronic content. Exceptions exist for material justified as being in the public good (science, literature, art, learning, religion) and for representations on ancient monuments or in temples. Punishment escalates on repeat conviction.⇆ IPC s.292First conviction: imprisonment of either description up to 2 years and fine up t…
- 295Sale, etc., of obscene objects to childCreates a more serious offence for selling, hiring, distributing, exhibiting, or circulating obscene objects (as defined in section 294) specifically to a child, or attempting to do so. Punishment is higher than under section 294 and escalates further on repeat conviction.⇆ IPC s.293First conviction: imprisonment of either description up to 3 years and fine up t…
- 296Obscene acts and songsPenalises obscene acts done in a public place, or the singing, reciting, or uttering of obscene songs, ballads, or words in or near a public place, where such conduct causes annoyance to others. Both physical acts and spoken/sung content are covered.⇆ IPC s.294Imprisonment of either description for up to 3 months, or fine up to ₹1,000, or …
- 297Keeping lottery officeSection 297 creates two distinct offences: (1) keeping an office or place for drawing an unauthorised lottery (i.e., not a State lottery or State-Government-authorised lottery); and (2) publishing any proposal to pay money, deliver goods, or do/forbear from doing anything contingent on the drawing of a ticket, lot, number, or figure in such an unauthorised lottery.⇆ IPC s.294ASub-section (1): Imprisonment of either description up to 6 months, or fine, or …
Chapter XVI · OF OFFENCES RELATING TO RELIGION
- 298Injuring or defiling place of worship with intent to insult religion of any classPunishes the destruction, damage, or defilement of a place of worship or any object held sacred by any class of persons, where the act is done with the intention of insulting that class's religion or with knowledge that the class is likely to consider it an insult. Both intent and knowledge are alternative mental elements.⇆ IPC s.295Imprisonment of either description for up to 2 years, or fine, or both.
- 299Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefsPenalises deliberate and malicious acts — by spoken or written words, signs, visible representations, electronic means, or otherwise — that insult or attempt to insult the religion or religious beliefs of any class of citizens of India, with the intention of outraging their religious feelings. The mental element requires both deliberateness and malice.⇆ IPC s.295AImprisonment of either description for up to 3 years, or fine, or both.
- 300Disturbing religious assemblyPunishes voluntary disturbance of an assembly lawfully engaged in religious worship or religious ceremonies. The assembly must be lawfully engaged in religious activity at the time of the disturbance.⇆ IPC s.296Imprisonment of either description for up to 1 year, or fine, or both.
- 301Trespassing on burial places, etcPenalises trespass in places of worship, burial grounds, or places set apart for funeral rites, as well as offering indignity to a human corpse or disturbing persons assembled for funeral ceremonies, when done with intent to wound religious feelings or with knowledge that such feelings are likely to be wounded.⇆ IPC s.297Imprisonment of either description for a term which may extend to 1 year, or fin…
- 302Uttering words, etc., with deliberate intent to wound religious feelings of any personPenalises deliberate acts — uttering words, making sounds, gestures, or placing objects — intended to wound the religious feelings of any person who hears or sees them.⇆ IPC s.298Imprisonment of either description for a term which may extend to 1 year, or fin…
Chapter XVII · OF OFFENCES AGAINST PROPERTY
- 303TheftDefines theft as the dishonest taking of movable property out of another's possession without consent, and prescribes punishment. A first-time offender where the stolen property is worth less than ₹5,000 may be sentenced to community service upon return or restoration of the property. Repeat offenders face enhanced mandatory minimum imprisonment.⇆ IPC s.378/379First conviction: imprisonment of either description up to 3 years, or fine, or …
- 304SnatchingCreates a distinct offence of snatching, defined as a form of theft where the offender suddenly, quickly, or forcibly seizes or grabs movable property from a person or from their possession.Imprisonment of either description for a term which may extend to 3 years, and a…
- 305Theft in a dwelling house, or means of transportation or place of worship, etcPrescribes enhanced punishment for theft committed in a dwelling, tent, or vessel; theft of a means of transport or goods therefrom; theft of an idol or icon from a place of worship; or theft of government or local authority property.⇆ IPC s.380Imprisonment of either description for a term which may extend to 7 years, and a…
- 306Theft by clerk or servant of property in possession of masterPrescribes enhanced punishment for theft committed by a clerk or servant (or a person employed in that capacity) in respect of property in the possession of their master or employer.⇆ IPC s.381Imprisonment of either description for a term which may extend to 7 years, and a…
- 307Theft after preparation made for causing death, hurt or restraint in order to committing of theftPrescribes enhanced punishment for theft where the offender has made preparation to cause death, hurt, restraint, or fear thereof — whether to facilitate the theft, to escape after it, or to retain the stolen property.⇆ IPC s.382Rigorous imprisonment for a term which may extend to 10 years, and also liable t…
- 308ExtortionDefines extortion as intentionally putting a person in fear of injury to induce them to deliver property or a valuable security, and prescribes a graduated scale of punishments depending on the nature of the threat and whether extortion was actually committed or merely attempted.⇆ IPC s.383/384/385/386/387/388/389Extortion (basic): imprisonment of either description up to 7 years, or fine, or…
- 309RobberyDefines robbery as an aggravated form of theft or extortion where the offender voluntarily causes or threatens instant death, hurt, or wrongful restraint. Dacoity-related robbery on a highway between sunset and sunrise attracts extended imprisonment. Causing hurt during robbery or attempted robbery can result in life imprisonment.⇆ IPC s.390/392/393/394Robbery: rigorous imprisonment up to 10 years and fine; if on a highway between …
- 310DacoityDefines dacoity as robbery committed or attempted by five or more persons (including those present and aiding), and prescribes a range of punishments covering commission, murder during dacoity, preparation, assembly, and membership of a dacoity gang.⇆ IPC s.391/395/396/397/398/399/400Dacoity (commission): imprisonment for life, or rigorous imprisonment up to 10 y…
- 311Robbery, or dacoity, with attempt to cause death or grievous hurtThis section prescribes a mandatory minimum sentence for robbery or dacoity committed with aggravating circumstances. Where the offender uses a deadly weapon, causes grievous hurt, or attempts to cause death or grievous hurt during the commission of robbery or dacoity, the imprisonment must be at least seven years.⇆ IPC s.397Imprisonment not less than 7 years (mandatory minimum; upper limit governed by t…
- 312Attempt to commit robbery or dacoity when armed with deadly weaponThis section prescribes a mandatory minimum sentence where an offender, while attempting (but not completing) robbery or dacoity, is armed with a deadly weapon. The mere attempt combined with being armed triggers the enhanced punishment.⇆ IPC s.398Imprisonment not less than 7 years (mandatory minimum).
- 313Punishment for belonging to gang of robbers, etcThis section punishes membership of a gang habitually engaged in theft or robbery, where the gang does not rise to the level of a gang of dacoits. Mere belonging to such a gang is sufficient for liability.⇆ IPC s.401Rigorous imprisonment up to 7 years, and fine.
- 314Dishonest misappropriation of propertyThis section penalises dishonest misappropriation or conversion of movable property to one's own use. It covers situations where property initially came into possession innocently but was subsequently appropriated dishonestly, as well as cases of finders who fail to take reasonable steps to locate the owner.⇆ IPC s.403Imprisonment of either description for not less than 6 months and up to 2 years,…
- 315Dishonest misappropriation of property possessed by deceased person at the time of his deathThis section targets the dishonest misappropriation of property that was in a deceased person's possession at the time of death and has not since come into the hands of any person legally entitled to it. An enhanced punishment applies where the offender was employed as a clerk or servant of the deceased.⇆ IPC s.404Imprisonment of either description up to 3 years, and fine. If the offender was …
- 316Criminal breach of trustThis section defines criminal breach of trust and prescribes graduated punishments depending on the capacity in which the offender was entrusted with property. The offence involves dishonest misappropriation, conversion, or disposal of entrusted property in violation of law or contract. Punishments escalate from 5 years for the basic offence up to life imprisonment for public servants, bankers, merchants, and similar fiduciaries.⇆ IPC s.405Basic offence (sub-section 2): imprisonment of either description up to 5 years,…
- 317Stolen propertyThis section defines 'stolen property' and creates multiple offences relating to receiving, retaining, or concealing such property. It covers ordinary receipt of stolen goods, aggravated receipt linked to dacoity, habitual dealing in stolen property, and voluntary assistance in concealing or disposing of stolen property.⇆ IPC s.410Sub-section 2: imprisonment of either description up to 3 years, or fine, or bot…
- 318CheatingThis section defines cheating and prescribes graduated punishments. Cheating involves deceiving a person to fraudulently or dishonestly induce delivery of property, consent to retention of property, or to do or omit something causing damage or harm. Punishments increase where the accused owed a duty to protect the victim's interests or where the cheating induced delivery of property or alteration of a valuable security.⇆ IPC s.415Basic cheating (sub-section 2): imprisonment of either description up to 3 years…
- 319Cheating by personationThis section defines cheating by personation — a specific form of cheating where the offender pretends to be another person, substitutes one person for another, or misrepresents identity. The offence is complete whether the person impersonated is real or imaginary.⇆ IPC s.416Imprisonment of either description up to 5 years, or fine, or both.
- 320Dishonest or fraudulent removal or concealment of property to prevent distribution among creditorsThis section penalises a debtor (or a person acting on behalf of another debtor) who dishonestly or fraudulently removes, conceals, delivers, or transfers property without adequate consideration, with the intent or knowledge that doing so will prevent the lawful distribution of that property among creditors.⇆ IPC s.421Imprisonment of either description for not less than 6 months and up to 2 years,…
- 321Dishonestly or fraudulently preventing debt being available for creditorsThis section penalises a person who dishonestly or fraudulently prevents a debt or demand owed to himself or another from being made available under law for payment of creditors. It targets deliberate obstruction of the legal process by which debts become available for satisfaction. Both the debtor acting against his own creditors and a third party acting against another's creditors are covered.⇆ IPC s.422Imprisonment of either description for a term which may extend to two years, or …
- 322Dishonest or fraudulent execution of deed of transfer containing false statement of considerationThis section punishes a person who dishonestly or fraudulently signs, executes, or becomes party to a deed or instrument purporting to transfer or charge property, where the deed contains a false statement about the consideration or about the intended beneficiary. It targets fraudulent conveyances designed to mislead creditors or others about the true nature of a transaction.⇆ IPC s.423Imprisonment of either description for a term which may extend to three years, o…
- 323Dishonest or fraudulent removal or concealment of propertyThis section penalises dishonest or fraudulent concealment or removal of property (one's own or another's), assistance in such concealment or removal, or dishonest release of a demand or claim to which the accused is entitled. It is aimed at preventing debtors or others from defeating creditors by hiding assets or abandoning claims.⇆ IPC s.424Imprisonment of either description for a term which may extend to three years, o…
- 324MischiefThis section defines mischief and prescribes a tiered punishment structure based on the nature and quantum of damage caused. Mischief consists of intentionally or knowingly causing destruction of or injurious change to property resulting in wrongful loss or damage. Punishments escalate from six months for basic mischief up to five years for damage of one lakh rupees or more, and up to five years with mandatory fine where the offender had prepared to cause death, hurt, or wrongful restraint.⇆ IPC s.425Basic mischief (sub-section 2): imprisonment up to 6 months, or fine, or both. D…
- 325Mischief by killing or maiming animalThis section specifically addresses mischief committed against animals by killing, poisoning, maiming, or rendering them useless. It prescribes a higher punishment than basic mischief, reflecting the gravity of harm to living property.⇆ IPC s.428 / IPC s.429Imprisonment of either description for a term which may extend to five years, or…
- 326Mischief by injury, inundation, fire or explosive substance, etcThis section creates several aggravated forms of mischief based on the specific target or means used, including diminishing water supply, damaging public roads or waterways, causing inundation, destroying navigation signals or landmarks, and using fire or explosives. Punishments range from one year to life imprisonment depending on the clause attracted.⇆ IPC s.430 / IPC s.431 / IPC s.432 / IPC s.433 / IPC s.434 / IPC s.435 / IPC s.436Clauses (a), (b), (c): imprisonment up to 5 years, or fine, or both. Clause (d):…
- 327Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden
- 328Punishment for intentionally running vessel aground or ashore with intent to commit theft, etcThis section punishes a person who intentionally runs a vessel aground or ashore with the intent to commit theft of property on board or to dishonestly misappropriate such property, or with intent to facilitate such theft or misappropriation by others.⇆ IPC s.438Imprisonment of either description for a term which may extend to ten years, and…
- 329Criminal trespass and house-trespassThis section defines criminal trespass and house-trespass and prescribes punishments for each. Criminal trespass involves entering or remaining on another's property with intent to commit an offence or to intimidate, insult, or annoy the person in possession. House-trespass is an aggravated form where the entry or remaining is in a building, tent, or vessel used as a dwelling, place of worship, or place for custody of property.⇆ IPC s.441 / IPC s.442Criminal trespass: imprisonment up to 3 months, or fine up to ₹5,000, or both. H…
- 330House-trespass and house-breakingThis section defines lurking house-trespass and house-breaking as aggravated forms of house-trespass. Lurking house-trespass involves taking precautions to conceal the trespass from a person entitled to exclude the trespasser. House-breaking is committed when entry into or exit from the house is effected by one of six specified means, including making a passage, scaling, opening a lock, using force, or passing through a fastened passage.⇆ IPC s.443 / IPC s.445
- 331Punishment for house-trespass or house-breakingPrescribes a graduated scale of punishments for lurking house-trespass or house-breaking, with enhanced penalties depending on whether the act is committed at night, with intent to commit a further offence, with preparation for violence, or where grievous hurt or death is caused or attempted during the commission.⇆ IPC s.443–460 (consolidated)Sub-s.(1): Up to 2 years imprisonment + fine; Sub-s.(2) night: up to 3 years + f…
- 332House-trespass in order to commit offencePunishes house-trespass committed with the intent to commit a further offence, with the severity of punishment calibrated to the gravity of the intended offence — death-penalty offences attract the highest punishment, followed by life-imprisonment offences, and then other imprisonable offences (with a special enhanced term where theft is intended).⇆ IPC s.449–451Where intended offence is punishable with death: imprisonment for life or rigoro…
- 333House-trespass after preparation for hurt, assault or wrongful restraintPunishes house-trespass committed after making preparation for causing hurt, assault, wrongful restraint, or putting any person in fear of such acts. The section targets the aggravated form of simple house-trespass where the accused has readied himself for violence or intimidation.⇆ IPC s.452Imprisonment of either description up to 7 years, and fine
- 334Dishonestly breaking open receptacle containing propertyCreates two offences relating to dishonest or mischievous breaking open of closed receptacles: a general offence applicable to any person, and an aggravated offence applicable to a person entrusted with the receptacle who opens it without authority.⇆ IPC s.461–462Sub-s.(1): Imprisonment of either description up to 2 years, or fine, or both; S…
Chapter XVIII · OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS
- 335Making a false documentDefines what constitutes making a 'false document' or 'false electronic record' for the purposes of the forgery provisions. It covers three modes: (A) making/executing/signing/transmitting with intent to deceive as to authorship; (B) material alteration without lawful authority; and (C) causing another person to sign or alter a document by exploiting their incapacity or by deception. The section is definitional and includes extensive illustrations and two explanatory notes.⇆ IPC s.464
- 336ForgeryDefines the offence of forgery as making a false document or electronic record with specified fraudulent intents, and prescribes three tiers of punishment depending on whether the forgery is basic, intended for cheating, or intended to harm reputation.⇆ IPC s.463–465Basic forgery (sub-s.2): up to 2 years imprisonment or fine or both; Forgery for…
- 337Forgery of record of Court or of public register, etcCreates an aggravated forgery offence for documents of high public importance, including court records, government-issued identity documents (voter ID, Aadhaar), registers of birth/marriage/burial, official certificates, powers of attorney, and authorities to institute or defend legal proceedings. The Explanation extends 'register' to electronic records.⇆ IPC s.466Imprisonment of either description up to 7 years, and fine
- 338Forgery of valuable security, will, etcPrescribes the most severe punishment for forgery of documents of the highest financial or personal significance, including valuable securities, wills, adoption authorities, instruments authorising transfer or receipt of money or property, and acquittances or receipts.⇆ IPC s.467Imprisonment for life, or imprisonment of either description up to 10 years, and…
- 339Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuinePunishes possession of a forged document or electronic record with knowledge of its forgery and intent to use it as genuine. The punishment mirrors the category of the forged document: section 337-type documents attract up to 7 years; section 338-type documents attract imprisonment for life or up to 7 years.⇆ IPC s.474If section 337 document: up to 7 years imprisonment + fine; if section 338 docum…
- 340Forged document or electronic record and using it as genuineSub-section (1) defines a 'forged document or electronic record' as one made wholly or in part by forgery. Sub-section (2) creates the offence of fraudulently or dishonestly using a document or electronic record known or believed to be forged, and equates the punishment to that for the underlying forgery.⇆ IPC s.470–471Same punishment as if the accused had forged the document or electronic record i…
- 341Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338Penalises making, counterfeiting, or possessing counterfeit seals, plates or instruments intended for use in forgery. Sub-section (1) covers instruments intended for forgeries punishable under section 338 (the most serious category); sub-section (2) covers instruments for other forgeries in the Chapter; sub-section (3) covers mere possession of a counterfeit instrument without proven intent; and sub-section (4) equates fraudulent use of a counterfeit instrument with making it.⇆ IPC s.257, s.258, s.259, s.260Sub-section (1): Imprisonment for life, or imprisonment of either description up…
- 342Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material
- 343Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable securityCriminalises the fraudulent or dishonest cancellation, destruction, defacement, secreting, or mischief in respect of a will, an authority to adopt a son, or any valuable security. Attempts to do any of these acts are equally punishable.⇆ IPC s.477Imprisonment for life, or imprisonment of either description up to 7 years, and …
- 344Falsification of accountsTargets employees (clerks, officers, servants) who wilfully and with intent to defraud destroy, alter, mutilate, or falsify their employer's books, records, or accounts, or make false entries or omit material particulars from such records. The Explanation clarifies that a general intent to defraud is sufficient without naming a specific victim or sum.⇆ IPC s.477AImprisonment of either description up to 7 years, or fine, or both.
- 345Property markDefines a 'property mark' as a mark denoting ownership of movable property, and defines 'false property mark' as marking goods or receptacles in a manner likely to suggest they belong to someone they do not. Using a false property mark is an offence unless the accused proves absence of intent to defraud.⇆ IPC s.479, s.482Imprisonment of either description up to 1 year, or fine, or both.
- 346Tampering with property mark with intent to cause injuryPenalises the removal, destruction, defacement, or addition to any property mark where the accused intends or knows it is likely to cause injury to any person.⇆ IPC s.483Imprisonment of either description up to 1 year, or fine, or both.
- 347Counterfeiting a property markPenalises counterfeiting any property mark used by another person (sub-section 1), and more severely penalises counterfeiting a property mark used by a public servant or using such a counterfeit mark as genuine (sub-section 2).⇆ IPC s.483, s.484Sub-section (1): Imprisonment of either description up to 2 years, or fine, or b…
- 348Making or possession of any instrument for counterfeiting a property markCriminalises making or possessing any dye, plate or other instrument for the purpose of counterfeiting a property mark, or possessing a property mark to falsely attribute ownership of goods.⇆ IPC s.485Imprisonment of either description up to 3 years, or fine, or both.
- 349Selling goods marked with a counterfeit property markPenalises selling, exposing for sale, or possessing for sale goods bearing a counterfeit property mark. The accused has a statutory defence if they prove they took all reasonable precautions, had no reason to suspect the mark's genuineness, cooperated with the prosecutor on demand, or otherwise acted innocently.⇆ IPC s.486Imprisonment of either description up to 1 year, or fine, or both.
- 350Making a false mark upon any receptacle containing goodsPenalises making a false mark on any receptacle containing goods in a manner likely to mislead a public servant or any person about the nature, quality, or contents of the goods. Sub-section (2) extends the same punishment to anyone who uses such a false mark. In both cases the accused may escape liability by proving absence of intent to defraud.⇆ IPC s.487Imprisonment of either description up to 3 years, or fine, or both.
Chapter XIX · OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC.
- 351Criminal intimidationCriminal intimidation consists of threatening another person—by any means—with injury to their person, reputation, or property (or that of someone they care about), with intent to cause alarm or to compel them to do or omit something they are legally free to choose. The offence carries graduated punishment depending on the gravity of the threat and whether the threat was made anonymously. A threat against the reputation of a deceased person in whom the threatened party is interested is expressly included.⇆ IPC s.503, s.506, s.507Basic offence (s.351(2)): imprisonment of either description up to 2 years, or f…
- 352Intentional insult with intent to provoke breach of peaceThis section punishes intentional insults that are calculated or known to be likely to provoke the insulted person to breach the public peace or commit another offence. Both the intent to insult and the likelihood of provoking a breach of peace must be present.⇆ IPC s.504Imprisonment of either description up to 2 years, or fine, or both.
- 353Statements conducing to public mischiefThis section penalises the making, publishing, or circulating of false statements, rumours, or alarming reports—including through electronic means—that are likely to cause mutiny among armed forces personnel, cause public fear inducing offences against the State or public tranquillity, incite communal offences, or promote enmity between religious, racial, linguistic, or caste-based groups. An aggravated form applies when such acts are committed in a place of worship or during religious ceremonies. A good-faith exception applies where the person had reasonable grounds to believe the statement was true.⇆ IPC s.505s.353(1) and s.353(2): imprisonment up to 3 years, or fine, or both. s.353(3) (p…
- 354Act caused by inducing person to believe that he will be rendered an object of Divine displeasureThis section targets coercion achieved through religious or supernatural threats—specifically, inducing a person to act or omit to act by making them believe they or someone they care about will incur Divine displeasure if they do not comply. Sitting dharna to create such a belief is expressly illustrated as an offence.⇆ IPC s.508Imprisonment of either description up to 1 year, or fine, or both.
- 355Misconduct in public by a drunken personThis section makes it an offence for a person who is intoxicated to appear in a public place (or a place they have no right to enter) and conduct themselves in a manner that causes annoyance to any person. The punishment is light and includes the option of community service.⇆ IPC s.510Simple imprisonment up to 24 hours, or fine up to ₹1,000, or both, or community …
- 356DefamationDefamation consists of making or publishing any imputation—by words (spoken or written), signs, or visible representations—concerning any person with intent to harm, or knowing or having reason to believe it will harm, that person's reputation. The section provides an extensive list of exceptions (including truth for public good, fair comment on public servants, court proceedings, literary criticism, and good-faith accusations) and explanations covering imputations against deceased persons, companies, and ironic or alternative statements.⇆ IPC s.499, s.500Simple imprisonment up to 2 years, or fine, or both (see s.356(2) — punishment p…
- 357Breach of contract to attend on and supply wants of helpless personThis section penalises a person who is contractually bound to attend to or supply the needs of a helpless person (one who is young, of unsound mind, diseased, or bodily weak) but voluntarily fails to do so. Liability arises from the voluntary omission of a lawful contractual duty of care.⇆ IPC s.491Imprisonment of either description up to 3 months, or fine up to ₹5,000, or both…
Chapter XX · REPEAL AND SAVINGS